The first visit with an incarcerated client creates a first impression that sets the tone for the case and our working relationship. After a lot of trial and error, I’ve come to realize there are some critical aspects of that first visit that can really make or break the relationship with the client and the experience we have as the case progresses.
1. I arrive prepared.
It’s so important to arrive at the appointment with a good understanding of the allegations in the probable cause affidavit, the charges and sentencing ranges. I’m aware that any information I have about the client before meeting them can influence my perspective of them. I have to be willing to face that challenge and let the client be a real person with nuance and not just the data I already know on them.
2. I recognize the client’s vulnerability.
Especially in the world of public defense, clients can feel that they’re “stuck with you” since they don’t get to pick their court appointed attorney. Because of that, they can be dismissive or hostile. This adverse reaction is usually a symptom of a greater feeling of fear. They’re incarcerated and they’re at the mercy of the system in a lot of ways. I take extra time in these initial meetings to allow for those anxieties and concerns to be addressed. Sometimes a client immediately wants to dive into the case, but a lot of the time, they want to talk about the weather, or my background, or the judge. I follow their lead and get them talking so we can start to establish rapport. By being open minded, I allow them to open up.
3. I go over the basic procedure.
We discuss sentencing ranges, criminal history, pending cases, holds, bonds, and parole, and I always make a note that we’ve talked about it. Clients are often overwhelmed at this first meeting and forget this important information. So I make it very clear at the first visit that we’re discussing those things. My knowledge and preparation help demonstrate my skill in representing the client and helps them to trust me.
4. I follow the client’s desire.
Many clients feel "railroaded" by the system and sometimes by their attorneys. At our first meeting, I make clear that my role is to advise them about their legal options, but not to make a final choice. In terms of how we pursue the case, if they want to fight the case, I fight the case. If they want to take a deal, I get them the best deal I can. It helps me to remember that I’m representing the client, not a file and case number, and that they have the final say – it’s their life on the line, not mine!
In short – I use the initial jail visit as an opportunity to lay a solid foundation for the entire client relationship. I see each client as an individual, so much more than just their charges and criminal history.
Having trust is going to set up the case for the highest likelihood of success - fewer surprises, and a clear game plan for moving forward helps the client handle a difficult situation, and helps me do my job. It takes more work on the front end, but it pays dividends for the person I am representing.
However, even though I am going to do everything I can to create rapport, it doesn’t always happen, and I have to be okay with that. Clients can remain hostile or evasive and it’s still my legal and ethical obligation to zealously represent them. It is easier to work for some clients over others, but the relationship I have with a client doesn’t change the legal work I have to do. At the end of the day, it is my privilege to stand next to the client and tell their story.
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