Expanding lawyers' role.

In 1995 I was an assistant public defender in the 10th Judicial Circuit. My job seemed very simple at the time. I was to meet with the clients, participate in discovery, and give them very candid advice on how I thought they should proceed with their criminal case.

One morning I went to the county, jail to meet a client who had been arrested the night before for burglary. He had shattered a window of a fast food restaurant and entered. After the alarm went off, he waited for the police to arrive, explained to them what he had done, and was booked into the Polk County Jail. He told me that he did not want me to ask the judge to release him from the jail. He said he was fine in jail; he was fed and it was warm. As we discussed the case, the facts became clear. He broke into the restaurant because he was cold and hungry.

Eventually, the state made him a plea offer of credit for time served in jail followed by probation. My client turned down the offer to get out of jail because he was doing fine and wanted to stay there longer, at least until it wasn't so cold. The case eventually resolved itself a few months later with a time served plea to a misdemeanor and my client walked out of jail, back into homelessness, but into warmer weather.

Rule 4-2.1 provides, "In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client's situation." In discussing the scope of the advice, the rule states, "Matters that go beyond strictly legal questions may also be in the domain of another profession. Family matters can involve problems within the professional competence of psychiatry, clinical psychology, or social work."

This candid advice to assist clients and the risk of further involvement with the criminal justice system does not conflict with zealously representing a client, but is a necessary part of it.

Whenever a client needs or is appointed an attorney, there is a certainty that the client is in crisis. Identifying services that address a client's underlying needs, such as housing or recovery program, and not simply addressing his or her particular legal circumstances, will ultimately best serve the client, the client's family, community, and potential victims.

If you ask any criminal defense attorney, he or she will tell you that...