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Ask this ONE Questions Before You Hire a Defense Attorney

Ask this ONE Questions Before You Hire a Defense Attorney

“How many cases have you taken to ‘jury trial’ in the past five years?”

It is a simple question that a lot of lawyers may not be happy to answer. Some may avoid it, some may question you as to why that is important, and some may make some excuse for why they don’t actively take cases to trial.

However, don’t be fooled, this question is an excellent starting barometer in determining whether the lawyer you are interviewing/hiring is actually worth the money you are paying them. Of course, there will be lawyers who take cases to trial but don’t know what they are doing. However, over a five-year period, if they have had at least a couple trials per year, they should at least pass the test of this initial threshold question.

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Most people are surprised to learn that the majority of lawyers go years without taking a case to jury trial; that statistic in itself is troubling. In a five-year period, a lawyer who is a competent and zealous advocate for his/her clients is going to run into a few trials; there is no way around it. Any criminal defense lawyer who knows what he or she is doing will tell you that. Here is why:

Plea Bargains Aren’t Always a Bargain

When you are charged with a crime, the state has made an initial determination that they wish to prosecute you. From there, you and your lawyer are entitled to “due process,” meaning that your case gets a fair shake through the court system. Your lawyer will obtain the police reports and all other evidence associated with your case.

Depending on the severity of the charge, the prior criminal history of the defendant, the available range of punishments for the charge, the strength of the case, and last but not least, the general attitude of the Prosecutor’s Office in the county where the defendant is charged, the prosecuting attorney may extend an offer of a plea bargain. A plea bargain is a prearranged punishment in exchange for your plea of guilty to the charge (or oftentimes to an amended lesser charge). However, a plea bargain is not always rainbows and butterflies; not only is it a plea of guilty to a crime, it also can include prison time and other court sanctions, not to mention the stigma attached to admitting guilt in that crime.

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Any lawyer who doesn’t go to trial at least a few times per year, by default, ALWAYS PLEADS HIS CLIENTS GUILTY. It’s almost impossible to imagine a scenario where a criminal defense lawyer wouldn’t come across a single innocent person or a single person who wanted to challenge the charge against them. Yet, this is the reality that pervades the criminal defense industry.

A Trial Has Its Benefits

Additionally, there can be GREAT value in going to trial, like winning. For example, say the defendant is charged with murder in the first degree and using a deadly weapon. The defense is that although the defendant did in fact shoot the victim, it was in self-defense. The prosecutor has already made the determination that they are proceeding that it was not self-defense, or else the defendant wouldn’t be on trial. If the defendant entered into a plea bargain, they would be pleading guilty to something, and at the very least they would be on probation, but most likely they would receive a conviction and a prison sentence.

In that scenario, had they gone to trial and explained to the jury that it was self-defense, they could have been acquitted of the charge outright and free to go about their life as usual.

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Another value in having a lawyer that takes cases to jury trial can be explained with this example: A defendant is charged with a medium-severity offense. The case against the defendant is “OK,” but it is going to be hard for the prosecution to prove beyond a reasonable doubt to a jury that the defendant is guilty.

Maybe there isn’t a good identification of the suspect, or maybe the evidence as to one of the elements of the crime is weak. In many scenarios, your lawyer can calculate what may happen if you go to trial and lose. If the judge isn’t likely to sentence you to anything worse than what the prosecutor’s plea bargain offer was before trial, then there is value in taking a shot at being acquitted at trial.

Hiring a Fighter Might Get You a Better Deal

Furthermore, there may also be value in going to trial because the prosecutor may be more inclined to make a better offer or to dismiss the case altogether rather than go to trial and lose. There is no risk of the prosecutor losing at trial if he or she is facing a lawyer who always just pleads clients guilty. Therefore, the defendant is ill served by that lawyer’s reputation for avoiding jury trials.

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Ultimately, even the top lawyers who take lots of cases to trial still end up pleading out most of their cases. However, those plea bargains are going to be routinely better if prosecutors know that the defense attorney is capable of beating them, and in fact has beaten them in the past at trial. Regardless, hiring your attorney is an important decision, and you shouldn’t be hiring a lawyer who can’t or won’t try your case if it comes to that.

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Alex Wolk

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Last Updated on September 16, 2019

How to Stop Procrastinating: 11 Practical Ways for Procrastinators

How to Stop Procrastinating: 11 Practical Ways for Procrastinators

You have a deadline looming. However, instead of doing your work, you are fiddling with miscellaneous things like checking email, social media, watching videos, surfing blogs and forums. You know you should be working, but you just don’t feel like doing anything.

We are all familiar with the procrastination phenomenon. When we procrastinate, we squander away our free time and put off important tasks we should be doing them till it’s too late. And when it is indeed too late, we panic and wish we got started earlier.

The chronic procrastinators I know have spent years of their life looped in this cycle. Delaying, putting off things, slacking, hiding from work, facing work only when it’s unavoidable, then repeating this loop all over again. It’s a bad habit that eats us away and prevents us from achieving greater results in life.

Don’t let procrastination take over your life. Here, I will share my personal steps on how to stop procrastinating. These 11 steps will definitely apply to you too:

1. Break Your Work into Little Steps

Part of the reason why we procrastinate is because subconsciously, we find the work too overwhelming for us. Break it down into little parts, then focus on one part at the time. If you still procrastinate on the task after breaking it down, then break it down even further. Soon, your task will be so simple that you will be thinking “gee, this is so simple that I might as well just do it now!”.

For example, I’m currently writing a new book (on How to achieve anything in life). Book writing at its full scale is an enormous project and can be overwhelming. However, when I break it down into phases such as –

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  • (1) Research
  • (2) Deciding the topic
  • (3) Creating the outline
  • (4) Drafting the content
  • (5) Writing Chapters #1 to #10,
  • (6) Revision
  • (7) etc.

Suddenly it seems very manageable. What I do then is to focus on the immediate phase and get it done to my best ability, without thinking about the other phases. When it’s done, I move on to the next.

2. Change Your Environment

Different environments have different impact on our productivity. Look at your work desk and your room. Do they make you want to work or do they make you want to snuggle and sleep? If it’s the latter, you should look into changing your workspace.

One thing to note is that an environment that makes us feel inspired before may lose its effect after a period of time. If that’s the case, then it’s time to change things around. Refer to Steps #2 and #3 of 13 Strategies To Jumpstart Your Productivity, which talks about revamping your environment and workspace.

3. Create a Detailed Timeline with Specific Deadlines

Having just 1 deadline for your work is like an invitation to procrastinate. That’s because we get the impression that we have time and keep pushing everything back, until it’s too late.

Break down your project (see tip #1), then create an overall timeline with specific deadlines for each small task. This way, you know you have to finish each task by a certain date. Your timelines must be robust, too – i.e. if you don’t finish this by today, it’s going to jeopardize everything else you have planned after that. This way it creates the urgency to act.

My goals are broken down into monthly, weekly, right down to the daily task lists, and the list is a call to action that I must accomplish this by the specified date, else my goals will be put off.

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Here’re more tips on setting deadlines: 22 Tips for Effective Deadlines

4. Eliminate Your Procrastination Pit-Stops

If you are procrastinating a little too much, maybe that’s because you make it easy to procrastinate.

Identify your browser bookmarks that take up a lot of your time and shift them into a separate folder that is less accessible. Disable the automatic notification option in your email client. Get rid of the distractions around you.

I know some people will out of the way and delete or deactivate their facebook accounts. I think it’s a little drastic and extreme as addressing procrastination is more about being conscious of our actions than counteracting via self-binding methods, but if you feel that’s what’s needed, go for it.

5. Hang out with People Who Inspire You to Take Action

I’m pretty sure if you spend just 10 minutes talking to Steve Jobs or Bill Gates, you’ll be more inspired to act than if you spent the 10 minutes doing nothing. The people we are with influence our behaviors. Of course spending time with Steve Jobs or Bill Gates every day is probably not a feasible method, but the principle applies — The Hidden Power of Every Single Person Around You

Identify the people, friends or colleagues who trigger you – most likely the go-getters and hard workers – and hang out with them more often. Soon you will inculcate their drive and spirit too.

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As a personal development blogger, I “hang out” with inspiring personal development experts by reading their blogs and corresponding with them regularly via email and social media. It’s communication via new media and it works all the same.

6. Get a Buddy

Having a companion makes the whole process much more fun. Ideally, your buddy should be someone who has his/her own set of goals. Both of you will hold each other accountable to your goals and plans. While it’s not necessary for both of you to have the same goals, it’ll be even better if that’s the case, so you can learn from each other.

I have a good friend whom I talk to regularly, and we always ask each other about our goals and progress in achieving those goals. Needless to say, it spurs us to keep taking action.

7. Tell Others About Your Goals

This serves the same function as #6, on a larger scale. Tell all your friends, colleagues, acquaintances and family about your projects. Now whenever you see them, they are bound to ask you about your status on those projects.

For example, sometimes I announce my projects on The Personal Excellence Blog, Twitter and Facebook, and my readers will ask me about them on an ongoing basis. It’s a great way to keep myself accountable to my plans.

8. Seek out Someone Who Has Already Achieved the Outcome

What is it you want to accomplish here, and who are the people who have accomplished this already? Go seek them out and connect with them. Seeing living proof that your goals are very well achievable if you take action is one of the best triggers for action.

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9. Re-Clarify Your Goals

If you have been procrastinating for an extended period of time, it might reflect a misalignment between what you want and what you are currently doing. Often times, we outgrow our goals as we discover more about ourselves, but we don’t change our goals to reflect that.

Get away from your work (a short vacation will be good, else just a weekend break or staycation will do too) and take some time to regroup yourself. What exactly do you want to achieve? What should you do to get there? What are the steps to take? Does your current work align with that? If not, what can you do about it?

10. Stop Over-Complicating Things

Are you waiting for a perfect time to do this? That maybe now is not the best time because of X, Y, Z reasons? Ditch that thought because there’s never a perfect time. If you keep waiting for one, you are never going to accomplish anything.

Perfectionism is one of the biggest reasons for procrastination. Read more about why perfectionist tendencies can be a bane than a boon: Why Being A Perfectionist May Not Be So Perfect.

11. Get a Grip and Just Do It

At the end, it boils down to taking action. You can do all the strategizing, planning and hypothesizing, but if you don’t take action, nothing’s going to happen. Occasionally, I get readers and clients who keep complaining about their situations but they still refuse to take action at the end of the day.

Reality check:

I have never heard anyone procrastinate their way to success before and I doubt it’s going to change in the near future.  Whatever it is you are procrastinating on, if you want to get it done, you need to get a grip on yourself and do it.

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Featured photo credit: Malvestida Magazine via unsplash.com

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