Beating the Lawyer, Part 1

Mark Bennett invites comment at Defending People on the ways in which potential clients seek to take advantage of a lawyer in their moment of need, only to try to beat them out of a fee after the adrenalin rush is gone.  So, here’s a story of mine.

A client of mine called to tell me the police were at his partner’s door (6:30 am, naturally) for the take down.  The partner was holed up with his family.  What to do?  Other than the routine (say nothing, tell ’em you want to speak with your lawyer), I was conflicted.  Foolishly, the cops had no warrant and the partner was smart enough not to open the door.


The fellow lived mere blocks away from a very fine lawyer friend of mine, who would get out of bed for me and jump right in.  After confirming that he would be paid by the partner, I called my buddy and he defused the situation, precluded questioning and went on to represent the partner at arraignment later that day.  At arraignment, he was able to have the case dismissed for insufficiency of the accusatory instrument. 

My lawyer buddy was handed a check by the wife at arraignment, which bounced high and hard.  He asked his client why, and the fellow responded that he didn’t do anything.

I spoke with my client about how I brought my lawyer buddy into this mess in the wee hours of the morning based upon his assurance that he would be paid.  After the usual hemming and hawing, the bottom line was that my client refused to take responsibility for his partner, who my client now referred to as a low-life skel.

I ended up eating a good portion of my buddy’s fee, since he acted at my request.  Regardless of how big a jerk my client and his partner turned out to be, someone had to be responsible and that turned out to be me.


But there is a moral to this story.  My client was later re-arrested in another case (actually a series of cases), and sought my representation.  I told him that before I would consider taking his case, we had some old business to clear up.  And so we did.  Then he had to take care of the new case. And so he did. 


And then there was suddenly yet another new case, this time involving both my client and his partner, both of whom needed separate representation.  I love repeat business.  Not only were past indignities addressed, but my lawyer buddy was shown an act of contrition by the partner, who miraculously realized that the game he had played by beating a lawyer out of a fee was about to be a very expensive game indeed. 


And what of me?  Well, my lawyer buddy was so appreciative of the fact that I stood behind him that he referred a very significant case to me that resulted in about a year’s worth of revenues. 


I believe in karma.  And I believe in doing the right thing, even if you think you can do the wrong thing and get away with it.  The favor bank doesn’t always work as well as it’s supposed to, but I wouldn’t do it any other way.


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3 thoughts on “Beating the Lawyer, Part 1

  1. Simple Justice

    Beating the Lawyer, Part 2

    Last week, following Mark Bennett’s lead, I wrote about the emergency phone calls from potential clients, who then go off the low-rent lawyers after having survived their emergency on the cuff. That’s how some folks try to beat the lawyer on the front end. Today, we talk about the back end efforts.

    To preface this post, this is not about Gideon (the case, not the guy from A Public Defender), or pro or low bono, which is a function of attorney choice, not the unilateral fiat of the client. The private criminal defense bar is comprised of …

  2. Simple Justice

    Beating the Lawyer, Part 2

    Last week, following Mark Bennett’s lead, I wrote about the emergency phone calls from potential clients, who then go off the low-rent lawyers after having survived their emergency on the cuff. That’s how some folks try to beat the lawyer on the front end. Today, we talk about the back end efforts.

    To preface this post, this is not about Gideon (the case, not the guy from A Public Defender), or pro or low bono, which is a function of attorney choice, not the unilateral fiat of the client. The private criminal defense bar is comprised of …

  3. Simple Justice

    Beating the Lawyer, Part 2

    Last week, following Mark Bennett’s lead, I wrote about the emergency phone calls from potential clients, who then go off the low-rent lawyers after having survived their emergency on the cuff. That’s how some folks try to beat the lawyer on the front end. Today, we talk about the back end efforts.

    To preface this post, this is not about Gideon (the case, not the guy from A Public Defender), or pro or low bono, which is a function of attorney choice, not the unilateral fiat of the client. The private criminal defense bar is comprised of …

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