Continuing its quest to unearth all the bottom-feeding lawyers who are selling their wares by denigrating public defenders,  Arbitrary and Capricious brings us a series of three TV commercials by criminal defense lawyers, here,  here and here.  As much as I’d love to snag the commercials, Skelly did the heavy lifting, so you’ve got to see them there.

But here’s my reason for posting (aside from the fact that it’s very funny).  Why?  Why must private lawyers sell themselves by putting down PDs?  I understand that many defendants who can well afford counsel elect to be represented by the public defender because it’s free, and that this means they aren’t retaining lawyers.  But the solution isn’t to attack public defenders.  It’s not their fault that clients aren’t coming your way.  This is the legal market today, and has been the case for some years now following the widespread sense that there’s no reason to throw good money into criminal defense lawyers when nobody can win anyway.

This is your issue.  The private criminal defense bar needs to address the mistaken perception that having a competent lawyer makes no difference.  And the first place to start is within the bar itself, since the bottom-feeders, the ones who take $1000 felonies and haven’t tried a case in 10 years, if ever, have created and maintained the public perception that they are a waste of money.  Indeed, these lawyers are a waste of money.  Yes, that’s a problem.

PDs don’t get paid extra for “stealing” your potential clients.  I’m sure they would all love to have their caseloads cut in half, to be able to limit their focus and efforts on those defendants for whom their services are intended rather than be forced to spread themselves thin.  I bet they would like to go home at a reasonable hour and have dinner with their kids.  And no doubt they would appreciate a little appreciation from their clients for a job well done.  But here, we have private criminal defense lawyers putting commercials on TV reinforcing the notion that PDs are “well-intended” wastrels who are so overwhelmed that they’re lucky to remember your name.  Come on, why are you doing this to them?

I’m being serious here, so pay attention.  The market for the garden-variety private criminal defense lawyer is shrinking, and has been for some years now.  Lawyers are getting desperate for business.  Lawyers are taking cases for peanuts, and delivering garbage representation.  Young lawyers are getting into criminal defense when they lack the competency to do so, and are driving fees lower and lower.  This is the private criminal defense market today, and this is what it’s going to be for the foreseeable future.  If you can’t survive, do real estate closing.  But don’t diminish the efforts of others to promote yourself.  Show a little dignity.

Criminal defense lawyers are becoming their own worst enemy.  This must change.  While Skelly may have decided to find this amusing rather than disgraceful, I don’t.  This isn’t funny.  Start behaving like a professional.