Always Think Client Control

Whenever you are going to try a criminal case, you have to always be aware of what your clients are doing in the courtroom, and presentation to their potential audience, which is the jury.

This actually happened to a friend of mine and his law partner, who went on to later become aMississippi Supreme Court judge. They were defending three men accused of robbery. This was in a rural Mississippi County and they and their clients arrived early to do all the last-minute preparations, motions, etc. that always go on in these things. In any event, the three clients were seated out in the main room of the courthouse. This was also where the jury pool was to be seated so the jury could be chosen.

Unfortunately these three geniuses were left to their own devices. As the bailiff was seating the jury pool, which is the group people for whom the12 jurors will be chosen, he was moving them all to one side of the courtroom. When he came upon our three entrepreneurs he asked them "Are you jurors?" To which the brightest of the group replied, "No sir, we're the thieves."

Needless to say, this did away with any pretense of a presumption of innocence, since every single person who would be voting on the guilt or innocence of these three accused heard the declaration of this individual. A plea-bargain was quickly worked out.

What do we learn from this? Always be aware of where your clients are, and who is talking to them. They should be seated near you, or with someone on your team. They should be instructed to speak to no one without getting permission from you first. Furthermore, they should be told about the general procedures, such as there will bailiff in this room sorting out people called for jury duty. Smile and be polite, but do not talk to him or anyone else without getting permission from your lawyer.