I just saw this video and I loved it.
Something to think about.
Jun 24, 2014
Jun 17, 2014
A Given Responsibility
I can't stop thinking about it.
The other day I had to deal with a difficult case; My client was traveling in the car with his wife, when he suddenly saw a man fall off his motorcycle, 100 meters away, in an intersection. He stopped immediately and then decided to continue with his car, reach closer to him, and stop next to him, to help.
The motorcycle was on the man while his leg stuck under it. My client helped him raise the motorcycle and free his leg.
While so, the man called the police notifying that there was a car accident and that my client hit him. 5 minutes later, the area was full of police and an ambulance took the man. All the police started questioning my client about the accident. He was confused and terrified. All he wanted to do is help, when all of a sudden, he turned into a murderer, or at least, this is how he felt and described it to me.
I invited the client for a talk at the office, with all the papers, to prepare him for his trial. Problem was, all the evidence discriminate him, especially what he said to the investigators at that time; the traffic examiner tried to mislead my client (they always do that to get a confession out of the suspect) He was asked questions like this: "The man said he saw you driving fast getting in the intersection without giving him the priority right to go and so he got scared of you and had to stop and so he fell off the motorcycle, because of you. Could that be true?" and/or like: "According to the skid marks on the road, proves that it was your fault. What do you have to say to this?"
My client thought they know better, because they are professionals, so he followed everything they said; he replied with "yes" and "might be" to almost all the questions. I asked him, why did you say that if it's not true? He said "I don't know. I was confused. Shocked."
In addition to all that, he only had his wife as a witness, which doesn't help much because at court, a family member testimony is not as strong as if it was a neutral witness on the road (because they assume that family members would help each other and might not give the exact right story of what happened, so they prefer a neutral witness that doesn't have any interest in the case), plus, she doesn't speak the language very well.
So my client's situation wasn't working for him. But I wanted to get him out of this so much. Out of the accusation. I believed his innocence.
I practiced him on the hard questions that they might ask him during the hearing. I needed him to talk firmly to the judge. Hesitation will work against him.
I sat for two hours with him. He was afraid.
In cases like these, I have the option, to go for the full trial or negotiate with the prosecution for a plea bargain. (With plea bargain, the client admits being guilty and gets a lighter sentence.)
I had to choose, take the deal or take the risk; If we go on with the trial, he might get to disqualify his driving license for a longer period or on the other hand, get out innocent without disqualification and without penalty.
I chose the deal. I went for a plea bargain. He was charged to disqualify his driving license for four months.
I felt bad for that. I believe he is innocent. He wanted to help. You can see it in his eyes what a good man he is.
I was given a responsibility to make the right choice for my client. I asked him what he thinks and explained the situation to him, but he trusts me more, so the question gets back to me.
I still think about it whether I did the right thing for him or not. It's so hard.
Usually it is easier to decide for the client and advise him, but this time was different.
It's just unfair and not right.
In this case, now, he won't help anymore. He wouldn't dare.
He told me he thought that according to the Law he has to help a person in need and that it is a crime not to do so. But if he helps a man and ends up accused for another crime, makes him never again wanting to help anyone. He said he learned a lesson. To never help again.
I sat with him for long conversations about being a good person, evil world and believing in God who sees everything. I told him to keep doing good because God sees you and you will be rewarded in the after life. This life here is hard and it is a test, don't fall in it. There are bad people out there, but let's not make them make us bad too with them.
After all, I think I am making myself the lawyer I wanted to be. I admit it is hard. I wanted to be a good lawyer, good with litigation and good as a person. I wondered if these two things could go together, and I still wonder. But I know I am trying my best.
With this client, he got out of it thanking me a lot. He actually told me, "the only good thing that I got out of this, is knowing you. Thank you so much."
I promised him to be there for him if he'd need anything in the future; help, advice or even psychological encouragement.
He was happy.
I wasn't complete with myself but I can be now after at least I reassured him and comforted him.
The motorcycle was on the man while his leg stuck under it. My client helped him raise the motorcycle and free his leg.
While so, the man called the police notifying that there was a car accident and that my client hit him. 5 minutes later, the area was full of police and an ambulance took the man. All the police started questioning my client about the accident. He was confused and terrified. All he wanted to do is help, when all of a sudden, he turned into a murderer, or at least, this is how he felt and described it to me.
I invited the client for a talk at the office, with all the papers, to prepare him for his trial. Problem was, all the evidence discriminate him, especially what he said to the investigators at that time; the traffic examiner tried to mislead my client (they always do that to get a confession out of the suspect) He was asked questions like this: "The man said he saw you driving fast getting in the intersection without giving him the priority right to go and so he got scared of you and had to stop and so he fell off the motorcycle, because of you. Could that be true?" and/or like: "According to the skid marks on the road, proves that it was your fault. What do you have to say to this?"
My client thought they know better, because they are professionals, so he followed everything they said; he replied with "yes" and "might be" to almost all the questions. I asked him, why did you say that if it's not true? He said "I don't know. I was confused. Shocked."
In addition to all that, he only had his wife as a witness, which doesn't help much because at court, a family member testimony is not as strong as if it was a neutral witness on the road (because they assume that family members would help each other and might not give the exact right story of what happened, so they prefer a neutral witness that doesn't have any interest in the case), plus, she doesn't speak the language very well.
So my client's situation wasn't working for him. But I wanted to get him out of this so much. Out of the accusation. I believed his innocence.
I practiced him on the hard questions that they might ask him during the hearing. I needed him to talk firmly to the judge. Hesitation will work against him.
I sat for two hours with him. He was afraid.
In cases like these, I have the option, to go for the full trial or negotiate with the prosecution for a plea bargain. (With plea bargain, the client admits being guilty and gets a lighter sentence.)
I had to choose, take the deal or take the risk; If we go on with the trial, he might get to disqualify his driving license for a longer period or on the other hand, get out innocent without disqualification and without penalty.
I chose the deal. I went for a plea bargain. He was charged to disqualify his driving license for four months.
I felt bad for that. I believe he is innocent. He wanted to help. You can see it in his eyes what a good man he is.
I was given a responsibility to make the right choice for my client. I asked him what he thinks and explained the situation to him, but he trusts me more, so the question gets back to me.
I still think about it whether I did the right thing for him or not. It's so hard.
Usually it is easier to decide for the client and advise him, but this time was different.
It's just unfair and not right.
In this case, now, he won't help anymore. He wouldn't dare.
He told me he thought that according to the Law he has to help a person in need and that it is a crime not to do so. But if he helps a man and ends up accused for another crime, makes him never again wanting to help anyone. He said he learned a lesson. To never help again.
I sat with him for long conversations about being a good person, evil world and believing in God who sees everything. I told him to keep doing good because God sees you and you will be rewarded in the after life. This life here is hard and it is a test, don't fall in it. There are bad people out there, but let's not make them make us bad too with them.
After all, I think I am making myself the lawyer I wanted to be. I admit it is hard. I wanted to be a good lawyer, good with litigation and good as a person. I wondered if these two things could go together, and I still wonder. But I know I am trying my best.
With this client, he got out of it thanking me a lot. He actually told me, "the only good thing that I got out of this, is knowing you. Thank you so much."
I promised him to be there for him if he'd need anything in the future; help, advice or even psychological encouragement.
He was happy.
I wasn't complete with myself but I can be now after at least I reassured him and comforted him.
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