Every now and then a client will not follow their attorneys advice in a criminal case and elect to move forward with a jury trial.
Here is the typical scenario where this occurs.
Client is charged with a crime, which they do not believe they are guilty of.
However the evidence is overwhelming against the defendant, and there is not a good chance of prevailing at trial.
So the attorney does a great job and is able to convince the Prosecution to offer a favorable plea deal.
Typically a reduction in charges, or significantly less jail and fines.
Whatever gets worked out.
The Attorney then sits down with the client and explains to them the plea deal.
Explains to them the evidence that is against them.
And tells them in their opinion they should take the plea deal due to the amount of overwhelming evidence.
Client says no and insists on moving forward with the trial.
Now just so we are clear the client has every right to want a jury trial.
I mean it is their constitutional right, and that decision cannot be made by the attorney.
But when the attorney knows the client is not making a good decision, and there is a chance they could end up worse off if they are convicted.
That attorney needs to protect themselves and their practice.
Why do they need to protect themselves you ask.
Well I have a seen a few attorneys in my day get thrown under the bus by their clients after they are convicted at trial.
Usually it involves the client hiring a new attorney, and asking the court for a new trial because the previous attorney didn't relay to them an offer made by the prosecution which they say they would have accepted it.
Or the client will say the attorney didn't properly advise them of their chances at trial and misled them into thinking they had a better chance than they actually did.
So what do you do as an attorney to prevent this happening.
Well its very simple.
Have the client sign a document where the attorney clearly outlines the offered plea deal from the Prosecution.
Explain that it is the attorneys advice the client take this deal.
Then write the client has rejected this offer and has instead elected to move forward with the trial.
Once the client has signed the letter give them a copy and keep when in your file.
To avoid any issues about trust or not fighting, what I usually explain to the client is I document all plea deals offered by the Prosecution just in case there is any confusion later on.
Sometimes its easier for people to understand what the proposed deal is if they can see it on paper.