Alchemy

Facts: Drunk college kid gets a DUI. There are no legitimate grounds on which to attempt to suppress the information or get the charge dismissed. College Kid's girlfriend happens to be the daughter of the district attorney. District attorney writes secret anonymous memo and gives it to College Kid. Problem is, nothing in the secret anonymous memo is actually helpful.

Issue: What do you do with a client who thinks he has a shot at getting a charge dismissed based on bad advice from his would-be father-in-law who happens to be the district attorney?

Rule: Be a zealous advocate for your client. Even when he's wrong. Even when the district attorney is wrong.

Application: Move to suppress and say a Hail Mary. No matter that the argument is frivolous. (1) Argue the cop shouldn't have interrogated him on his property, even though he didn't. College Kid left his property voluntary to speak with the cop on a public side walk. (2) Argue College Kid should have been Mirandized, even though he was clearly not in custody.

Conclusion: Stay tuned...

The Right to Counsel

"The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours." Gideon v. Wainwright, 372 U.S. 335 (1963).