BOOK REVIEW: Misjudged: A legal thriller (Sam Johnstone Book 1)

by James Chandler

Review By Jules Mermelstein, Esq., author of Justice, Justice Shall You Pursue

Misjudged, indeed, is a legal thriller. However, it is much more than that. It shows the devastating effects that PTSD can have on veterans, even those who are able to be qualified as professionals after their return from combat. It questions the legal ethics of prosecutors and judges. And it demonstrates what passionate representation can accomplish with help from those not ethically-challenged.

James Chandler, which is actually the pen name of Wyoming Circuit Court Judge Paul Phillips, demonstrates a cynical view of many lawyers. In addition to having an attorney being forced to leave a firm because he accepts representation of an unpopular client, there is this interesting statement when he describes Judge Daniels:

Daniels had little patience for, as he put it, “preening, showboating, or wasting time”—meaning he was hard on attorneys, many of whom made a moderately good living by preening, showboating, and wasting time.

He also displays a negative attitude towards law school. (As an aside, I loved law school but took no offense.) In a scene where someone is seeking to know more about an attorney, there is this interaction:

“Did you enjoy law school?” He laughed. “Show me someone who enjoys law school and I’ll show you someone who’s as crazy as a shithouse rat.”

In this same conversation, the attorney explains the job of a criminal defense attorney:

“Well, as an attorney I’m neither a judge nor a member of the jury. My job is not to decide or even to be seriously concerned with whether the defendant is guilty. My job is only to advocate on behalf of my client and insist that she is afforded all of the rights she is entitled to under the law.”

Sam signaled the waitress for another scotch. “What that means is that I have to ensure that she is not punished until and unless the State demonstrates beyond a reasonable doubt that she committed the crime as charged. When I sign on to defend someone, I have to understand that gal is placing her property, liberty, or—in a case like this—even life in my care.

For an attorney, ‘the truth’ is what the law and the evidence show.”

Likewise, the attorney distinguishes an attorney’s conscience from a layperson’s conscience when asked whether his conscience allows him to represent someone who is guilty:

“But understand a ‘lawyer’s conscience’ is not everyone’s conscience. A lawyer’s conscience is a unique way of viewing a legal situation. In forcing the State to play by the rules and prove a defendant’s guilt, we not only serve the client we’ve got but the innocent ones to follow, and hopefully we continue to distinguish our society from those that eschew an open, transparent system of justice.”

Chandler also demonstrates an effective way for attorneys to deal with a rude person they are meeting with.

Sam entered a couple of minutes later and found the defendant on the phone. She kept talking while Sam noted the time. At some point, she said, rather disdainfully, “I’ll be with you in a minute.” Sam replied casually, “Okay with me. It’s your money.” “What?” “The judgment against you includes attorney’s fees, which—much like the interest on your debt—accumulates. In my case, in six-minute increments.” The phone was snapped shut.

In a later conversation, Sam explains to another character why putting a defendant on the stand is dangerous:

“ . . . because it’s fraught with danger,” Sam said. “The State’s witnesses are almost all experts at being in court. Cops, criminologists, scientists—they have all testified before. They know what to say and what not to say. Hell, some of them have taken classes in how to present evidence. But your average guy doesn’t know what to say or when to shut up. He’s easily manipulated by a good prosecutor,”

Throughout this novel, I was trying to figure out which of several possibilities, including the defendant, would be revealed to be the guilty party. It turned out to be one of the possibilities I had thought of. But reading about this process was very enjoyable.

I highly recommend Misjudged to fans of legal thrillers and courtroom dramas.