Friday....

So, I was taught that average people talk about things, ignorant people talk about other people and great people talk about ideas... and this entire blog seems to be a litany of other people's foibles, not a discourse on ideas. Which is not ok by me. I am supposed to be a philosophical lawyer- not a rail on my idiot clients lawyer.

Upon reflection, its a coping mechanism- how else can I deal with the idiocy of my clients unless I can call them idiots(in my mind, not to their faces) and treat them accordingly in this blog? Its a delicate line between talking down to someone, and explaining something to them in a way they can understand and I constantly struggle to find the right words to explain difficult concepts to my clients in a respectful way. People are loathe to tell you when they don't understand- because they then feel their ignorance and no one likes to feel like they don't understand something. But the thing is, as a lawyer, its critical to me to convey an understanding of the process to them, so that they understand their responsibilities and rights in Court. If I fail to do this, I fail my client.

But what am I do do with a client who just... doesn't get it? I mean, I have an hour or two max, there is only so much I can do. I can summarize the information for my client whom I suspect doesn't read- and doesn't want to tell me, but I cannot make him pay attention. I can tell him that the fact that he's not paying attention is why we're in this situation- but I cannot make him listen. I can ask him (this is where I feel like I am crossing the line into patronizing them) to repeat what I said, or to tell me what he is agreeing to in his own words... but shoot- they're not children- most of these people are older than I- I feel like I'm giving them a pop quiz in class when I do that. "Now class, can you tell me the difference between consecutive and concurrent sentences and what that means to you?"

I have had two clients lately who have written me letters from jail telling me that they didn't understand how long they would be in jail when they entered into their agreement. This really, really bothers me.

I sat down and added up their days for them, I TOLD THEM, in plain English- if you accept this agreement, you will be in jail for 360 days, minus any good time that you earn. This is what you are agreeing to- if you don't want to agree that's fine. We can have a trial- that's what I get paid to do- try your case.

I told them I had no control over "good time." I told them I have no control over whether or not another jail will give them credit on their sentence there while they are in jail here- but if you have your lawyer over there call me I'll get them any information they need... but still I receive the pleading letter.

I have to evaluate the letters against my own standard- just because they feel I have failed them doesn't mean I have failed them- because. Because so many of them are consciously trying to manipulate me and The System. Because, after 25 charges in three years for Theft III, Possession of Paraphernalia, public intox, loitering in a drug house and so forth, I figured I only had to tell you once that if you were arrested again while on this probation you would serve Three Hundred and Sixty DAYS in the City jail. I told you the prosecutor was out of patience and that he was making this serious this time. I told you to go to rehab. I put the phone number of six free programs-- and their applications-- in your hand. What more can I do? I am not your mama.

I will however, review everything and write you a letter.

And I will think about this and decide to make a change here- on my blog. No more vacuous amusing little pieces. Unless they're really really funny. I will begin now a series of "Good Advice I have received and other random aphorisms."