For the Defense - Vol. 4, Issue 2 - 42

of the negative influence these well-intended,
loyal friends, associates or other attorneys may
present. To counterbalance these elements, it
is critical to establish yourself as the lead and
primary counsel when it comes to all major and
minor case decisions-e.g., strategy, themes,
negotiations, communications with third parties,
trial preparation, etc.12
In the case of the new attorney entering the
defense team, remember-they are in a position
where they are being paid to offer a different
view, a second opinion, notwithstanding the fact
that they have not lived with the case, the client,
the prosecution or the judge as you have for the
life of the prosecution. In some cases, the "heavy
weight," "Hail Mary" counsel comes in at the very
end of a case when the stakes are highest, and the
client is most scared. Sometimes additional lawyers
bring added value, but, at this phase of the case,
new counsel has not lived, breathed, sweat, or
lost sleep over the case as you have. Often, they
have never appeared before the judge or in
the jurisdiction. Nevertheless, be open-minded.

2019

Two brains are always better than one and fresh
eyes catch things that strained ones may miss.
No matter what, speak your piece and advocate
strongly for what you believe is the best course,
but, at the end of the day, graciously follow
the client's wishes, and, as mentioned above,
document any change in the defense strategy or
defense team in writing to the client.
Thorough explanation and consideration
of all possible collateral consequences is also
important when managing the client's entourage.
In many cases, it is not only the client's liberty and
reputation at stake, but his home, his savings, his
professional licenses, the financial security of his
employees, the welfare of his constituents - all
issues that may be of understandable interest and
concern to the people in the client's personal and
professional circles. Mindful of these collateral
consequences, as much as you must control the
influence of these other "advisors" in the client's
life, you should also not turn a deaf ear to them.
Members of the client's inner circle (excluding the
second removed cousin who practices IP) often

White Collar Practice Seminar

November 21 and 22
PANTONE

The Ritz-Carlton Philadelphia
2955C

7406C

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90/78/39/30

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HEXIDECIMAL

42

For The Defense

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Vol. 4, Issue 2#153A5B

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For the Defense - Vol. 4, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 2

Contents
For the Defense - Vol. 4, Issue 2 - 1
For the Defense - Vol. 4, Issue 2 - 2
For the Defense - Vol. 4, Issue 2 - Contents
For the Defense - Vol. 4, Issue 2 - 4
For the Defense - Vol. 4, Issue 2 - 5
For the Defense - Vol. 4, Issue 2 - 6
For the Defense - Vol. 4, Issue 2 - 7
For the Defense - Vol. 4, Issue 2 - 8
For the Defense - Vol. 4, Issue 2 - 9
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For the Defense - Vol. 4, Issue 2 - 11
For the Defense - Vol. 4, Issue 2 - 12
For the Defense - Vol. 4, Issue 2 - 13
For the Defense - Vol. 4, Issue 2 - 14
For the Defense - Vol. 4, Issue 2 - 15
For the Defense - Vol. 4, Issue 2 - 16
For the Defense - Vol. 4, Issue 2 - 17
For the Defense - Vol. 4, Issue 2 - 18
For the Defense - Vol. 4, Issue 2 - 19
For the Defense - Vol. 4, Issue 2 - 20
For the Defense - Vol. 4, Issue 2 - 21
For the Defense - Vol. 4, Issue 2 - 22
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For the Defense - Vol. 4, Issue 2 - 24
For the Defense - Vol. 4, Issue 2 - 25
For the Defense - Vol. 4, Issue 2 - 26
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For the Defense - Vol. 4, Issue 2 - 28
For the Defense - Vol. 4, Issue 2 - 29
For the Defense - Vol. 4, Issue 2 - 30
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For the Defense - Vol. 4, Issue 2 - 40
For the Defense - Vol. 4, Issue 2 - 41
For the Defense - Vol. 4, Issue 2 - 42
For the Defense - Vol. 4, Issue 2 - 43
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For the Defense - Vol. 4, Issue 2 - 45
For the Defense - Vol. 4, Issue 2 - 46
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