FAQs
My son/daughter/spouse/sibling has been diagnosed with autism/bipolar disorder/PTSD. He/she has no idea what’s going on. How can he/she possibly be competent to enter a plea or stand trial?
Valid question. Unfortunately, the legal standard for competency is fairly low so most people are found to be competent. By the same token, the standard for not guilty by reason of insanity is extremely high, and most people can’t meet that. Nonetheless, you might be able to use the disability for mitigation or perhaps some diversionary option. I would likely recommend that your family member get a forensic (as opposed to clinical) evaluation. Over the years, I have built a good Rolodex and would try to recommend someone who would be a good fit in terms of expertise, temperament and geography.
We already have a lawyer and he/she says my son/daughter/spouse/sibling’s mental disabilities don’t matter. That doesn’t seem right.
At this point, I don’t know your loved one’s case. And I don’t like to second guess another lawyer. But I will say this: I make it my business to make the disability matter.
My case is in _________________________state. Can you still help me?
Yes. There is a special process where attorneys can be admitted in another jurisdiction call pro hac vice. Generally, if I fill out a form, pay a fee, and have an attorney licensed to practice in that jurisdiction serve as my sponsor or local counsel. I can appear for purposes of that one case. The process is similar in different federal jurisdictions.
How do you get involved in a case?
I can serve as co-counsel or as a consultant or I can do sentencing mitigation.
I don't have money for a lawyer. Can you help me?
As much as I'd like to help everyone for free, I can't. Over the years, clients have turned to families, friends, and others who believe in them. But no matter who pays my fee, my primary duty is to the client.
I want to use this case to make social change. Can you help me?
I understand your wish that no other family goes through what you are going through. My primary responsibility to your son/daughter/spouse etc. in this particular case and as an attorney and officer of the court, I am confined to practices and procedures of the legal system. Different jurisdictions have limits on what attorneys can say to the press.
Valid question. Unfortunately, the legal standard for competency is fairly low so most people are found to be competent. By the same token, the standard for not guilty by reason of insanity is extremely high, and most people can’t meet that. Nonetheless, you might be able to use the disability for mitigation or perhaps some diversionary option. I would likely recommend that your family member get a forensic (as opposed to clinical) evaluation. Over the years, I have built a good Rolodex and would try to recommend someone who would be a good fit in terms of expertise, temperament and geography.
We already have a lawyer and he/she says my son/daughter/spouse/sibling’s mental disabilities don’t matter. That doesn’t seem right.
At this point, I don’t know your loved one’s case. And I don’t like to second guess another lawyer. But I will say this: I make it my business to make the disability matter.
My case is in _________________________state. Can you still help me?
Yes. There is a special process where attorneys can be admitted in another jurisdiction call pro hac vice. Generally, if I fill out a form, pay a fee, and have an attorney licensed to practice in that jurisdiction serve as my sponsor or local counsel. I can appear for purposes of that one case. The process is similar in different federal jurisdictions.
How do you get involved in a case?
I can serve as co-counsel or as a consultant or I can do sentencing mitigation.
I don't have money for a lawyer. Can you help me?
As much as I'd like to help everyone for free, I can't. Over the years, clients have turned to families, friends, and others who believe in them. But no matter who pays my fee, my primary duty is to the client.
I want to use this case to make social change. Can you help me?
I understand your wish that no other family goes through what you are going through. My primary responsibility to your son/daughter/spouse etc. in this particular case and as an attorney and officer of the court, I am confined to practices and procedures of the legal system. Different jurisdictions have limits on what attorneys can say to the press.