Via Turley, it’s reported that seven lawyers put their lives on the line to defend to defend Iranians who were detained in the post-presidential election. They lost.
Sources say that the bodies of the lawyers were returned to their families by the government. After the lawyers began representing the protesters, they were themselves accused of disrupting security and encouraging unethical actions against the regime. Five were sentenced to three years each in jail and three died for injuries suffered during their incarceration. Families said that they were beaten so badly that they could not be recognized.General George Patten’s admonition comes to mind, that the object isn’t to die for your country, but make the other poor bastard die for his. Thankfully, few of us face the possibility of death for doing what we do. But how many amongst us would readily be the next Atticus Finch?
Two of the lawyers were executed after being sentenced to death for drug possession — charges that the families insist were manufactured to secure their death sentences.
One of the continuing themes here is that competence, ethics and dedication have given way to the overarching concern for making money. The only passion seen from many is when their bread and butter is threatened by nasty old Greenfield, with his old school ideas about putting clients first, telling the truth even when it’s unpleasant and suffering for one’s profession when appropriate.
While I’ve yet to advocate that any American criminal defense lawyer lay down his life for his profession, and doubt that I ever will (or would do so myself), the fact that lawyers elsewhere have done so, have taken risks far beyond anything we can imagine being asked of us here, leaves me feeling unworthy. Seven Iranian lawyers felt strongly enough to defy their government and defend their clients, with the appreciation of what it meant to defy their government. They faced death to do the right thing. And here, we worry about fees, or worse still, work/life balance. If criminal defense lawyers find it unduly onerous to show up for court when it’s inconvenient, what are the chances they will take a risk, any risk, to serve their clients?
Even within our profession, ignorance persists. Just yesterday, a cruise ship personal injury lawyer’s means of trying to smear me was to accuse me of defending criminals. Guilty. But this buffoon’s knee-jerk reaction (which he subsequently deleted after realizing what a blithering ass he was) reflects the ignorance amongst lawyers as to what we’re here to do. Not only is there little support within the profession for our taking a personal risk by defending the unpopular, but we’re seen as pariahs for doing our job at all by those who think Nancy Grace is an intellectual. Greed, pompousness and self-promotion they understand. Competence, duty and dedication to the client, the law and the Constitution are foreign. They wouldn’t risk their lives for anything. They wouldn’t risk a dime.
There isn’t much likelihood that any American criminal defense lawyer will be asked to put his life on the line like the seven Iranian lawyers. We may die from stress, obesity, alcoholism or get hit by a bus, but not from defending our clients. But if you’re so weak-kneed that you’re unwilling to take a chance, to put yourself at the slightest personal risk, to defend an unpopular defendant, then compare yourself to these seven Iranian lawyers who lost it all in the defense of their clients. So little is expected of you in comparison that its the least you can do.
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Amen. And though what you write applies to the entire legal profession (and medicine, and auto mechanics, too, I should add), it should have special resonance for criminal defense lawyers. Nobody is forced to take up criminal defense. It’s a career choice, involuntary for some of us only in the sense of any vocation. We are what we are.
If getting along with the prosecutors and judges and not making waves is the goal, this isn’t your field. Nor is it for you if the goal is to have as many cases as possible and still make it home (or to the bar) by 4 p.m.
I don’t know what it is like needing a criminal defense attorney to stand in my corner. I had at least a strong taste however, of the need for a fiercely dedicated advocate during a roughly seven-year legal battle and two separate suits against my former employer and various administrators within; most of which occurred while I still worked there. It was something which made me hugely unpopular – police don’t like it when they get sued by one of their own.
I know there can be many reasons attorneys might decline to take a case. I got the sense, at least partly, the reason so many attorneys declined mine was a lack of fortitude in the face of a daunting challenge.
After so often hearing, “Sorry, we can’t help you,” I was, and still am, grateful for the undeserved Divine intervention (at least that’s how I look at it) which eventually provided a tenacious and dedicated attorney to fight for me against a Goliath government agency along with all of it’s odious and irritating foot soldiers.
Along with the lead attorney who stayed with me for that multi-year struggle there were several other co-counsels over time who were equally zealous and committed to my best interests. I think I got more than my fair share of prizefighters.
Even though actual life and death was not at stake, the attorneys assisting me risked harassment from disgruntled law enforcement officers. Some of the attorneys helping me also did criminal defense in addition to the constitutional/employment issue on my behalf which did not endear them to any of my co-workers. My lead attorney in particular, because she was a vigorous advocate, was often a target of the local prosecutor – himself a model of misconduct.
I am very grateful for the assistance I received. I felt like I was drowning and my attorneys were the only ones throwing me a life-preserver in-between all the anvils from my employer. My fight, though not what the seven Iranian attorneys faced, was anything but a piece of cake. On top of that, we won both suits. I am told that is rare given the circumstances I faced.
Scott, thank you so much for this post. May they rest in peace and be remembered for their courage.