I had not heard about the story of Eric Volz until my sister-in-law forwarded this YouTube video to me: Eric Volz. I will say, I have no first-hand, personal knowledge about this case, however, if the information in the video and on the family's website is correct, this is simply heart breaking.
Of course, imprisoning innocent people is not unique to Nicaragua. Trampling an accused's due process rights is not unique to Nicaragua. In the United States, our prisons are full to bursting. Many of those incarcerated are guilty. Many are not. Despite the negative light that criminal defense attorneys are now held in (not always the case, remember Perry Mason was a defense attorney), stories like this remind me that those that prevent the State from having unbridled, unchecked power are the good guys. And Christ tells us to minister to the hungry, the sick, those in prison.
Please join me in saying a prayer for Eric Volz & his family. Please join me in praying for all those in prison, and those who suffer, all those waiting for justice.
Peace & Blessings,
Matt
Saturday, March 24, 2007
Saturday, March 03, 2007
Renewing this blog...and my faith
I haven't posted here in several months, ironically, because I have been so involved in work that I haven't taken the time to reflect on why I am doing what I do, why it is important, or whether I am truly serving.
Sadly, for several months I have had my eyes so focused on the task before me, that my personal relationship with Christ has suffered. Like many "type A" personalities, when things get tough I tend to say, "How can I fix this?" rather than putting my faith in God, and remembering that nothing gets fixed without Him.
I think this is a good time for renewing my faith. I will be posting more often, and sharing my thoughts about criminal defense, faith, and serving the least among us.
Peace & blessings,
Matt
Sadly, for several months I have had my eyes so focused on the task before me, that my personal relationship with Christ has suffered. Like many "type A" personalities, when things get tough I tend to say, "How can I fix this?" rather than putting my faith in God, and remembering that nothing gets fixed without Him.
I think this is a good time for renewing my faith. I will be posting more often, and sharing my thoughts about criminal defense, faith, and serving the least among us.
Peace & blessings,
Matt
Wednesday, June 08, 2005
Nancy Grace & Public Perception
I was listening to CNN this morning as I was getting ready for work. The news anchor was interviewing Nancy Grace. Nancy Grace, a former prosecutor, is a commentator on both Court TV and CNN regarding legal, particularly criminal matters. At one point during the segment, the interviewer asked Ms. Grace why she didn't like criminal defense lawyers. Ms. Grace replied that it is not that she didn't like them just that, "I cannot imagine standing in front of a jury and B.S.ing my way to an acquittal".
I find her remark troubling on many levels. First, though least important, is that a member of my profession would use the term "b.s.ing" on national television. More important, much more important, is her thinly veiled allegation that to be a criminal defense lawyer is to engage in unethical behavior. There is no way to understand her use of the term 'b.s.ing' to mean anything other than lying. Lying in court is unethical in a professional sense and immoral in every other sense. I have many acquittals to my credit, but never have I lied in court. I will talk frankly about what the evidence shows, and what it doesn't show, but I have never, and will never, be untruthful. I am very comfortable saying that all my colleagues hold themselves to this same standard.
I am also troubled that Ms. Grace's opinion represents, and/or influences, the public perception of what criminal defense lawyers do. The implication is that while defense lawyers are flim-flam artists, prosecutors are noble warriors, carrying a torch for the truth. The reality is quite different. The fact is that both sides try to present their case as best they can, both sides play up certain evidence, while playing down other evidence. I find that most prosecutors do an excellent job, are hard-working, smart, and dedicated. Are there those--on both sides-- who do mislead, or unethically manipulate the jury? Of course. Just as neither side has monopoly on the truth, neither side has a monopoly on ethical behavior.
As a Christian, I am called to never lose sight of what is right and what is wrong. The practice of law, particularly criminal law, is fraught with opportunities to bend or break the rules. It is easy for someone without a strong moral grounding in absolute truths, not relativistic mores, to slide down a slippery slope of bending rules, to breaking rules, to lying and cheating, and unethical behavior of all sorts. As a Christian lawyer, I have an unbreakable moral compass, that no matter how rough the seas points me in the right direction. I have a sense of right and wrong that does not change from day to day, and I am moved by Christ's perfect example to always strive to be more like Christ. I will always fail in this regard, but I will always try to improve myself, just a little bit. As a Christian criminal defense lawyer, I hope that I (and my brethren) prove that Ms. Grace is wrong every time we go to court. I hope that we show that defense work is not about 'BS'. I hope that with the strength of our faith we show what love and compassion can do. I believe that we give hope to those that have none, and we speak for those that no one else will speak for. I pray that in our hearts we know that we serve Christ by serving others.
Ms. Grace is wrong. Defense lawyers do not b.s. their way to acquittals. As lawyers and as Christians we must strive every day to speak the truth, and to prove just how wrong she is.
Peace & blessings,
Matt
I find her remark troubling on many levels. First, though least important, is that a member of my profession would use the term "b.s.ing" on national television. More important, much more important, is her thinly veiled allegation that to be a criminal defense lawyer is to engage in unethical behavior. There is no way to understand her use of the term 'b.s.ing' to mean anything other than lying. Lying in court is unethical in a professional sense and immoral in every other sense. I have many acquittals to my credit, but never have I lied in court. I will talk frankly about what the evidence shows, and what it doesn't show, but I have never, and will never, be untruthful. I am very comfortable saying that all my colleagues hold themselves to this same standard.
I am also troubled that Ms. Grace's opinion represents, and/or influences, the public perception of what criminal defense lawyers do. The implication is that while defense lawyers are flim-flam artists, prosecutors are noble warriors, carrying a torch for the truth. The reality is quite different. The fact is that both sides try to present their case as best they can, both sides play up certain evidence, while playing down other evidence. I find that most prosecutors do an excellent job, are hard-working, smart, and dedicated. Are there those--on both sides-- who do mislead, or unethically manipulate the jury? Of course. Just as neither side has monopoly on the truth, neither side has a monopoly on ethical behavior.
As a Christian, I am called to never lose sight of what is right and what is wrong. The practice of law, particularly criminal law, is fraught with opportunities to bend or break the rules. It is easy for someone without a strong moral grounding in absolute truths, not relativistic mores, to slide down a slippery slope of bending rules, to breaking rules, to lying and cheating, and unethical behavior of all sorts. As a Christian lawyer, I have an unbreakable moral compass, that no matter how rough the seas points me in the right direction. I have a sense of right and wrong that does not change from day to day, and I am moved by Christ's perfect example to always strive to be more like Christ. I will always fail in this regard, but I will always try to improve myself, just a little bit. As a Christian criminal defense lawyer, I hope that I (and my brethren) prove that Ms. Grace is wrong every time we go to court. I hope that we show that defense work is not about 'BS'. I hope that with the strength of our faith we show what love and compassion can do. I believe that we give hope to those that have none, and we speak for those that no one else will speak for. I pray that in our hearts we know that we serve Christ by serving others.
Ms. Grace is wrong. Defense lawyers do not b.s. their way to acquittals. As lawyers and as Christians we must strive every day to speak the truth, and to prove just how wrong she is.
Peace & blessings,
Matt
Thursday, June 02, 2005
How do you defend those people?
"How do you defend those people?" This is the question I am most often asked. Depending on my mood, and the tone of the question, I may be engaged or irritated by it. Most often people are just genuinely baffled and interested, how could someone defend the indefensible?
There are times that it is easy. When my client is actually innocent, seeking their vindication is a pure, unalloyed exercise in securing their freedom; it feels great. A client who is actually innocent is, however, a very rare thing. I have had many, many clients be found not guilty, but very few who were actually innocent. These can be harder to defend.
The most difficult situations, ethically and spiritually, for me are when 1) the client is accused of hurting a child, 2) the evidence is overwhelming, and 3) the client is completely unrepentant. As a criminal defense lawyer my charge is not to seek justice for my client (that's the prosecutor's job...yeah, right); it is to zealously defend them, and within the bounds of the law and ethics, to seek the result the client wants, e.g.: acquittal or light sentence. When a client hits on the three factors I have identified above, there is a part of me, occasionally a significant part, that wants to vomit every time is see this person. There is a part of me that wants to scream, "There is no excuse, no justification for what you did, at least find the one decent fiber in your body, and at least say you're sorry!" Needless to say, I keep these thoughts to myself.
So what do I do? I remind myself that I was not put on this earth to judge others. Maybe this person, that in society's eyes is the lowest of the low, will go to heaven. I don't know if they will or not, but I do know that it is not up to me to decide. So I try not to judge. I remind myself of who Christ brought his ministry to: thieves, prostitutes, society's refuse. These are the people that truly need Christian love, these are the people that need someone to care about them, these are the people that when the rest of the world is ready to turn their back, need to someone to speak for them, need someone to say this person is a human being, and a child of God. You may despise them and what they did, but they are still entitled to be treated with respect and decency.
And I treat my clients with respect and decency. I listen to them. I talk to them. Over and over again, after I sit with a client and hear their story, and listen patiently and without judgment, they get a look in their eye, a look of wonderment and disbelief. They are amazed because no one has ever done this for them before, no one has ever taken the time to listen, and to care. I remember over and over again, Christ's exhortation "Whatsoever you do to the least among you, you do unto me". There is no one more weak and vulnerable, and in need of Christian care, than someone caught up in the criminal justice system.
I also focus on the things in court that I truly have some control over. It's my own version of the "Serenity Prayer", I suppose. Clients always want to know what is going to happen, are they going to get off, what are their chances. I almost never answer these kinds of questions. I don't answer these kinds of questions because nobody except God knows what the outcome of a particular trial will be. One of the few promises I will make to my clients is that I will protect their rights. They will have a zealous defense. I will fight and fight hard for them. If their rights have been trampled on by a coerced confession, or improperly seized evidence, or anything else, I will do everything humanly possible to vindicate that right. The rest I leave up to God.
Finally, I trust in God to bring about the just and fair result. I know that whatever I do in the courtroom, the final outcome is in God's hands. If God wants my client incarcerated, I know there is nothing I can do about it. If my client is supposed to walk out a free man, God will ensure that happens. Ultimately, I know that justice and judgment are not found this world, but in the eternal life that God has promised us. If a client that I think is guilty is acquitted, I know that this life will pass in the blink of an eye, and they will face their true judgment before our Father. If a client who is innocent goes to jail, although this is heartbreaking, I take comfort that the last shall be first, and in heaven they truly will be free.
So, that's how I defend those people.
Peace & blessings,
Matt
There are times that it is easy. When my client is actually innocent, seeking their vindication is a pure, unalloyed exercise in securing their freedom; it feels great. A client who is actually innocent is, however, a very rare thing. I have had many, many clients be found not guilty, but very few who were actually innocent. These can be harder to defend.
The most difficult situations, ethically and spiritually, for me are when 1) the client is accused of hurting a child, 2) the evidence is overwhelming, and 3) the client is completely unrepentant. As a criminal defense lawyer my charge is not to seek justice for my client (that's the prosecutor's job...yeah, right); it is to zealously defend them, and within the bounds of the law and ethics, to seek the result the client wants, e.g.: acquittal or light sentence. When a client hits on the three factors I have identified above, there is a part of me, occasionally a significant part, that wants to vomit every time is see this person. There is a part of me that wants to scream, "There is no excuse, no justification for what you did, at least find the one decent fiber in your body, and at least say you're sorry!" Needless to say, I keep these thoughts to myself.
So what do I do? I remind myself that I was not put on this earth to judge others. Maybe this person, that in society's eyes is the lowest of the low, will go to heaven. I don't know if they will or not, but I do know that it is not up to me to decide. So I try not to judge. I remind myself of who Christ brought his ministry to: thieves, prostitutes, society's refuse. These are the people that truly need Christian love, these are the people that need someone to care about them, these are the people that when the rest of the world is ready to turn their back, need to someone to speak for them, need someone to say this person is a human being, and a child of God. You may despise them and what they did, but they are still entitled to be treated with respect and decency.
And I treat my clients with respect and decency. I listen to them. I talk to them. Over and over again, after I sit with a client and hear their story, and listen patiently and without judgment, they get a look in their eye, a look of wonderment and disbelief. They are amazed because no one has ever done this for them before, no one has ever taken the time to listen, and to care. I remember over and over again, Christ's exhortation "Whatsoever you do to the least among you, you do unto me". There is no one more weak and vulnerable, and in need of Christian care, than someone caught up in the criminal justice system.
I also focus on the things in court that I truly have some control over. It's my own version of the "Serenity Prayer", I suppose. Clients always want to know what is going to happen, are they going to get off, what are their chances. I almost never answer these kinds of questions. I don't answer these kinds of questions because nobody except God knows what the outcome of a particular trial will be. One of the few promises I will make to my clients is that I will protect their rights. They will have a zealous defense. I will fight and fight hard for them. If their rights have been trampled on by a coerced confession, or improperly seized evidence, or anything else, I will do everything humanly possible to vindicate that right. The rest I leave up to God.
Finally, I trust in God to bring about the just and fair result. I know that whatever I do in the courtroom, the final outcome is in God's hands. If God wants my client incarcerated, I know there is nothing I can do about it. If my client is supposed to walk out a free man, God will ensure that happens. Ultimately, I know that justice and judgment are not found this world, but in the eternal life that God has promised us. If a client that I think is guilty is acquitted, I know that this life will pass in the blink of an eye, and they will face their true judgment before our Father. If a client who is innocent goes to jail, although this is heartbreaking, I take comfort that the last shall be first, and in heaven they truly will be free.
So, that's how I defend those people.
Peace & blessings,
Matt
Wednesday, May 04, 2005
Serving Christ by Serving Others
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