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Full-Text Articles in Law
"I Ain't Takin' No Plea": The Challenges In Counseling Young People Facing Serious Time, Abbe Smith
"I Ain't Takin' No Plea": The Challenges In Counseling Young People Facing Serious Time, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Criminal defendants daily entrust their liberty to the skill of their lawyers. The consequences of the lawyer’s decisions fall squarely upon the defendant. There is nothing untoward in this circumstance. To the contrary, the lawyer as the defendant’s representative is at the core of our adversary process.
As practicing lawyers know, interviewing and counseling are at the heart of legal representation. This is what lawyers do, even trial lawyers: we talk with and advise clients. As criminal lawyers know, the decision whether to go to trial is “the most important single decision” a client faces, and requires wise counsel. …
The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith
The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith
Georgetown Law Faculty Publications and Other Works
As all practicing lawyers know, interviewing and counseling are at the heart of legal representation. This is what lawyers do, even criminal trial lawyers: we talk with and advise clients. Sometimes, after considering the government’s case and available defenses, we advise clients to go to trial. More often, we advise them to take a plea.
In counseling our clients we can be as “client-centered” as the next lawyer, graciously acceding to our clients’ wishes. This is especially so when the client is making what we regard to be a reasonable choice. But clients are not always reasonable. Sometimes they are …