frown. “Interviewing clients is a skill you apparently haven’t mastered yet. In a criminal case, it’s not your job to question your client like you’re some prosecutor or a damn rookie cop. Particularly not during the first interview. Our first priority is to gain the client’s trust. Most of your questions, particularly your little ‘Did you do it?’ inquiry, were way out of line.”
I didn’t know what to say next. I was certain I’d seen Eugene on
The Practice
ask his clients if they did it, but I wasn’t about to admit that TV was the source of what little I knew about criminal law. Okay, so I screwed up. Like a skilled politician, I sidestepped the real issue.
“What’s up with you? Why’re you always so angry? We need to be working as a team. Okay, so I’m not a criminal lawyer. O’Reilly knew that when he assigned me to this case. But I’m a good litigator and I learn fast. If you’d take that mountain-size chip off your shoulder, maybe we’d be able to focus on defending our client rather than battling it out with each other.”
Neddy sighed loudly. “I’m not looking for a fight. Lord knows I’m already fighting enough battles in my life right now. Just don’t go asking any more stupid-ass questions, okay?”
“Fine,” I fired back. “I’ll be more careful with my questions if you agree to work on your bitchy attitude. We’re supposed to be trying this case together. So the first thing you need to do is stop acting like you’re my mama. If that’s the kind of relationship you want, then go home and make a baby.”
Neddy looked as if I’d just slapped her across the face. Her eyes moistened and she seemed momentarily stunned. I quickly replayed my words in my head, trying to understand why they seemed to hit so hard. I was mad as hell, but I still liked to play fair.
“And anyway,” I said, “I don’t understand what was so wrong with my question. Are you telling me criminal lawyers don’t ask their clients if they’re guilty?”
“No! Not lawyers who know what they’re doing.” Neddy acted like she wanted to put up her dukes. “Our investigation will lead us to Tina’s guilt or innocence. And besides, if she’d admitted killing her husband, it wouldn’t have changed anything. We’re still going to defend her. You’ve defended supervisors accused of discrimination. You can’t possibly tell me the first thing you do is ask your client if he’s a racist?”
“Not in those words. But I certainly want to know if the allegations of racism are true. When I know early on that my client screwed up, it affects my approach to the case. I have to decide if it’s a case I’m willing to try or whether the information is so damaging, I’m better off trying to settle.”
“Well, it doesn’t work that way in a criminal case,” she snapped. “In my world, a settlement still means prison time. And that’s not usually a viable option for most clients. You think Johnnie Cochran asked O.J. if he did it? I don’t think so. It’s irrelevant. Guilty or innocent, our job is to defend.”
I still wasn’t willing to concede this point to her. “I just don’t see the harm in asking. Anyway, our conversation is attorney-client privileged. If we know whether she did it or not, then we’ll know how hard to fight.”
“Are you kidding me?” Neddy had an incredulous look on her face. “First off, the harm is the client’s perception. No matter what, we want her to trust us. And second–and this is a very big point so you’d better commit it to memory–guilty or innocent, you always defend your client with everything you got. If you can’t do that, then you need to get off this damn case. Now!”
Wow, coach was making some good points. I resorted to my safety net–sarcasm. “You definitely sound like a public defender. You work this hard for child molesters, too?”
Her eyes narrowed into thin slits. “My allegiance is to whoever’s paying the bills.”
“Fine.