Are they a good lawyer?

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Let me tell you a story… a true story.

There was a young man sitting in jail. As usual at this Corrections Facility he was locked up 22 out of 24 hours. He had been picked up 6 weeks earlier. A Legal Aid lawyer had been appointed and represented him at the first hearing the next day. The young man didn’t want to plead guilty as felt he wasn’t. The lawyer however entered a guilty plea against this young man’s wishes. The young man having had a police history in the past was then placed on remand until the next court date 6 weeks later.

The lawyer messaged the mother to say they were involved at the start, but then was difficult to contact. and never returned calls or texts requesting information on next hearing dates or what the plan was. Note permission had already been given by the young man for the lawyer to speak to their mother.

The lawyer first advised this young man would likely only be in for a month. The lawyer then changed their mind for some unknown reason and said he would be in for a likely minimum of 18 months. This was devastating as it didn’t appear the crime was deemed necessary of such harsh punishment, and the process leading to this didn’t seem right.

The young man couldn’t understand it but got no real answers from the lawyer. The mother also tried to get answers but if there was a reply back, it was very vague. She was unsettled but didn’t really know what to do. Maybe this was the law these days.

A case manager was appointed to the young man in prison just a week before his next hearing. On hearing the story the case manager decided to ask more questions at their end as something didn’t seem right. The case manager came back and told the young man get a new lawyer.

The young man rang his mother next time he was released from his cell. The information validated what the mother’s gut feeling was saying. She contacted a lawyer that she had been aware of was a good lawyer a few years ago at the other end of the country, and asked if they could advise the names of a good lawyer in the area the court hearing was going to be held. The lawyer recommended some names and the mother contacted one of them.

The lawyer listened carefully and asked questions about the past and what had happened now. The lawyer felt too something wasn’t right and agreed to take on the case. The mother was advised she could get another legal aid lawyer but that process would need agreement from the current Legal Aid lawyer and would likely take longer than the 5 days now remaining before the court case. It was decided to engage the lawyer and pay the lawyer instead. A reasonable rate was agreed to.

The lawyer maintained contact with the mother and advised what the plan was. The lawyer sought letters of support form the mother and family and friends. The lawyer also asked for emails that contained further information about what had happened at the time and the mothers engagement at this time.

The day of the hearing came and the lawyer stood up very confidently and said there had been a miscarriage of justice. the Judge agreed and the young man was released that day.

The difference a lawyer can make!

So how does one know if a lawyer is good or not? Some say no legal aid lawyers are good. It is not as simple as that. There are a lot of very good lawyers who believe in social justice and provide a portion of their services through legal aid to benefit those who do not have the funds to pay for a lawyer. There are some lawyers too who are unable to get more higher paid work because their level of representation is not great. Unfortunately it does seem there are more of these lawyers available on legal aid duty than the other types.

Signs of a good lawyer

Great communicators

Are they listening and asking questions about what you are saying? Do they reply back to questions or contact within a reasonable timeframe? Note good lawyers are often in court so cannot reply back immediately or even that day or the next if they have big trials on. A good lawyer will also keep you fully informed about all your options and a possible outcomes. They won’t just tell you one option.

Confident and Respected

Do they come across as confident when speaking with you and your person? Are they confident in the court room? Did it appear that the Judge and other lawyers respected them? Were they able to answer all the questions that were asked of them in a confident and appropriate manner?

Respectful and Professional

How did they talk to you and your person? Was it respectful? Does your person’s gut and yours tell you that you can trust them? Do they discuss all decisions that are important with you or your person and act only on what you or your person tell them to do? Do they file all their paperwork with the court on time or do you have to delay your court hearing to the court receives the paper work. Do they act above board and not engage in dubious behaviour.

Experience

Does the lawyer have experience in your person’s case? Are there any reviews about them on the internet? Do their names come up with any court cases and what were the outcome of these? Does what they are saying sound reasonable to you and someone else you might share this with?

If you have concerns, it might pay for you to find another lawyer. If the sentence is likely to be minimal, your person has the right to seek a new Legal Aid lawyer, however this process may take time. If approved by Legal Aid, your person will also still not be able to choose one themselves, but will need to take who is appointed to them i.e. the next lawyer available for Legal Aid duty. If your person wants to choose their own lawyer for a crime with the likelihood of a lighter sentence, then you and your person will need to pay for the lawyer yourself.

The only way your person can choose one yourself through Legal Aid is when they are up for a crime that is more serious with a sentence maximum penalty of over ten years.

Visiting with COVID!

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I guess, like me, many of you trying to visit someone in prison were glad to see the back of 2020 thinking COVID was going to be all over. Then we had more in 2021, and now with another peak in COVID numbers some prisons across Australia and New Zealand still either wont allow visitors at this current time, or do but with restrictions.

Just putting it out there, visits with masks and gloves on isn’t quite the same. You want to visit to connect with your loved one, but instead you can’t touch a person and give them a hug and a kiss. Not being able to see their whole face because there is a mask on feels like you cant work out really want they are feeling. Sitting at least 1.5 metres away in the same room as others sitting 1.5 meters away means everyone is also yelling to get heard. There is no way you can get all the conversation. One older woman in one visit told me it’s even worse for those with hearing or sight impairment.

I come away from the visit these days often more frustrated than when I went in. Yes, I saw my loved one but it was hard and just flings back in my face all the wrong in this journey.

It can be upsetting visiting under these conditions and I know some who just can’t visit because all the above is too difficult. That’s okay. Remember we all need to put our self care up there because dealing with someone inside is hard enough. I know some say that our loved ones need us more than ever now. Agree, they can do, but better you are still sane and can visit and communicate when can, then become unwell yourself due to too much stress and not be able to be there at all.

I still continue to go when able with the changing restrictions but I lower my expectations for the kind of visit I am going to have. I know I cant just hold them in my arms. I cant feel their skin. But I can know they are being kept as safe as can be with COVID around.

I know from my person the harsh reality of having COVID has been for some of the people in their wing. Yes, some just got cold like symptoms, but others in nearby cells have been really sick and thought they were going to die. I know what it’s like being really unwell at home with all the comforts around. I can only imagine the additional pain in a place where it is cold, harsh, and no family who care around.

It’s been great to see more prisons using video calls. Having advocated for this for many years, now it seems to be standard practice in many prisons. It makes it so much easier seeing someone, even if online, when you live a long way away.

With COVID, visiting has been harder and more frustrating. But this will not last forever, and my person is well and still alive!

Christmas …..

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The sales are on and everyone is shopping for gifts for loved ones. There’s bright Christmas music playing and lots of red and green tinsel all around. And today we put up the Christmas tree!

For those that have been following this blog, our loved one has been inside for a few years, and is still inside for yet another Christmas. We know what its like to have that empty seat at the table, not being able to hear their laughter or have them join in pulling crackers.

As I hung up the Christmas tree decoration I made in the early days, I still feel the loss, but the tears didnt spill out this time. Instead, we know the routine. He cant be here, but I know can still do some little things that I know can make a big difference. Being able to do these helps at this time of the year.

These are some of the little things I have learnt over the years that I can do to help both of us.

1. The prison canteen usually has some Christmas treats like Christmas cake or tarts, something that can remind them over home. They have to however be ordered a few weeks before Christmas so a little extra money goes into the prison account for him.

2. Talking of food the prison canteen usually doesn’t operate for a few weeks over Christmas where he is. I want him to have some extra food over this time, so I get him the regular money I put in for food so he can stock up when the canteen is shut.

3. It takes about 3 – 4 weeks to get a Christmas card in, so this gets planned early. I have learnt that some prisons don’t like creative cards that might have ribbons or strings on them. Cards don’t quite look the same once the prison personnel have pulled these off. So now, they are just more simple cards that contain words with meaning. I some people inside keep every card they get. My son doesn’t. But I know, again he has it written how much he is still loved. He is still remembered as a person.

4. What is Christmas without gifts? I cant buy my son a Christmas gift, but one gift for us all is being able to talk on Christmas Day. Although we have a free call number set up, I make sure to send in some phone cards so he can also call others on his phone list. I make sure I send them early, knowing it takes a few weeks to get to him also. Just hearing from him on Christmas Day brightens the day for us.

5. I also plan early with my son around some small gifts he would like me to buy for others. Talking about these things when he phones gives us both some kind of sense of normality. It’s a way that he feels he can also let others know he cares.

6. Finally I hang up the simple, heartfelt Christmas decoration. As you can see below it was simple. Just a small off cut of wood I shaped by hand. I felt like I had died inside, hence the cross like you see on graves. I left it plain and raw, just as I felt. Finally I added a small silver heart from a necklace in the drawer. This represented that although the harshness of reality was there and overwhelming, love, and hope was there too. I know the shape is an all too familiar image for some, and often with negative connotations, but in my time of need this Christmas decoration reflected all the fear, loss, guilt, pain that I felt that year, and still feel. Putting it up today reminded me of those first few Christmases. This year it was not only of the hard memories though, along with the memories were the thoughts of how we are also still here. We are stronger than we thought we were.

That first Christmas

If this is your first Christmas without your loved one, I and others know how difficult it can be. We are thinking of you this Christmas. You can get through the day and the season. You may want to look at some of the past Christmas blogs to get some validation, and some ideas that might help you at this time.

To all, may you feel peace at this time. I look forward to a Christmas in the future when our family can all be together in the same room again and wish the same for you too.