Role of Trial Lawyer

Effective, i.e., Productive, Representation in Death Penalty Litigation Demands the Utmost in Innovative Skills

There is No Mathematical Type of Formula For Effective Representation in Death Penalty Litigation

The Economic Models of Representation

The economic models of representation can be broken down into the following designations.

   The Privately Engaged Attorney
   The Court Appointed Attorney
   The Public Defender Provided Attorney
   Private Interest Provided Attorney

Each of the descriptive categories in the Economic models of representation present constitutional problems that pose threats to justice and equality. Without a detailed explanation of the variation on each of these categories, we will briefly identify the scope of these classifications.

The Privately Engaged Attorney    This once predominate method of compensation of attorneys has almost fallen into obscurity in major cases involving violent crimes. The cost of engaging competent private counsel is out of financial reach for most persons in the criminal justice system. Persons with relatively small amounts of financial resources usually attempt to engage attorneys who offer representation at an affordable price. Often the services provided by this type of attorney are in keeping with the cheap price. Naturally, persons with good judgment in engaging counsel and adequate financial resources step to the head of the line when justice is administered. Often privately engaged counsel are not compensated adequately to engage in a sustained attack on the fairness of the entire criminal justice process.

The Court Appointed Attorney    Attorneys obtained thought this method of compensation vary greatly as to both competency and commitment to the accused person. When the government selects the attorney who is to determine if the government is providing a fair tribunal or if the government is only providing an arena for a bullfight, there are immense constitutional problems. What happens to the attorney that attacks the government? Does the attorney receive full compensation for the time spent on the attack?

The Public Defender Provided Attorney    Many dedicated attorneys work as public defenders. Do these attorneys work with a glass ceiling over the attacks that they are permitted to make against the process of the government?

Private Interest Provided Attorney    Many private interest organizations provide invaluable services to persons who could not have good representation otherwise. Like all of the various economic models, this model has a great potential for a conflict with the best interest of the client.

By identifying these economic models, we identify a myriad of conflict of interest issues that are not adequately corrected in the criminal justice process. Are these conflict of interest issues being litigated, or is the economic interest and absence of understanding of the conflict issue of attorneys deterring this type of litigation?


Persuasion -- the power of a person's personality, expressions and presence to win over and advance his or her position.

Influence -- the capacity or power of a person to produce effects on others by intangible or indirect means, best illustrated by example with the term "political influence."

Legalistic Reasoning -- reliance on law.

Each system is most frequently used with another system. Once the representation ends it is difficult to determine which system was responsible for results. Advocates who are super-achievers use the fourth basic system for individuals who are normally foreclosed from effective use of the other three systems. This system is Conflictineering

There is a section devoted exclusively to conflictineering to enter click here.

Conflictineering is the newest and least understood of identifiable categories of skills. Most skilled advocates have not explored this skill. Let us hope, more advocates will identify this aspect of their adversarial skills and begin writing about characteristics of this skill that they can identify and transfer to other persons.

Conflictineering is the very effective model of advocacy, which has been stifled.

Conflictineering is creating or using an event to expose the hypocrisy or immorality of a person involved in a dispute and then restoring order in return for a fair disposition of the dispute.

Recognizing the motivations for the gravitational pull that bring a litigant and the litigant’s support team into the Black Hole of Litigation is relevant in developing ways of getting out and staying out of the Black Hole of Litigation.

You Would not be Selected by Government to Play a Role in Representing People in Death Penalty Litigation Unless the Government Selectors Feel that You Can be Beaten and/or Compromised

Uncle Sam Wants You

to provide less than full advocacy by staying inside the box

Uncle Sam Needs You

to represent persons in death penalty cases, while providing representation within the political parameters of the Box

Uncle Sam Will Pay You

if you provide representation within the political parameters of the Box

Defusing the Political Benefits of Dispositional Unfairness to the Prosecutor and Judge, with Representation Skills

Civil Litigation in Support of Leveling the Forum Used in the Defense to Criminal Charges

	4.1 Moving the Dispositional
	Decision to the Earliest
	Possible Stage

	4.2 Client Must be Prepared for Window of Opportunity