What advantages/disadvantages if the attorney knows the judge and prosecutor very well?

[ljCharlie]

When hiring a criminal defense lawyer, what are the advantages or disadvantages if any if the attorney or law firm knows the judge and/or prosecutor very well?

 

[Zigner]

What US state?

 

[ljCharlie]

WI

 

[quincy]

WI

Some advantages to hiring a criminal defense attorney who knows the judge and prosecutor well are that the defense attorney will know the personalities and quirks of the prosecutor and judge, and how the court operates, and what concessions the prosecutor might be willing to give a defendant in a plea agreement, and how the judge is apt to rule.

A disadvantage is that they may not like each other all that much.

Why?

 

[ljCharlie]

Playing the skeptic here, if they know each other very well, could they be colluding for plea deal to make quick bucks on the client? Or perhaps not even colluding but since the defense knows the prosecutor and/or judge very well, he could just make a simple plea deal that he new the prosecutor and/or judge would take it. Since the non-refundable fee is already paid upfront, the defense lawyer is guaranteed to have his cake already regardless of the result of the case.

 

[HighwayMan]

If you're convinced that your attorney and prosecutor are doing illegal things you should probably hire another attorney.

 

[not2cleverRed]

Playing the skeptic here, if they know each other very well, could they be colluding for plea deal to make quick bucks on the client? Or perhaps not even colluding but since the defense knows the prosecutor and/or judge very well, he could just make a simple plea deal that he new the prosecutor and/or judge would take it. Since the non-refundable fee is already paid upfront, the defense lawyer is guaranteed to have his cake already regardless of the result of the case.

Which can also work to the defendant's advantage, rather than the cost of going to trial, and maybe being found guilty of something worse, with a higher penalty.

 

[quincy]

Playing the skeptic here, if they know each other very well, could they be colluding for plea deal to make quick bucks on the client? Or perhaps not even colluding but since the defense knows the prosecutor and/or judge very well, he could just make a simple plea deal that he new the prosecutor and/or judge would take it. Since the non-refundable fee is already paid upfront, the defense lawyer is guaranteed to have his cake already regardless of the result of the case.

Is the non refundable fee spelled out clearly in the attorney-client contract? Most unearned fees are refundable. Very few states permit non refundable attorney fees.

There generally will be no "back door" deals. The attorney represents the client and his best interests and any plea agreement must be approved by the client. The client always has the option of taking his case to trial and having a jury decide his fate,

The attorney risks his license if he plays games with his client's rights.

 

[ljCharlie]

True, it's highly unethical and illegal but cases like Karen McDougal's lawyer perhaps working against her. That is why I'm curious how often it happened that was not reported in the media or not known to the client.

I'm not sure how "unearned fees" are determined or define when hiring a lawyer. And while the client has the right to take his case to trial or different lawyer, paying $6,000-$10,000 upfront plus travel and other fees, it's getting quite expensive. So taking the case to another lawyer may not be an option...or perhaps being pressure or persuade by the lawyer to a plea deal that is not favorable to the client.

 

[Just Blue]

True, it's highly unethical and illegal but cases like Karen McDougal's lawyer perhaps working against her. That is why I'm curious how often it happened that was not reported in the media or not known to the client.

I'm not sure how "unearned fees" are determined or define when hiring a lawyer. And while the client has the right to take his case to trial or different lawyer, paying $6,000-$10,000 upfront plus travel and other fees, it's getting quite expensive. So taking the case to another lawyer may not be an option...or perhaps being pressure or persuade by the lawyer to a plea deal that is not favorable to the client.

Do you personally have a criminal issues and are concerned about your attorneys representation? Or is this just curious inquiry?

 

[quincy]

True, it's highly unethical and illegal but cases like Karen McDougal's lawyer perhaps working against her. That is why I'm curious how often it happened that was not reported in the media or not known to the client.

I'm not sure how "unearned fees" are determined or define when hiring a lawyer. And while the client has the right to take his case to trial or different lawyer, paying $6,000-$10,000 upfront plus travel and other fees, it's getting quite expensive. So taking the case to another lawyer may not be an option...or perhaps being pressure or persuade by the lawyer to a plea deal that is not favorable to the client.

You can always hire another attorney. You just have to pay your first attorney for work already done.

Here is a link on Wisconsin attorney fees (see page 16 for information on nonrefundable fees):
https://www.wicourts.gov/services/attorney/docs/trustlegalfees.pdf

 

[ljCharlie]

Than

Do you personally have a criminal issues and are concerned about your attorneys representation? Or is this just curious inquiry?

I have a friend who is about to hire an attorney and these some his concerns/curiosity.

 

[quincy]

Than

I have a friend who is about to hire an attorney and these some his concerns/curiosity.

The relationship the attorney has with the prosecutor and judge should not be a major concern.

Your friend should focus on the attorney's experience and skill - and he should know that the most expensive lawyer is not necessarily the best attorney.

He should interview several lawyers before deciding on one.

 

[ljCharlie]

Thank you for the responses and advise!

 

[quincy]

You're welcome, ljCharlie. We all appreciate the thanks.