Friday, May 25, 2012

Denver criminal defense lawyer / competence and fear

When you hire a Denver criminal defense lawyer, you might think there is an obligation that he will be competent. Well, there is. It's rule #1 of attorney ethics. But it's also a pretty complicated and difficult thing to enforce. First of all, a client hires the lawyer to be an expert. How's the client supposed to know when the lawyer is acting competently or not? The answer is they often don't. Obviously if a lawyer screws up enough, a prosecutor will see it, or a diligent client will finally catch on. But still, some of this stuff is scary.

 In this vein I bring you Brian Rakofsky. Although he's not a Denver criminal defense lawyer (he practices in New Jersey), the story is instructive here. Basically straight out of law school he decided he could handle a murder trial. First chair, without help. The prosecution offered his client five years in prison. He told his client to turn down the offer. He then proceeded to completely screw up the trial, to the point where the judge had no choice but to declare a mistrial. Rakofsky had no idea what he was doing, to the point where he apparently couldn't serve process on witnesses. He was happy about the mistrial, with no regard for the fact that (1) his client was sitting in jail the whole time and (2) he had taken the 5 year offer off the table and his client would not be sentenced to 10 years.

And what did the State Bar of New Jersey do? Nothing, at least yet. He had his licensed suspended for a few months for failing to pay his fees (lawyers are always really concerned about money). But other than that, he'll be free to take more clients assuming he can get them, having had his professional reputation sullied all over the internet. I'd like to say you couldn't say the same thing for Denver criminal defense lawyers, but I'm sure there are some bad eggs out there willing to take your money. So pay attention to your lawyer's experience, and more importantly make sure your lawyer knows what he's doing when it comes down to the actual trial.

1 comment:

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