False Allegations Of Child Sexual Abuse. Edward Nichols
as public defender experience and/or experience as a prosecutor.
In order for an attorney to be appropriate for your case, he or she must be able to work within the parameters of the funds available. After making this determination, we will also assess the attorney’s billing practices including: his retainer agreement, hourly rate, flatrate, how fees are payable, and his estimated cost for representation.
Regardless of an attorney’s abilities and affordability, he will not be appropriate if his caseload does not permit him to dedicate the time that your case requires. Moreover, he must be available to you, to answer your questions and address your concerns. We assess the attorney’s availability to insure his appropriateness.
In order for us to make a legal referral we must be sure that an attorney has an appropriate background in the use of experts and consultants. False allegation cases routinely require the cross-examination of adverse experts, and sometimes, the employment of a defense expert. We insure that your attorney is appropriately versed in these critical areas.
Having assessed your situation and personality style, we will refer you to an attorney with a history of successful client relations. We believe that attorneys assisting those falsely accused need to be sensitive to the difficult emotional needs of their clients.
In order to properly represent you an attorney must be well versed in the winning strategies generally employed in false allegation cases. We will assess how your attorney will approach your case. We will insure that he is proactive by nature, structured, and well versed in the procedural matters that are common to false allegation cases.
In interviewing prospective attorneys we assess their work habits to insure that they operate within an organized, efficient, and structured professional practice.
Our exhaustive process insures that your attorney will be a competent, experienced, and hardworking advocate for you. What is more, we will insure that he or she is able to work within the context of your reasonable budget.
How are you able to do all this work for me without charging a fee?
Our national referral program brings us in contact with excellent attorneys from coast to coast. Since many attorneys are aware of our national work and reputation, they are eager to work on cases we recommend and will often retain us to assist in your case, often with no additional fee to you. It is always to our advantage to be part of the process that allows a falsely accused person to regain their life and reputation. That’s how and why we offer our national referral program to you with no charge.
How long will it take you to locate an attorney?
Typically we are able to locate an appropriate attorney within a week, often within days. By calling our New York office we can start the process [607] 5638707.
I have a lawyer but I’m not sure about him. How do I know if he will represent me properly?
The best thing to do is review the criteria that we use to select attorneys [above] and ask yourself if your attorney meets these criteria. In summary these criteria include: Proper experience, Ability to work within your reasonable budget; Appropriate caseload and availability; Proper use of experts and consultants; Good rapport with the client; Understands the proper strategies; and Good work habits.
Generally, if you have any question as to your current attorney, you should have him evaluated, i.e., seek a second opinion. You may do this by calling Nichols Consulting. We will explore your concerns and help you to resolve any questions that you may have about your current representation.
Are there “danger signs” that I should look out for that would signal that I may have a problem with my attorney?
Yes, if you are experiencing any of the following call Nichols Consulting for an evaluation:
Legal Fees The inappropriate attorney will not present you with a written retainer agreement. He will sometimes present a retainer “letter” that does not spell out the particulars of how you will be billed. Often such an attorney will say, “I’ve got to do [this and that]. Let’s see what happens after that.”
An inappropriate attorney will either not send you regular statements of your account, or if he does, the statements will not be itemized. Sometimes these attorneys will only send a statement when they are seeking additional money.
An inappropriate attorney many extract a retainer fee “to get started” and suggest that you have to “see what happens” in the case to determine fees. Be careful of this!
Office Management An inappropriate attorney’s office looks like it was hit by a bomb! Often he carries around little pieces of paper to remind him of what he must do. He is rarely on time. He will often be interrupted while speaking to you. He will not be accessible and he will return his calls, if at all, days after they were received. His office staff are stressed, overworked, and probably underpaid. In short, the inappropriate attorney is disorganized and has poor work habits.
Representation Style The inappropriate attorney is reactive. He waits for the opposition to make their move and then he reacts. He is like the football team that has no offense. His strategy? Let’s wait for the opposition to make enough mistakes for us to win.
Perhaps no other factor is more associated with disastrous results in false abuse cases! Cases involving false allegations of child sexual abuse require a proactive attorney. It is not enough to “defend” the client. Our national experience indicates that attorneys need to be running out of the blocks! They need to vigorously assert their theory of the case from the onset. Beware of the attorney who says, “Let’s see what the other side does and then we’ll see what we’ll do.”
Case Management The inappropriate attorney is not organized. He will work on one activity and then the next. He will run from one brushfire to another. He will generally spend much time doing “damage control” in the areas that he should have been working in the first place. He will not manage the case. The case will manage him!
Expert Consultation The inappropriate attorney speaks directly to God. He knows everything. He believes that his fast-talking rhetoric will “destroy” the opposition. He considers expert consultation to be a waste of money [Money that he can collect in fees]. He will ultimately not understand the expert strategies presented by the opposition. And almost always, he will not prevail in court.
Creativity The inappropriate attorney has a “formula” for trying your case. He fits your case into the way he likes to work. He is dogmatic in his approach. In contrast to the open mind of the appropriate attorney, the inappropriate attorney must “do it his way.” He has a major investment in his ego and advocates for his ego on a regular basis. When he loses his case, which is much more often than he will admit, he blames the judge or the jury. He tells his clients, “I don’t know what went wrong with that judge [or jury].” In fact, he rarely listens, he rarely considers the unique aspects of the case, in short, he is out of touch with the case.
Team Work False allegation cases are complex, pervasive, and extensive. Appropriate attorneys know this and have long become team players who rely on consulting experts, investigators, and all who can help in the development of an effective defense not the least of which is the client. As the trial date approaches the “team” is ready to go. An appropriate attorney will not hesitate to ask for help. He takes pride in this victories above all!
The inappropriate attorney is a solo act. When his client talks he hardly listens. He often seems preoccupied with other matters. He does not see the need for a team. He is the team.
Client Relations The inappropriate attorney works on a “case” without respect for the “client” whose life swings in the balance. He has little understanding or tolerance for the emotional turmoil and fears that the client faces. He keeps his client in the dark. He often considers those who are falsely accused to be “problem clients”. He has severed the human dimension from the practice of law. Often the client feels as if his sole function