As an attorney, you’re always trying to outthink the other attorney or prosecutor. So, yes, I did a lot of thinking in my head about “if I say this, will he say or do that?” Or I may ask myself questions. “Should I ask for a 10 minute recess?” “Should I object?” It would be crazy at times. Glad those days are over.
The worse part is defending someone that has admitted to me they were guilty. I defended a man that was accused of raping 2 women. He told me he was guilty, but didn’t want to go to jail. The man had money, so I asked him why he didn’t get a hooker. He told me that was no fun. It was fun seeing the women being scared because he held a knife to their throats. On the second day of trial, I asked the judge to be excused as his attorney. He asked for what reason. I asked to see him in his chambers, which he allowed.
After I spoke to the judge and told him that knowing my client’s position and the crimes he committed, it was just too much for me to give him a proper defense. The judge excused me.
I had to ask myself, “Did I do the right thing?” That was because the suspect would have to get a new attorney and prepare for court. The court trial had to be delayed 6 weeks. That’s not good when judges have their docket all lined up and you intervene and screw up the docket.