The Perfect Game

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Authors: Leslie Dana Kirby
fooling around.”
    Dennis explained the need to formalize the business contract before having any further discussion, explaining, “Signing the contract establishes attorney-client privilege.” They reviewed it together and Lauren hired Dennis by signing on the dotted line.
    â€œI can begin making some phone calls on your behalf now that I officially represent you. I’ve practiced in this city my entire career. I even used to be one of those SOB prosecutors once upon a time.” Dennis chuckled. “I’m well-acquainted with most of the judges in this town and a great many of the prosecutors. I’ll start making calls today and find out why the police find you so interesting. I don’t think it’s because you’re easy on the eyes, though that will help if we have to go in front of a jury.”
    Lauren usually felt uncomfortable when a man complimented her, but she knew Dennis was not hitting on her. He was simply sizing up her potential strengths and weaknesses in front of a jury. She imagined this came naturally to him, just as she was inclined to notice any obvious signs of disease in people.
    â€œNow, Lauren. I never ask my clients if they are guilty…”
    â€œI’m not guil—” she started to say before he shushed her.
    â€œAs I was saying, I never ask my clients if they are guilty or not and there are some fine reasons for that. First of all, it’s completely irrelevant. That might sound strange to you. Most people think criminal prosecutions are about determining whether the accused is guilty or not guilty, but that isn’t true. Trials are about determining whether the prosecution can prove the defendant guilty beyond a reasonable doubt,and that’s a different question altogether. Second, I’m in a better position to defend my clients when I operate on a presumption of innocence.”
    That’s probably because most of your clients are guilty, Lauren thought.
    â€œFinally, it is my legal obligation to ensure you do not perjure yourself. If you are charged with this crime, it is your constitutional right to refuse to testify. However, if you did choose to testify on your own behalf, I could not allow you to testify to anything I know to be untrue. You see what I mean?”
    Lauren nodded. His rhetoric was stoking her fear as she imagined being charged with Liz’s murder.
    â€œFor this reason, you and I will often speak in hypotheticals. When I start a question with the phrase ‘hypothetically speaking,’ I’m not asking you to tell me about something that happened in your own life, I’m just asking you to explore the facts of the case as you know them in a hypothetical manner. You see what I mean?”
    â€œYes.” Lauren was familiar with this strategy. Doctors used similar tactics to discuss cases with the hospital legal office.
    â€œI take my job very seriously. Every citizen in this country is entitled to a rigorous defense and that is what I pledge to provide for you. You won’t find any other lawyer in this state who would defend you as relentlessly as I will. And…” he paused for emphasis, “…I never violate attorney-client privilege, not even to my own wife. I say that because it is imperative you feel comfortable confiding in me. Do you have any questions whatsoever about that?”
    â€œYes,” Lauren responded, thinking about doctor-patient confidentiality. Most of the things patients told Lauren were legally protected from disclosure, but there were some exceptions such as threats of self-harm or issues affecting public safety. “Are there any exceptions to attorney-client privilege?”
    â€œNone. Zilch, zero, nada. Not even your death would vacate the privilege. Not disclosures of past crimes. There are absolutely no exceptions whatsoever save the one I mentioned already. I cannot knowingly allow you to commit perjury or any other future crime. Anymore

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