Monday, July 6, 2009

The Life of an Attorney

So I've had several facebook updates regarding the distaste in my mouth from the mentioning of the word "Essence" this weekend. References to Bourbon Street, Port-of-Call, Hand Grenades, Po-Boys, LePhare, NV, Metro, Beignets, and anything New Orleans caused me to regurgitate in my mouth. While everyone was enjoying one of the greatest tourist destinations of the world, I was stuck in Texas, preparing for a trial that wouldn't happen. From May 29th, I watched a dreaded day in court turn into a winnable endeavor. I had got with my partner and went over the case top to bottom working out our strategy and excited about the fact that we would get our first felony trial to jury before we had been practicing for a year, and might be able to win.

We arrived in court and asked the coordinator where we were on the trial docket, where she in turn told us to approach the judge to find out. The judge was unable to garner a response and had the state also approach at which time we learned that our opposing counsel was out on a family emergency, but that somebody else could potentially be found or if not the ADA at the bench with us, would be our opposing counsel today. Great, she doesn't know much about the case, none of the witnesses the state intended to call were subpoenaed, so there was no way we could lose. However, in an attempt not to piss off the judge, appear as gentlemen, and knowing that the case would probably carry over, we told the judge that defense counsel was ready, but due to the unforseen circumstances, we would not object to the court carrying over this cause. The judge asked if the state had offered anything to which the ADA replied 2 years TDC and her honor then instructs us to inform our client of the offer.

Our client then shoots down the offer, and we reapproach to inform the judge. The judge then asks for the facts of the case to which we respond, basically giving our trial issues and contentions. She then asks if our client would be open to a PSI with no agreed recommendation and although the client had denied it a month before we still had to tell her of the offer ethically. When informed of this deal and the consequences of it, our client jumps on the offer like a hungry dog at a steak hanging off the grill. THE STATE OF TEXAS BAMBOOZED OUR CLIENT OUT OF TRIAL WITH THE HELP OF A JUDGE BECAUSE THEY WERE NOT READY! I can't believe this and I am so pissed off now...*sigh* the life of an attorney!

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