Patrick J Ducharme

Uncovering all the facts requires more than meetings with your own client and the client’s witnesses. Complete disclosure is paramount, although the issue of what can or should be disclosed in any given case is by no means uncontroversial.

Continue reading “Discovering the Case: Be Thorough, Be Relentless”

So far as practicable, you should try to provide the same sort of empathy and support to the witnesses who may be called in support of your client. They too feel vulnerable when they deal with lawyers. Who doesn’t? But witnesses feel more than usually threatened. Except for the fear of punishment that the accused alone may face, witnesses consider that they are very nearly in the same position as the accused. They are unfamiliar with and usually frightened of the trial process, so they are reluctant to be involved. They need to be made to feel that the lawyer has taken into account their interest as well as those of the accused. They must come to see that the lawyer representing the accused is competent to handle the trial and to present them before the court without causing them humiliation or terror. Continue reading “Meeting the Client’s Witnesses: Be Patient, Be Supportive”

A common complaint against criminal trial lawyers is that, at bottom, they tend to show little empathy for their clients. We are said to show more concern for ourselves, and our fee, than for the person who, after all, stand accused of a crime and face the daunting power and authority of the police and prosecution. It may be true: the longer the lawyer toils away at this business, the greater the possibility that the lawyer will be insensitive to the particular plight of the individual charged. Continue reading “Meeting the Client: Be Interested, Stay Interested”

The work of a trial lawyer is uniquely difficult. Every line of work has its difficulties, each requires developing certain skills. Most businesses require persuading others about the merit of a product or a service. But trial lawyers have a much higher bar to reach, as Judges are no ordinary people. They are highly educated, experienced and perceptive. And for jury trials, your arguments will need to be understood and accepted by twelve (or fourteen) people at once. You will need to prepare for this task like you have never prepared before.

Continue reading “In The Beginning There Was Light”