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Preparation
of your case
Initial Interview
Your initial interview with a lawyer is protected by the attorney-client privilege, even if you never hire the lawyer, and it remains confidential forever. This is to encourage you to tell your lawyer everything about your problem so we can objectively evaluate your case. You do not have to tell us anything at all if you choose not to, but it is not encouraged and bad for your case and, thus, bad for you. Whatever you tell us, however, must be the whole truth. (See How much do you tell your lawyer?)
Discussing the case with others
Be careful whom you discuss your case with. Once you have retained a lawyer, do not discuss the case with anyone except your immediate family. Anything you say to friends or family can be used against you if they later decide to become a snitch against you. It is better to say nothing than to say something that can be misunderstood and used against you in court. I have had it happen to clients before -- just talking to friends can have serious repercussions for the case if they decide to talk to the police and prosecutor. They do not have to become snitches; the prosecutor will make them by subpoenaing them against you.
Discovery and Investigation
Once you have retained us, we obtain a copy of the investigative file when it is available to us. A copy of the investigative file is provided to all clients, except those in jail (because snitches may look at it and make up something about you) or those that the prosecutor requires us to look at in their office and we cannot copy. After you have reviewed the file, we will have to talk to evaluate the case further. Sometimes the investigative file is missing things that should be there. If something is missing from the discovery, we need to know that, too. We sometimes use private investigators and experts to help locate witnesses and prepare cases for trial. This is an expense that you have to pay separate from our fees.
Motions
Some people call the process of obtaining discovery a "motion of discovery." We have to file a motion to get it, but we always get what there is. State prosecutors in Arkansas require a motion be filed, but it is practically unnecessary. Federal prosecutors in the Eastern District of Arkansas are required to turn over discovery without a motion for discovery.
Motions are not filed in all cases. Motions are intended to bring matters to the attention of the trial court that need resolution before trial. If there is nothing that the trial court needs to be warned about or evidence that may be suppressed, then motions may not be filed. We do not believe in filing motions just for the sake of filing motions unless there is a point to be made or an issue preserved for appeal.
In Arkansas, all motions are heard at the "omnibus hearing" which means literally "a hearing to hear everything." Omnibus hearings are set, depending upon the court, from one week to two months before trial. The client's attendance is required at omnibus hearings.
Suppression Motions
I am a nationally recognized expert in the law of search and seizure, and that is reflected in the fees we charge when there is a search and seizure issue. In some cases, the suppression motion can be more important than the trial. What you are paying for is my knowledge and experience. Cases can be won and lost at the suppression motion.
Trial
Trial is the legal process of telling a story to the finder of fact, be it a judge or jury. The trial is supposed to be the process of finding the truth, but the truth seldom is fully heard and found by a jury. All one can hope for is that the defense will make enough headway against the prosecution's case that the finder of fact in the trial, judge or jury, will acquit. (See Trials and making a record, below)
Initial Interview
Your initial interview with a lawyer is protected by the attorney-client privilege, even if you never hire the lawyer, and it remains confidential forever. This is to encourage you to tell your lawyer everything about your problem so we can objectively evaluate your case. You do not have to tell us anything at all if you choose not to, but it is not encouraged and bad for your case and, thus, bad for you. Whatever you tell us, however, must be the whole truth. (See How much do you tell your lawyer?)
Discussing the case with others
Be careful whom you discuss your case with. Once you have retained a lawyer, do not discuss the case with anyone except your immediate family. Anything you say to friends or family can be used against you if they later decide to become a snitch against you. It is better to say nothing than to say something that can be misunderstood and used against you in court. I have had it happen to clients before -- just talking to friends can have serious repercussions for the case if they decide to talk to the police and prosecutor. They do not have to become snitches; the prosecutor will make them by subpoenaing them against you.
Discovery and Investigation
Once you have retained us, we obtain a copy of the investigative file when it is available to us. A copy of the investigative file is provided to all clients, except those in jail (because snitches may look at it and make up something about you) or those that the prosecutor requires us to look at in their office and we cannot copy. After you have reviewed the file, we will have to talk to evaluate the case further. Sometimes the investigative file is missing things that should be there. If something is missing from the discovery, we need to know that, too. We sometimes use private investigators and experts to help locate witnesses and prepare cases for trial. This is an expense that you have to pay separate from our fees.
Motions
Some people call the process of obtaining discovery a "motion of discovery." We have to file a motion to get it, but we always get what there is. State prosecutors in Arkansas require a motion be filed, but it is practically unnecessary. Federal prosecutors in the Eastern District of Arkansas are required to turn over discovery without a motion for discovery.
Motions are not filed in all cases. Motions are intended to bring matters to the attention of the trial court that need resolution before trial. If there is nothing that the trial court needs to be warned about or evidence that may be suppressed, then motions may not be filed. We do not believe in filing motions just for the sake of filing motions unless there is a point to be made or an issue preserved for appeal.
In Arkansas, all motions are heard at the "omnibus hearing" which means literally "a hearing to hear everything." Omnibus hearings are set, depending upon the court, from one week to two months before trial. The client's attendance is required at omnibus hearings.
Suppression Motions
I am a nationally recognized expert in the law of search and seizure, and that is reflected in the fees we charge when there is a search and seizure issue. In some cases, the suppression motion can be more important than the trial. What you are paying for is my knowledge and experience. Cases can be won and lost at the suppression motion.
Trial
Trial is the legal process of telling a story to the finder of fact, be it a judge or jury. The trial is supposed to be the process of finding the truth, but the truth seldom is fully heard and found by a jury. All one can hope for is that the defense will make enough headway against the prosecution's case that the finder of fact in the trial, judge or jury, will acquit. (See Trials and making a record, below)
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