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Reviewed by Doug Salvesen December 10, 2000
The Deal This week's episode of The Practice shows us three different techniques for dealing with clients. The clients of Donnell, Young, Dole & Frutt are somewhat more lethal, and scads funnier, than most clients. But the lessons are the same. The Client Who Won't Go Away William Hinks is the bug-eyed accountant who confessed to brutally killing nine women after meeting them in dog parks. The confession was part of a ploy to convince a jury that he was innocent by reason of insanity. Smart, huh? After Lindsay Dole obtains an acquittal for Hinks, he is smitten. Hinks isn't satisfied. He claims that he is still guilty and wants to appeal his acquittal. Lindsay points out that she "doesn't do acquittal appeals." Hinks then says that he wants some probate work done. Lindsay says that she "doesn't do probate work." Last week, Lindsay informed us that she "doesn't do serial killers." Her practice area is narrowing all the time. Hinks, no slouch himself when it comes to needing a quick repartee, notes that it seems that their relationship is in jeopardy unless he commits a crime. No matter what she does, Lindsay cannot seem to get rid of Hinks. The crime threat thing seems to upset her. She asks Helen Gamble to intervene and "scare the hell out of him." Helen complies. She calls out the riot police and they storm into Hinks's home, throw him on the floor and arrest him for criminal assault. What is criminal assault? Helen gives Hinks the following explanation, "For example, if I were to say to you 'if you ever go near Lindsay Dole again, I will find a way to have you accidentally shot and killed by a police officer' -- something like that -- that would be an assault, so I would never say that." Legally, this is correct. Hinks does not get the message - which seemed pretty clear to me. After a Superior Court Judge throws out the criminal assault charge, Hinks is restrained from contacting or approaching Lindsay. Despite the restraining order, Hinks is not to be dissuaded. At the end of the show, he somehow manages to deliver a puppy to Lindsay. The Client Who Won't Take Your Advice The central story of the episode focused on Francis Lupine, a career criminal and long-time client of Bobby Donnell. Francis tells Bobby that he has kidnapped and secreted a seven-year old girl. The police think that Francis is the kidnapper and have been following him. They arrest Francis just after he tells Bobby that he knows the girl's whereabouts. Much of the show is spent on Bobby working out a plea agreement for Francis, so he will disclose those whereabouts and save the girl. Bobby desperately wants Francis to accept the plea agreement that he has negotiated so that the girl can be saved. Francis balks. To convince Francis to accept the plea, Bobby does one of those things that a lawyer should never do to a client. He lies to him. He pulls out the old "call me on the cell phone in thirty seconds and I will pretend it's the prosecutor telling me some damning information that will scare my client into accepting the plea agreement" lines. It works. Francis gives up the whereabouts. Little girl is saved. One of the things they teach you in law school is that you should never lie to a client. Never, never, never. I see a proceeding before the Board of Bar Overseers, the organization in Massachusetts that oversees lawyers' conduct, in Bobby's future. The Client Who Keeps Getting In Trouble Then there's Scott Davison. Scott is the client accused on murdering his wife. He was found guilty in the first trial. After the quickest criminal appeal on record, Scott was given a second trial in which he was acquitted. This week, he has been fired from his job as a stockbroker because he has become a pariah at work. Although he is understandably upset, he has no legal rights to his job, which Ellenor recognizes. She tries to negotiate something with Scott's employer, who holds firm and refuses to take Scott back. That is until Scott takes a handgun out of his briefcase and threatens to commit suicide. The employer relents and offers Scott his job back. Scott thinks that this is the height of hypocrisy and is completely incensed at his employer. So, instead of shooting himself, Scott shoots his boss. Many, many times. More work for Donnell, Young, Dole & Frutt.
Doug Salvesen is an attorney with the law firm of Yurko & Perry in Boston. In his practice, Salvesen represents a mixture of clients, including businesses and individuals. A significant portion of his time is spent on pro bono matters, including law suits seeking to vindicate the civil rights of prisoners. He writes out each of his reviews of The Practice in long-hand. |
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