Jail Call in Travis County Darkens my Sunny Disposition

Formally known as the "Jail Reduction Docket," this is perhaps the worst part of my job. Each day, 20 to 30 inmates being held on misdemeanor charges in the Travis County Jail are brought to court to try and settle their case. The defendants are poor, unable to hire an attorney, and for the most part, desperate to get out of jail as quickly as possible.

I had serious reservations about getting involved in this type of appointment system. I couldn't imagine a worse practice of law than introducing yourself to someone for the first time, and 20 minutes later, pleading their case out. My time working for the innocence clinic taught me that not investigating and really defending a case has serious ramifications for the client. A criminal conviction is never a small thing - who you are today is not who you will be ten years from now, and in Texas at least, final convictions never come off your record.

But, I thought, (cue Pollyanna) maybe I could have a positive impact on the process. I could go out and meet with clients in advance to get to know them and their situation. Which I do. (Sadly, most clients respond with a confused "I've never had a court-appointed lawyer come and see me before court before" - which simply confirmed my concerns about the appointment system). I could do what investigation and issue spotting needed to be done in advance and talk to the client about it before the jail call setting. Which I do. I could try and get information on collateral issues that affect them, like outstanding surcharges on their license that could result in them being rearrested. Which I do.

If the case ends in a plea bargain, the county pays a flat fee of $175.00 - whether you spent 10 hours or 10 minutes working on case. Which leads me to what happened today and why my mood could best be described as "foul" right now. I was appointed to a case, did my usual work up - spent about 4 hours preparing the case and arranged for the client to get out of jail today. I show up in court only to find out that the family has retained another attorney, who did not bother to let me know he's on the case.

I'm not upset in the least that they hired another lawyer - it's your right to have counsel of your choice. What aggravated me is that (1) no one told me, so I wasted a bunch of time and (2) the county only reimburses you if you obtain a disposition on the case (so, if you're going to be all mavericky and do the work you are ethically bound to do on a case, you will not be compensated (at all) for your time unless you happen to be there at the end of the case); and (3) I did about an hour of running around on this case IN HEELS, which makes my toes hurt and does little to improve my mood.

After spinning my wheels today, I can see why some lawyers decide to do as little as possible on court appointed cases. Despite my frustration today, I will continue to work the cases the way I have been, even though the economics of it suggest I do otherwise. I took an oath three years ago to vigorously represent every future client, and I meant every word of it. And there is no dollar value for the look on a client's face when they realize the extra steps you took on their case.

I don't like posting bitchy bits, so I'll end on a positive note, Academy Award style. I'd like to thank my agent, for never giving up on me . . . just kidding - but seriously - Thanks and a shout out go to Austin, TX criminal defense attorney Rick Reed, who graciously endured the long elevator ride down with me today while I spewed my frustation; the runner for the newly hired attorney, who acknowledged that I wouldn't be paid for my work and at least looked like he felt bad when I handed him my complete file which would save them hours of work; and our wonderful legal assistant Adrienne Deal who, upon hearing this story, validated my emotions and normalized my reaction with a "Not Fair! They all suck - WHOEVER they are!" - you're the best.