Word to the Wise:

Fortitude is a very important spiritual attribute that one must possess when pursuing justice on behalf of the oppressed.  Fortitude is the strength of mind that enables one to encounter danger or bear pain or adversity with courage. Yet, fortitude without patience and perseverance is futile.

Perseverance is characterized by one's continued effort to do or achieve something despite difficulties, failure, or opposition, even when it takes a long time.  One cannot expect a quick victory when battling against injustice, especially where the perpetrators are private, state, and or federal government actors.  But in the final analysis, patience is key.  Patience is characterized by one's ability to accept delay, suffering, or annoyance without complaining or becoming angry.  Indeed, to be the consummate professional, one must patiently pursue justice.

The uninitiated and neophytes naively believe that successful campaigns are swift.  Adepts understand that the victor is the one that endures until the end.  Before you embark on your next pursuit, be sure to pack an extra dose of patience, perseverance, and fortitude.  And remember, though you may be often tried, you will never be denied, if you're willing to be tried again.  "Therefore, my beloved brethren, be ye steadfast, unmovable, always abounding in the work of the Lord, forasmuch as ye know that your labour is not in vain in the Lord."  I Corinthians 15:58 (KJV). 

 

Word to the Wise:

In legal parlance, it is customary for attorneys to refer to themselves as "criminal defense attorneys" when they focus their practice on representing clients who have been arrested and or charged with a crime.  Even prospective clients unwittingly use the phrase "criminal defense attorney" when searching for an attorney to represent them after they've been arrested.  Unfortunately, this phraseology is self-defeating; and, it subconsciously signals to others, including the prosecutor and the judge, that the arrestee is actually a criminal, guilty from the outset.  

The subconscious misbelief in the arrestee's guilt [on the part of the defense attorney, the prosecutor, and or the judge] ultimately works to undermine the constitutional protections purportedly afforded to the arrestee and it leads to injustice in the following forms: 1) denial of bail or the setting of excessive bail pretrial; 2) denial of access to exculpatory discovery or the withholding of exculpatory and or impeaching discovery by the prosecution; 3) denial of defense counsel's legitimate request(s) for a continuance or more time to prepare for trial; 4) forced or coerced erroneous guilty pleas; and, 5) hurried or unnecessarily rushed judicial proceedings (i.e. jury selection, jury trial, and jury deliberations).       

When a person has been arrested and or charged with a crime, they are merely the accused, not a criminal; and, the attorney representing them is defending the accused, not defending a criminal.  As a matter of law, the person under arrest is innocent until proven guilty; and, defense attorneys should not say or do anything to compromise that favorable presumption in or around the courthouse.  

Words are powerful so use them carefully and artfully throughout the representation of your clients and remember, injustice anywhere is a threat to justice everywhere.   

           

Word to the Wise:

Success in court depends on the "politics" of the case in controversy, not just the facts and law supporting the claims or defenses under consideration.  Generally, if the politics dictate that your clients' arguments should prevail, then they will and vice versa.  This is antithetical to popular notions of the rule of law but it is consistent with the understanding that courts are members of the judicial branch of "government".  

The judicial branch of government is just as susceptible to the influence of "politics" as the legislative and executive branches of government.  According to collinsdictionary.com, the plural noun politics "can be used to talk about the ways that power is shared in an organization and the ways it is affected by personal relationships between people who work together."  

Keep this working definition of politics in your minds eye as you evaluate whether to take on your clients' causes.  Moreover, as you litigate their causes, be aware of the powers and personal relationships that may be adversely affected thereby.  Understanding the political power equation is the key to assessing the time and money it will take to litigate your clients' issues and to managing your clients' expectations throughout the process.

If you're interested in learning more about the political power equation and how to litigate your clients' issues when they are on the wrong side of that equation, please email your questions or concerns to attyrkaii@timefortrial.com.  

   

Word to the Wise:

The chief cornerstone of justice is truth; and, where there is no truth, there can be no justice.  Great attorneys pursue justice, not blind advocacy. 

To be a great attorney, you must find the truth and build your clients' legal claim(s) or defense(s) upon it.  Remember, you must be intellectually genuine as to the facts and the law.  Your failure to do so could be fatal to your cause.            

Word to the Wise:

Words are powerful.  Choose them carefully.  Be clear and concise.  Say what you mean and mean what you say.

Word to the Wise:

Morality and or virtue cannot be taught or learned, it must be the very essence of a human being.

Word to the Wise:

Florida's judicial system is plagued with a lack of intellectual integrity on the part of the bench and bar.  Apathy concerning this issue is overwhelming amongst most members.  Unless this issue is addressed, public confidence in the judicial branch of government will continue to decline and injustice will abound.

RKAII