A Special Note To Florida Criminal Defense Lawyers

This is a departure from my normal material due to the new conflict case system Florida has adopted. There are numerous posts elsewhere about how this will hurt indigent people charged with crimes, so I will not dwell on this important aspect. Instead, we will focus on that subject most lawyers hate: Law office economics.

Florida’s conflict case system was drastically altered to make it more “cost effective.” Many Florida criminal defense lawyers are freaking out because they rely on the conflict system for much of their income. There is now less conflict business at lower rates. Here is how smart lawyers will survive the new system:

1. Raise your fees. A “fee for any budget” price war will cause legal fees to be driven lower and lower – among lower priced criminal defense lawyers, not the best lawyers. Service will immediately decline, and your clients will be the ones who suffer most. FANTASY - "The legal fee doesn't affect the quality of legal service." REALITY - The legal fee directly affects the quality of criminal defense legal service.
2. Get off of the conflict list. The new rates pay less than minimum wage. Taking a case under this new system is tantamount to admitting 3.850 IAC. FANTASY - "The new system will be cost effective." REALITY - Taking cases for less than minimum wage is a 3.850 waiting to happen.
3. Raise your fees. My minimum fee is $5,000.00 – plus costs – for any criminal case, even a misdemeanor. Raising your fees may seem counter intuitive, as there will be more lawyers competing for private practice clients. However, raising your fees will actually work. Remember, your banker will repossess your house and your vehicle, but not your kids. You can’t help your clients if you can’t financially help yourself. FANTASY - "No one can afford high legal fees." REALITY - Some can, those are the ones you want as clients. If you and your secretary give up your salary and benefits, you can provide free legal service - and your clients will get what they pay for.
4. Get Board Certified or get out. In the criminal defense private market, you are either a specialist, or you are competing against one. FANTASY - "I don't need board certification because I am just as good." REALITY - You will get kille din the marketplace unless you are extremely savvy.
5. Raise your fees. Your time spent defending a client’s liberty will never be returned to you at the end of your life. These seconds become minutes. Minutes quickly become hours. Hour after hour, you are quickly approaching the end of your time allotted on this earth. Value your time, and your clients will value you.
6. Never take “payment plans.” You can always spot the “Budget fee, payment plan” criminal defense lawyers. They are routinely late for court, always have schedule conflicts, frequently continue cases in the foolish hope that they will be paid, and they always have the most difficult clients. I have seen them get disbarred. FANTASY - "People need payment plans, they don't have the money." REALITY - If you take payment plans, you will chase clients for fees. They have lenders - with lawyers - who specialize in that. You are a criminal defense lawyer, not an interest free lender.

When you are overloaded with too many clients, too many cases, too little time for yourself and your family, you are hurting your client’s lawyer. Performance suffers, people will get hurt.

FANTASY – “I am a professional, money does not matter.”

REALITY – You can't help your clients with legal matters if you can't help yourself with financial matters.

That's just how it is.

Respectfully submitted,
Stephen G. Cobb
FBN: 0835171

CobbLawFirm.com

Cashing In On Crime: The Dark Ages, Part II

The cornerstone of our current system of justice can be summed up in three words: Crime and Punishment. The focus on crime consists of a focus on guilt or innocence. Everything boils down to the focus of whether someone did something illegal. The focus on punishment consists of what is the proper infliction of suffering for a crime that has been committed. Crime = Punishment.

As any rational person can see, our criminal justice system has utterly failed. Likewise, any rational person would never commit crime because of the punishment, right? This is where the whole system breaks down: The founders of our criminal justice system believed it was rational when it is not.

This is not a minor distinction. This is the key to understanding the stupidity of our criminal justice system. The way we look at our criminal justice system is just as important as what we believe we see. What if our way of thinking were to become Crime Solution instead of Crime and Punishment?

In order to see the problem different, we must know something different. Something that the politicians, the media and the pressure groups want to hide from you: They don’t want you to know why we have crime I n the first place. Knowledge empowers. Belief enslaves. The less you know and the more you think you believe, the easier it is to use tricks of psychology to get your time, your vote and your money.

You have been fed crap and kept in the dark.

A prime example of being fed crap is the current hysteria, sex offenders. MSNBC has a popular series, To Catch a Predator. Here’s their spin:

“An ongoing hidden camera investigation into computer sex predators -- grown men, trolling the Web for young teenagers. This time, police are making arrests.”

Does that pass the smell test? I mean, really, does that sound like MSNBC is interested in solving the problem of sex crimes or that MSNBC is more interested in creating a climate of fear, scandal and higher ratings?

To Catch a Predator preys on your fears, preys on your emotion, preys on your logic and ensures a serious problem is transformed into cheap entertainment. If the show were a factual presentation of methods, techniques and strategies for keeping your family safe, that would be one thing. But it isn’t. To Catch a Predator is all about the chase, the titillation, and the big bust.

Although Doc Block and To Catch a Predator are criminal justice cable crap standouts, MSNBC is not the only offender.

CNN’s Headline News inflicts Nancy Grace upon us nightly.

Working Outside of The Box

Another Monday at 10:56 a.m. My first client consult is scheduled to begin in four minutes, and I have been at work, off and on, since about 7:30 a.m.

My next appointment is at 1 p.m., and I have research and writing to finish. My case status staffing was completed a little over an hour ago. No court appearances are scheduled for today. So I put on my headset and begin the first appointment . . . just another day practicing law outside of the box.

Most lawyers get up in the morning, put on the lawyer suit of the day and head to the box, AKA, “the office.” Some have a long commute, some have a short one. Some work for a large firm with a large box, some work in a medium sized box and some have a small box.

The box is filled with people, phone systems, computers, printers, copiers, files, and coffee pots. Whether the law firm is a large box or a small box, most work outside of the courthouse is performed in the box. True, some work is done outside of the box, yet in most firms, 95% of the work is done in the box. The home office is an afterthought for work to be completed after a day in the box, or on weekends.

But I am outside of the box. W-a-a-a-a-a-y outside of the box. Let me explain.

I have been a practicing lawyer since 1989. I am a Board Certified Florida Criminal Trial Law Specialist with a practice limited to Florida criminal law in the state courts. Before 2004, I practiced law like most other lawyers – in the box. After Hurricane Ivan, we realized that our disaster recovery plan was a joke. The hurricane forced us to remake our entire firm, from the legal structure of the law firm right down to how we draft a motion. Later, when the cost of gasoline blew through the roof, we found that our clients preferred our disaster recovery mode of operation. Even the Florida Supreme Court encouraged the use of technology to save energy.

So here is how we practice law at Cobb Criminal Defense Law Firm today, outside of the box:

• We have two offices in two different counties. They are only used to meet with clients. I go into to one or the other office an average of three (3) hours per week.

• Our entire “on payroll” staff telecommutes the majority of the time. Phones are forwarded to a central telecommunications hub, the calendar is kept up to date online, all files are electronically stored in a central location, and we have a system for sending and receiving mail. Out of the box, we are actually more in touch with each other than most law firms.
  

• Most of our “co-workers” are actually outsourced colleagues in various different disciplines necessary to represent our clients. This enables us to build large legal defense teams at a fraction of the cost. We pass those savings on to our clients.
  

• I am writing this article as I normally work on non-court days: Wearing a pair of shorts, a tee shirt and a baseball hat while sitting in my “work” recliner. CNBC is usually on mute, but not today. Stumpy is asleep next to me, curled up in his doggie blanket. My telephone headset is right next to me, and I haven’t bothered to shave. No one on the other end of a phone line is concerned with how I am dressed, rather they are more interested in my experitse, as it should be.
  

• My computer is on my lap with twelve (12) screens across the bottom and six (6) tabs across the top ready for action. I am tied in to my calendar, my e-mail, my research projects, my client files and the courthouse. My tricked-out Gateway Convertible Notebook is a top of the line computer so advanced that I can literally sign documents with a digital pen directly on the screen. My secretary prints the hardcopies and we send what we can electronically to various recipients.
  

• “Box office appointments” or jail visits are scheduled on court days because I am in a suit anyway. When my life revolved around a daily commute to and from the box, I came to hate business attire. Now I enojy it.

The quality of life difference is profound. Our productivity has grown exponentially. Our clients love our service, and the convenience we are able to provide. We have made our technology easy for eveyone to use, and it pays us with more than money, it pays for itself with the most valuable asset one can have - time.

So now it is time to end this break, and get back to work, outside of the box. I will hit the ‘save’ button, open another screen and finish that exciting motion to have Florida's sentencing laws declared unconstitutional based on that Cunningham case from the USSC . . .  .