Lawyer Monthly Magazine - July 2019 Edition

The other area is on our side of the fence. Most of the clients we deal with in the criminal defense arena are damaged. They have mental illness, intellectual disability, brain injuries, trauma and other problems in their life. They suffer from addictions that are often crippling. Dealing with clients like that can be challenging, and patience is a job requirement. I think all of us, myself included, can do better about trying to communicate regularly with clients and to help them understand the complicated system that exists here in Texas. What could be done to change this? Well, in terms of the Bar, I think I mentioned that we are about to change regimes and that will be a good eye opener for many civil folks. Plus, we need to get out and mix more with our colleagues so they know how our thinking goes. As to the clients, I recently had a tough experience that made me realize how important regular written communication is to let the clients know you care and that you are on top of their case. Nothing replaces it, and it has changed how I do things in my practice. A lot of cases can be quite sensitive, how should lawyers approach these cases? I think one has to weigh the difficulty in discussing, for instance, the tragic background of one’s client with the good it can do to help achieve the right result in their case. We had a fellow who had suffered a traumatic brain injury in one case, and it helped work out a much better and juster sentence because we were able to document it and prove it to the prosecutor, who changed from looking at the client as a violent person to viewing them as someone who needed medication, support, and supervision to avoid recidivism. A true win-win. In what instances is hiring a lawyer post-conviction necessary? If you have a loved one whom you think did not receive a fair trial, then you need to contact someone who can help. Appeals and post-conviction writs are the way to help those loved ones, and sometimes it is their only chance to get back to their families. You have nothing to lose but your chains. LM PATRICK F. MCCANN Mr McCann has been practicing in criminal law since 1995 after earning his JD from the University of Houston. A former Navy Intelligence officer, Mr McCann has written hundreds of appellate briefs, argued before the Fifth Circuit and the Court of Criminal Appeals in Texas, and has tried major felonies, including death penalty cases, in both state and federal court. He has extensive experience in habeas and post-conviction practice in both state and federal courts. CONTACT Patrick F. McCann Law Offices of Patrick F. McCann 700 Louisiana, Ste 3950 Houston, Texas 77002 Tel: 713-223-3805 www.writlawyer.net YOU HAVE NOTHING TO LOSE BUT YOUR CHAINS. www. lawyer-monthly .com 89 Expert Insight JUL 2019