IN C ONVERSAT I O N
family law. In criminal law, the vast majority of the clients say, "I didn't do it." That they are not involved in whatever the event is. With family law, people think they know what they want [when you start], but as you develop the rapport with the client and develop the case, it's good to keep going back to expectations. Expectations need to be adjusted both in family law and criminal law all the time. If the state comes up with a new video or a new email, or a new picture, that may require you to change the way you handle that changes. So expectations need to adjust with the reality of the circumstances. Also, the sooner you get a lawyer, the better off you are, especially in a criminal case. Clients may make mistakes in a criminal case if they talk when they shouldn't. Usually, by the time criminal lawyers get involved, it's a day late and a dollar short. They tend to come in after the client has had an interview with the cop. Most people, especially the innocent ones, but even the guilty ones, want to believe that they can prove that they're innocent. They believe that "if I talk to the cops voluntarily, they'll see the truth." But again, your truth is maybe different than the cop's truth. There are stories in the news all the time about people who spend ten
E L I T E TOP AT TORNEYS BR AN D STORY C ON T E NT PRO GR AM : : F E BRUARY 2021
years, 15 years in jail, and they are innocent, but the case did no go their way. I tell clients that if you are suspected of a crime, then nobody is your friend-the cop is not your friend. You don't want to talk to them without a lawyer being present. If a client is smart enough to retain a lawyer first, then you tell the police, "I'll be glad to be involved in your investigation, but I want my lawyer present." THIS IS PROBABLY A BIGGER PROBLEM ACTUALLY FOR THE INNOCENT PERSON. THE INNOCENT PERSON WANTS TO BE HELPFUL, BUT SOMEWHERE OUT THERE, THERE IS A GUILTY PERSON, AND THEIR STORY AND YOURS WILL NOT MATCHUP. Kowtko: You actually see that a lot in domestic violence. When you and your spouse get in a fight, and the wife or the husband calls the cops. You want to tell the cops your story. People start talking, "well, I didn't start it. Yeah. I hit him." Or "Yeah. I hit her, but I didn't start it. She hit me first." And you may think you are helping yourself, but you are not. You are making statements that are very hard to back off from later. People want to prove their innocence, which is not actually what is necessary; as I said, the other side needs to prove your guilt, and people want to seem compliant, which can actually be disastrous. FOR MOST PEOPLE THAT HAVE A CONFLICT THAT REQUIRES A LAWYER, IT IS LIKELY THE FIRST TIME THEY HAVE EVER BEEN IN THAT SITUATION. WHAT IS IT LIKE FOR THEM TO WALK IN YOUR DOOR? Kowtko: We do it differently than many firms. We are more relaxed-it's part
of my theory. I'm young, for a lawyer, and I'm not old school law. A lot of people have the perception that the lawyer will look down their nose at them. I want to make people comfortable. I shouldn't be part of your problem. I should be part of your solution. Our clients have challenges in their lives that are not easy to handle; they need help, whether you're accused of a crime or whether you were getting divorced, or whether you have a child that you haven't seen in a period of time. I should not be your problem; I should be a tool for you to help you get to a good end. That's one of the benefits, actually, of family law. You know you've helped a family, specifically when you've helped a child get through something. Adults can adapt, can get through a divorce, but kids, especially single-digit age children, don't have any control, and they didn't choose to be in this situation then. We have a dual role, one to help the parent who's my actual client, but also I have an ethical obligation to make sure that the child has as best outcome possible. So ultimately, one of the best benefits of my job is at the end of the case, when a client comes and says, "my Johnny's happy," or, you know, "Susie's happy, and they've adjusted well." And after the legal conflict has been received, the client comes back and says, "thank you for getting me through that hard time and helping me and my kid adjust." That's the benefit of being in family law. You are helping that six-year-old kid get to the best possible life, and you know that they are probably not going to end up a statistic in twelve years. SRQ
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