4 minute read
A Pandemic Pivot
PRACTICE POINTERS
Demystifying the Criminal Justice Process for Clients
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BY MARY ANN ESPIRITU
In criminal defense and, I suspect, every area of law, clients come to us filled with stress, anxiety, and fear. It can be frustrating when a client is unresponsive due to that fear, and destructive when a client does not show up in court due to fear. Clients don’t fear their situation because it is particularly threatening, but simply because their situation is unknown.
My law partner, Charlie Roadman, and I recognize that clients’ fears can hinder our ability to represent them in a manner able to produce favorable outcomes, so we have taken great strides to alleviate as much stress, anxiety, and fear as we can by demystifying the criminal justice process.
While I have taken a one-on-one approach of teaching our clients about the criminal justice system during consultations, Charlie uses his creative talent to produce informational videos demonstrating what a client should expect with any aspect of the criminal justice system. While I spend time with a client drawing diagrams on a whiteboard and explaining legal concepts in a way easy to comprehend, Charlie voluntarily installed an ignition interlock device on his own vehicle and produced a video showing his own experience with the device. He even authored a book inspired by our clients’ fears and anxiety and our desire to calm them.
In his book, The Defendant’s Guide to Defense: How to Help Your Lawyer Get the Best Result, Charlie describes “the stages of a criminal case, the characters involved, the nuances of negotiating with the prosecutor and what [a client] can do to help [us] during the progression of the case.” Our collective efforts inform our clients and alleviate their fears, resulting in a better, more productive relationship.
When the COVID-19 pandemic began, it added to our clients’ existing stress, anxiety, and fear. A lot of information we gave to them about the criminal justice process no longer applied, specifically regarding court appearances and court-ordered classes. So Charlie and I quickly pivoted.
The court dockets are now held via Zoom and broadcast on YouTube. While the court and attorneys appear virtually, clients charged with certain offenses must appear in person when entering their plea. Charlie took it upon himself to walk through the new procedures of an in-person court appearance at the Blackwell-Thurman Criminal Justice Center so he could see the process through a client’s perspective. As a result, we now have a step-bystep guide on our website where clients can view a picture of the court’s waiting area with an arrow pointing to where they will need to check-in. Our guide also has a picture of the attorney conference room where clients can meet privately with their attorney who appears virtually on Zoom. Our guide even includes a picture of the courtroom and the computer screen where the judge, court staff, prosecutor, and client’s attorney will appear virtually while the client makes their in-person court appearance with a bailiff standing by to assist, if necessary.
While Charlie experienced the client’s pandemic court appearance, I attended the mandatory classes that had moved to online classrooms. Two common classes that our DWI clients need to take are the Mothers Against Drunk Driving Victim Impact Panel and the 12-hour DWI Education class. Pre-pandemic, these classes were only offered in a live classroom and our website already had detailed explanations of what to expect at each in-person class. But when the pandemic hit, the classes moved online and that created new stress, fear, and anxiety in our clients. I signed up for both online classes so I would be able to tell clients about my experience with each class. Being able to advise our clients about online classes has made a tremendous difference in their overall outlook during this process. One client wrote,
“Thank you for the intel! It was exactly the way you described it. I was a bit apprehensive about the required watching, I know they make those things brutal. I was glad to know that [the instructor] was chill and empathetic and he tells you what you need to know.”
Once we were able to advise our clients of the changes that the pandemic brought about in the criminal justice process, we noticed a shift in the overall stress level of our clients.
When we meet potential clients, we see the weight of the world on their shoulders. The pandemic now adds an extra layer of weight. But by pivoting our practice and continuing to remove the fear of the unknown, we give our clients some clarity, peace of mind, and maybe even hope. AL
Mary Ann Espiritu and Charlie Roadman, Roadman & Espiritu, Attorneys at Law.
