|
Not Proven
For several weeks in late July the public corruption trial of impeached Illinois Governor Rod Blagojevich has been going on. No matter how the verdict turns out, the defense strategy has been fascinating.
After loudly proclaiming that they would put on a spirited defense and that the former governor would testify in his own behalf, the defense opted not to call a single witness. Their reason, proclaimed in a melodramatic closing argument, came down to the assertion that the prosecution, despite its lengthy and detailed presentation, had not proven its case.
I was reminded of a letter to the editor I had written several years ago to the producer of the Law and Order television series, who implied in a Wall Street Journal column that defense attorneys are willing to commit any act, even lie, in order to acquit their "guilty" clients.
Television shows and movies dating much earlier than Law and Order have perpetuated this stereotype.
What I wrote at the time, and still firmly believe, is that the Constitution of the United States guarantees that all defendants are entitled to a quality defense, not a porous or inadequate defense. Even if the defendant is guilty of the crime charged, he or she is still entitled to quality representation from defense counsel.
The system has safeguards. First, professional rules governing attorneys' conduct prevent them from allowing their clients to commit perjury if/when they know the testimony to be false. Second, defense attorneys normally don't argue the innocence of clients, rather they argue, as in Blagojevich's trial, that the prosecution didn't prove their case.
The O.J. Simpson case is often cited as an example of someone "guilty" literally getting away with murder. The simple fact is that in reaching its decision the jury believed that the prosecution failed to prove its case as charged. Simpson did not testify; he was not required to testify, any more than the former Illinois governor was. The defense for Simpson or Blagojevich did not have to prove their clients' innocence, only that the prosecution failed to prove its case beyond a reasonable doubt.
In any legal proceeding, it is not relevant what the press or public believe. It is not relevant that the defendant has been presented as a "bad" individual (certainly that has been the case with Blagojevich, so far as the late night talk shows have been concerned, for many months). The only relevant issues were those presented in the court of law to the jury by the prosecution and then tested by the cross-examination of the defense attorneys.
A verdict of "not guilty" can be equivalent to one of "not proven." That is the safeguard afforded by our Constitution, one that we need to preserve because it is one that benefits all of us.
|
|
Following the worst economic crisis since the Great
Depression, and facing a sea change in clients' demands
and expectations, law firms must respond and adapt
quickly and effectively. Law firms must choose the kind of
law practice they will be; the marketing and business
development tactics they will use; the overhead that is
critical to their functioning; how to price, bill and collect
for services; and how to manage the cash flow cycle.
Success lies in identifying and capturing the right kinds of
clients, providing the services those clients need in ways
that add value, and ensuring prompt payment and the
ability to grow profits. This book, based on the
experiences of Ed and his clients over 20 years of
coaching and consulting, provides the keys to
successfully thriving in the new era.
Now Available
Special New Release Price: $79
Regular Price: $120
Call or Order Online at:
1-800-837-5880
www.lawbiz.com
|
|
|
|
Personal Commentary
Join me at LawBiz® Forum. Let's talk about the challenges that face us in the practice of law. The Forum is unique in that we are truly a national community, not bogged down by an electronic water cooler.
While a cooler has a place, it is not when and where you're looking for practical answers to immediate challenges. Our Forum community continues to grow. We are here for you. Join us now!
Best wishes,
Ed Poll
lawbiz.com
lawbizblog.com
www.LawBizForum.com
800-837-5880
Please use the URL below to link to this issue:
www.lawbiz.com/nlimages/tip-8-17-10.html
|
|
What Readers Are Saying...
"No matter how you slice it, there is
no substitute for wisdom and
experience. Ed Poll has
demonstrated both in this eyeopening
book about the essential
elements of running a profitable law
practice. He provides practical
wisdom along with simple ways to
adopt and incorporate best practices
for each. After explaining the pros
and cons of every decision, he makes
recommendations and provides
useful guides disguised as key
principles. Buy the book so you too
can access Ed's wisdom and
experience. It's worth much more
than the investment."
STEWART L. LEVINE. ESQ.,
FOUNDER, RESOLUTIONWORKS
AUTHOR, GETTING TO RESOLUTION;
THE BOOK OF AGREEMENT AND
COLLABORATION 2.0
|
|
|
