Defending People

the tao of criminal-defense trial lawyering

No Hero

Long­time com­menter Thomas Grif­fiths writes, in response to my efforts to rep­re­sent, pro bono, the British guy charged with aid­ing his wife’s suicide:

Hon­estly, I’m frig­gin baf­fled by one of my pub­lic heroes’ actions. My right brain, says it’s the right thing to do when a Real CDL learns of incom­pe­tence, while the left side says WTF? In the end my gut says, there are plenty other folks you and / or dream teams can visit with and offer assis­tance in their release and or post con­vic­tion issues. 

I get this. There are many peo­ple sit­ting in jail rep­re­sented by lousy lawyers such as Dionne Press. I’m reminded of the scene from an early sea­son of Boston Legal in which Eugene, walk­ing down a jail cor­ri­dor, asks, “how many of you are inno­cent,” rais­ing whoops and cheers from all the cells. Some of them surely are. Many are not. Does it mat­ter? And how is a lawyer to choose?

Before I take on a case for free there has to be some­thing spe­cial about it.

Many of those who would like my help, I prob­a­bly couldn’t help much. I like to con­tribute my time where I can make a real dif­fer­ence or where the sub­ject mat­ter is inter­est­ing to me. 

I vol­un­teered to help a guy with an Ara­bic name charged with car­ry­ing a gun in the air­port.

I vol­un­teered to help an Occupy Hous­ton protester.

I vol­un­teered to help a guy who had been harmed by a DEA oper­a­tion gone hor­rif­i­cally wrong.

I vol­un­teered to help a woman being rep­re­sented by Andy Nolen.

Many times I’ve vol­un­teered to help young black men fac­ing a cru­cial choice point: plead guilty and be branded a crim­i­nal by every cop who runs your ID from now on, or fight.

When I take a pro bono case, it’s not because the client wants me but because I see a likely pay­off in it for me—never money nor pub­lic­ity, but a good story or enter­tain­ment or edu­ca­tion or just the sat­is­fac­tion of demon­strat­ing that not all lawyers suck and mak­ing a dif­fer­ence that nobody else would make in a human being’s life.

No, I’m no hero. I’m just like any other junkie, except that my drug often makes other people’s lives better.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

4 Responses to “No Hero”

  1. Robb Fickman says:

    Mark– You do more pro bono work then most. You for­got to men­tion all the defense lawyers you have defended in your years as head of HCCLA Strike Force.

    I am always amused by the big civil firms giv­ing Them­selves a nice pat on the back for their pro bono work. They have a plaque up in each court house here con­grat­u­lat­ing them­selves. Maybe the aver­age dili­gent civil lawyer does 100 hours a year of pro bono work. The Bar thinks we should keep records of our pro bono time. The civil can keep track because it’s a rel­a­tively small amount of time.

    The aver­age dili­gent Crim­i­nal defense lawyer eas­ily does 250 hours of pro bono work a year. We do need to keep track or give our­selves bowl­ing trophies.

    You do pro bono work for all the rea­sons you said. But you also do it because it’s the right thing to do.

    • Mark Bennett says:

      My boss asked me the other day, “half of the work you’re doing is for free, isn’t it?”

      Um, er, yes?

      Aside from the strike force work, there’s the pur­suit of truth through public-information requests. Like you say, 250 hours a year easy.

  2. Robb Fickman says:

    What I meant To say was we do Not need to keep track of our pro bono hours or give our­selves bowl­ing trophies.

    Watch­ing “Body Heat” and I was dis­tracted by a young Kath­leen Turner. If she does not dis­tract you in that film.…

    Robb

  3. Mr. B., I’d ven­ture to say that the boss-lady would agree with the sen­ti­ment and quite pos­si­bly has wit­nessed you sav­ing a life or two or three…

    Some­times, we the peo­ple are too darn busy to take time to express our grat­i­tude towards those that are truly wor­thy of gen­uine praise for good works per­formed on behalf of oth­ers, I’m happy to have had the oppor­tu­nity. You sir, (and of course Mr. Green­field) are def­i­nitely pub­lic & pro­fes­sional heroes deserv­ing of a well earned tile via
    untold per­sonal & finan­cial sac­ri­fices. Thanks a million.

    *hope­fully, oth­ers will strive to Be Like Ben­nett and take time to check the sys­tem for incom­pe­tence & offer assis­tance when it’s needed (even if it’s not appri­ci­ated and or rejected) result­ing in revi­tal­iz­ing an entire profession.

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