by Clayton T. Robertson (Criminal Defense/Civil Rights Attorney)
Clarence Darrow, in his obituaries, was described as a "fighter for lost causes"; that is, for causes that others thought were hopelessly difficult, even impossible, to win. Another well-known attorney at the time, Earl Rogers, also took on impossibly tough cases. It takes a certain mindset to move forward in cases like that -- even a certain personality type. Or a degree of fortitude that others lack. Perhaps just an utter belief in your own talents.
You might also believe that what others consider a "lost cause," upon a closer examination, is not "lost" at all based on the merits of the case. This covers instances in which a shoddy law enforcement investigation was performed, which is too often the case, or flawed assumptions made, or a rush-to-judgment by the DA's office. Or the biases of the officers create an unavoidable doubt. Or any number of issues.
For others, it's the challenge, even as other attorneys turn the case down. The reasons often don't matter. What matters is you find a smart advocate who believes in you, with a desire to fight and not to give up. Based on my experience, I have found that it is often this type of advocate who wants to continue to fight the case even when the client is ready to give up. (Of course, the fight takes a toll. A good advocate always considers this issue, too, in the timing of the case or how it is handled.)
All that said, I would much rather have a situation in which the attorney advises the client they should continue the fight, though leaving the ultimate choice with the client, than a situation in which the client will always doubt what was done by an attorney in whom they have lost confidence, who seems all too willing to plead them out without putting in the work needed to find the flaws in the state's case. Too often, it is the latter circumstance that leaves clients in doubt about the righteousness and validity of the outcome.
In short, find a fighter -- granted, a fighter with common sense, some cynicism, an experienced realist; but a fighter who believes in you like it is their own fight.
