Beware of Lawyers Claiming They Can Help Your Loved Ones Come Home Early
By Antoinette Kreiselmeier
A recent Charlotte Observer article called Lawsuit: Durham lawyer ghosted prisoners who paid thousands seeking reduced sentences is an example of a sad reality about our society — scammers will exploit any situation. When I shared my disgust about this story with my colleagues at FAMM, I was told about more awful cases in which lawyers “cashed in on criminal justice by fanning the hopes of families.”
As a Family Outreach Associate, my job includes listening to the concerns of our members. I’ve learned that some of our members have been targeted by these lawyers who make big promises about shortening the prison sentences of their loved ones for a large upfront fee, but then fail to deliver. My frustration has only grown. In fact, the discussion in our online group for families often turns to this unfortunate topic.
There is also a deeply personal reason why the Charlotte Observer article bothers me so much. It’s embarrassing to admit, but the truth is a similar article could be written based on what I am experiencing right now!
One way for me to channel my anger is by sharing my story and offering advice to help others avoid my fate.
A picture of me with my son Jay is included with this blog. It was taken inside Somerset State Correctional Institute in Pennsylvania. I wish it had been taken at my home in Pittsburgh. My son was given a life sentence in 1993. Hearing the judge announce that was a soul-crushing experience. It took me years to feel comfortable discussing anything about Jay to people outside of my immediate family. That mindset changed around 2016 thanks to organizations like FAMM when I became a prison and sentencing reform advocate, which I discuss in this video.
While I worked to improve our criminal justice system, I couldn’t stop longing for my son to come home. This year, a friend inside the same prison as Jay recommended a lawyer that could help. I immediately contacted the lawyer. A surge of hope entered both of our minds.
The lawyer was confident about his ability to get Jay released from prison. We talked with the lawyer at least once a week to keep everyone on the same page. But there was a catch: the lawyer’s fee was $10,000. I paid him up front, which turned out to be a huge mistake.
All of the lawyer’s swagger disappeared when he appeared last month in front of the judge to make the case for Jay’s release. Thirty people including myself were there to support my son. The lawyer was like the lead actor in a play getting stage fright on opening night. He was suddenly incapable of answering any of the judge’s questions. He also failed to produce any evidence from his files, which centered around our belief the prosecutors had violated the original plea agreement.
Thankfully, the judge delayed the ruling, and provided us with the transcripts and the opportunity to file for a reconsideration. What happened next made a bad situation worse. Jay sent the lawyer a revised argument based on his decades dealing with the case, but the lawyer ghosted us!
Jay wound up sending the paperwork to the court himself. The judge’s ruling has been further delayed until we can find another lawyer that specializes in guilty pleas and contract law. It’s a mess, but we won’t stop fighting for Jay’s release.
So what is my advice for others in this position?
Before retaining a lawyer, make sure they are thoroughly vetted and specialize in the area of law relating to the specific issue being litigated. A good place to start is to find an attorney is with the bar association in your state. Have consultations with more than one attorney and get a feel for who you and your loved one are the most comfortable with.
Ask many questions such as, “How often and how will you communicate with my loved one inside and with me?” “Will you send us copies of all court-related documents?” “How are your fees structured and what exactly do they cover?” Honestly, I would Google what to ask an attorney in a consultation and print out some sample question lists in case you get nervous.
If you feel as if you have been badly represented, know that you can go to your state’s attorney disciplinary board. This is the authority that determines character and fitness for an attorney to get a law license and enter practice. They also handle ethical, billing, and most types of attorney complaint. They can investigate the situation and have the power to hold attorneys accountable.
These situations are so discouraging. But, knowledge is power. Surround yourself with other families and advocates who can share their knowledge — like about the disciplinary board or an ineffectiveness motion. None of this is foolproof, but every bit helps. The most important thing is to never ever give up on the hope that there will be a picture with your loved one taken in your home in the not-too-distant future.
Antoinette Kreiselmeier is FAMM’s Family Outreach Associate.
