Idaho Criminal Defense Blog : Boise Idaho Criminal Lawyer & Attorney : Chuck Peterson Law Firm : Civil Rights, Trial, Felonies, Assaut, DUI : Boise, Idaho Falls, Pocatello, Idaho

When it started - the practice of lawyers getting the names of prospective clients from the arrest records at the jail - I wondered if "fishing for clients" would last. Would it produce the attorney-client relationship that we had learned about in law school? Would a handful of "advertisements" from Boise lawyers direct mailed to potential criminal defense clients serve to educate the public about their rights when facing criminal charges? Would potential clients react to the mailings and "make that call now" to protect their rights?

It has lasted and some of the lawyers soliciting clients by mail have made money. But are their clients really well served?

One of my clients recently sent me a list of the fifteen lawyers who had sent him their direct mail solicitations. When I looked at the letters they all looked alike. They focused on fear - "act now to preserve your legal rights!" They offered "free consultations" and promised that the lawyer who would meet with the potential client was "aggressive, experienced and affordable."

A couple years ago I wrote about the Five Questions You Need To Ask Any Lawyer Before You Sign The Retainer. If you have been arrested and are thinking of hiring a lawyer, please read the "Five Questions" first, even before you pick up the phone and call one of our direct mail brothers to "protect your rights." 

You're not buying windows. 

You're hiring an advocate.

Breathe deep and take a minute to get the truth before you sign.

And take those 10 to 20 direct mail lawyer solicitations and put them aside until you have processed the "Five Questions." 

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 If you happened to be on the planet Earth yesterday, you could not have missed hearing about the iPad2. "Thinner. Lighter. Faster." Steve Jobs is the master communicator and you can learn something here about your case if you are a lawyer or a client. Those words tell his story - "this thing is amazing!" Steve's choice of words can help us all be better in front of a jury.  Here is my take-away as I am preparing for a month long trial that starts a month from now. 

First - every story needs a simple "punch line" that is memorable and hits the heart. Remember Johnny Cochran in the OJ trial: "If the glove won't fit, you must acquit." They did. That line was so memorable that jurors later said it summarized the entire case. Work on this part of the case and come up with a memorable theme statement.

Second - use simple words. I sometimes have clients who want to talk about "the party of the first part," or who tell me an issue is "mute." I love that one - and it isn't just clients who don't get the "moot" or "mute" point. Steve Jobs delivers great messages with simple, real words. No jargon. We lawyers really do not get this point. Our audience (jurors) are used to hearing real words, not law words. So whether you are a lawyer or a client, keep the words real.

Third - get off your seat and practice, practice, practice. Jobs looks like a natural but those around him tell another story. That one hour presentation likely took twenty hours of practice. The problem here for most lawyers is that our clients do not want to spend money for us to practice. Given my choices, I would rather practice and get it right because usually, my client's liberty and money is on the line.  Do not shortcut your case prep here!

So there we have it. "Thinner. Lighter. Faster." Not me after this week of vacation on my favorite beach. But what a great tag-line for the iPad2. And since I think the iPad is a great trial tool, the iPad2 is soon to join me in a courtroom near you. More on using Apple technology in trial in a later post. 

Have you been preparing your story for trial? Got a killer theme and tag-line? Work it and get ready for trial!

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 Just why do I blog? The real point of this is to start a conversation between you the reader and me the blogger. I read a lot of blogs as part of being a blogging trial lawyer. My favorites currently are blogs about blogging and blogs about bicycles and blogs about photography. And again I am off topic. 

But my point is this: this blog is intended to provide information and engage you as a reader in a conversation about the law and legal problems and possible solutions.

And then there is that other part - it's also about trying to convert the reader into the client. 

I admit it. 

To do that, the marketing and blogging gurus talk about a "call to action." That is the hook to get the other person involved. Since what I "sell" is advice, my call to action is the way to get us talking. Ideally, the "call to action" is front and center on your site. Like those commercials that remind us "operators are standing by" and just waiting for your call. But lawyering is a little more subtle, at least it is for me. 

So if you want to be part of this conversation, you can find my "call to action" at the tab above marked "Contact." I am interested in your case and would like to talk about it. No charge. Just a little conversation and occasionally (if it is really a great case), a little arm twisting.

What did you expect? I am a lawyer.

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 I am a huge fan of 37 Signals and their product line of mind-freeing, software-killing, reality-driven SOLUTIONS. There, I said it - SOLUTIONS. As lawyers, we tend to only see problems. Problems are meant to be solved, not lawyered, and sometimes we simply forget the value in achieving something. Recently I had a case in which my client was charged with a very serious crime. The certain outcome - at least it seemed so to me - was the end of his useful life. He would spend most of it in prison if the law had its way. And when prison has its way, well, nobody ever rehabs in prison, they just do time.

But somehow I was dealing with a prosecutor who had a different view of life. She thought the life we were about to grind up could be saved. That was what she decided to do. Recognizing that the law is sometimes an "ass" she came up with a SOLUTION. The kid's life will not end and he will pay a price but he will have a real chance, because we were able to look past the expected resolution and move toward something different. A solution.

I have been looking forward to 37 Signals' founders Fried and Hansson's new book - REWORK. Like that prosecutor, they have a way of coming up with stuff that is better. Stuff that works - or as they say - Reworks. We have used their Basecamp product for years, to keep clients better informed about their cases and in the loop at all hours of the day. Better than email - the messages function in Basecamp insures that your concern will get to me and my response will get back to you with the least grief possible. If you are a lawyer go check out Basecamp and think how easy life can be for you and that client. And you can post documents to the client's project for review without the grief of sending a fax or the worry of lost emails.  No $6 faxes needed! 

REWORK is full of great advice for all of us. Consider just this one take from the book on the truth about planning. It is guessing.

When you turn guesses into plans, you enter a danger zone. Plans let the past drive the future. They put blinders on you. “This is where we’re going because, well, that’s where we said we were going.” And that’s the problem: Plans are inconsistent with improvisation.
And you have to be able to improvise. You have to be able to pick up opportunities that come along. Sometimes you need to say, “We’re going in a new direction because that’s what makes sense today.”

We spend lots of time "planning" for trial when often it is the improvisation that settles, wins, and solves cases. I am not suggesting that we shouldn't plan for trial, but the truth is our best plans will likely leave us empty when we actually get to trial and the witnesses start testifying. The stuff you plan for may happen, but it is the understanding of the case - its facts and the law governing the facts - that will allow improvisation and solutions. The testimony you did not expect is the testimony that will sink your client's ship. 

Make some time and read REWORK. We can learn to underdo the competition, ditch meaningless meetings and stop working so hard.

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 That's right - a six dollar fax. No fries or coke. "Just the fax, Ma'am." Are you kidding me?!

So I got this bill from a lawyer to whom I had referred some work and he billed me $6 for a fax. Actually it was $18 for three faxes. Really? What long distance carrier does he have that charges by the fax? And explain to me why any lawyer who charges say $200 per hour also jabs at clients for a $6 fax. 

New rules in the office today. Our clients are our friends. They are our life blood. We will not nickel and dime them to death for copies, faxes, paper clips and staples! And I will choose more carefully the lawyers to whom I send business. It is not an answer that I can charge the client. The client deserves better. 

At least I feel better with that off my chest!

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 Just forgot to include this site and interview that was posted about me and this blog.  Go here.

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J Taylor writes: "I picked your site because I want a good unbiased answer on referrals and/or help."

Thanks for the vote of confidence J Taylor. Part of the idea behind this site is just that - if we can't handle your case we may be able to point you in the direction you need to find the right lawyer. All of this reminds me of something my Dad once told me - you cannot possibly know all the law! It's true. I do not think any lawyer can really be competent in every area. In our own area of the state there are lawyers who, until recently claimed that they were the leading authorities on everything injury. You know the ads - "bit by a dog, hit by a truck, run over by a speeding drunk driver? You're in luck! Its the litigation lottery and you're our next contestant!" Last night I saw their television advertisement and it turns out that they have expanded into bankruptcy and criminal defense. Criminal defense?! I have never seen any of these lawyers in COURT. You remember COURT don't you? Where real trial lawyers work? Sorry about the rant but this is crazy - lawyer advertising is largely a huge scam. Need a good lawyer for your case? Go back and read my post on the Five Questions You MUST Ask Before Signing That Retainer. And in the mean time, J Taylor - your answer is coming by email.

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It's that time again - when lawyers have to renew their yellow pages advertising. I have joined with my pals over at Gerry Spence's law firm, the Spence Law Firm to change the focus of our advertisement. For years we have advertised our work in Idaho and Wyoming on catastrophic accident and wrongful death cases. If you are cruising down the highway and get into a collision with an eighteen wheeler, you will almost certainly lose. It's that physics thing - weight and speed combine to create a monster of a force that may cut your car in half and seriously injure you and your passengers - if you have any luck at all. I am lucky indeed to combine with the great lawyers there on trucking and other accident or wrongful death cases.  So here is the new ad - before it appears in the yellow pages. Hopefully it conveys the message that we all need to slow down, avoid accidents and their tragic consequences.

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