No, thank you!

Public defending is not the most client-driven of law practices. Appellate defending is even less client-driven, because the record is what it is and the client has little say in what gets raised on appeal. Habeas is an odd duck, however, because the clients have no constitutional right to counsel, and by the time they get to me they've been trying to raise their claims pro se for months, years, or even (as in one of my pending cases) over a decade. So while my typical habeas client is really, really happy to have had counsel appointed for him at last, he is also pretty attached to his own vision of his case.

Often, this leads to frustration for both of us, as I try to explain why we need to drop virtually all of the claims in the pro se petition, or why I'm not optimistic about a particular set of issues despite the obvious constitutional error from which they arise. And I suspect that sometimes a habeas client wishes he was still acting as his own counsel, since fighting his solo battles has provided an outlet for his time and energy and a buffer zone against despair.

I try to respect my clients' pro se efforts, and to acknowledge the competence they've displayed in presenting their claims sufficiently to convince a judge that the case warrants appointment of counsel. I let them know that I value their suggestions and appreciate receiving the fruits of their research labors. I try to keep them informed as I investigate their cases and research their claims, and I try to ensure that they feel a part of my strategy decisions. Because for most of my clients, it's been a long time since they've been treated with respect or compassion by pretty much anyone.

Just as my practice isn't driven so much by what my client wants, it also is not dependent on whether or not my client thinks I'm doing a good job. In contrast to my years in private practice, where I had to kiss clients' butts and let them review and edit (a/k/a totally screw up) drafts of my briefs and file motions I thought were a waste of my time and their money, in this job I am pretty much the master of my little domain. Sometimes my clients thank me, sometimes they don't. Sometimes they send me holiday cards or beautiful artwork they've made in prison, and sometimes they do nothing but bitch and moan about the injustices inflicted upon them (even when I win their cases). So if I needed positive reinforcement from my clients to stay motivated, this job would not suit me terribly well.

Still, there are those rare moments that let me know I'm doing okay, and maybe -- just maybe -- I'm getting the hang of this habeas thing. Yesterday, it was these words* from a client that brought a smile to my face and made it all worthwhile: "The way you compose and execute your arguments, temper the authority, and nudge them gently to general understandability -- you are sheer poetry at work."

And that, my friends, is all it takes to make my day.
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*slightly paraphrased to protect confidentiality.