Jeffrey Alan Hill

Jeffrey Hill

Scott, it is always sad when someone is sentenced to prison, and it is understandable that you are not happy about it. Because of my ethical duties and the attorney-client privilege, I am unable to discuss anything specific about your stepson’s case. I would like to address your concerns in a non-case specific manner, though. Most importantly, if I did not want to do indigent defense work, I would not do it. There is plenty of other work to do that pays better. I do it, however, because I believe in it. Just as I believe in the pro bono (free) work that I do. It is the same as a doctor who provides free or low-cost care at a community health clinic while maintaining his or her private practice. Whether my client is court-appointed, pro bono or has retained me, I provide the same quality of representation because I swore an oath to do so. Regarding Potter County paying a flat fee per case, that only applies to cases that are resolved via plea. Cases that go to trial convert to a reasonable hourly fee. In those cases, the fee paid can be up to 10 to 20 times or more than the flat fee. Therefore, it is virtually always in my financial best interest to take a case to trial. So, for me to ignore piles of evidence, facts, and witnesses that I could investigate, bill for, and go to trial with, just to pick up a smaller pay check, does not make sense. Unfortunately, sometimes a client or their family thinks they have piles of evidence, facts, and witnesses, when in fact all they have is irrelevant information or information that can easily be discredited by the state at trail. When I counsel a client to take a plea agreement, I am working against my own self-interest. Even so, it is unethical and wrong to advise a client to go to trial when that is not the best thing for their situation. Moreover, I am a trial lawyer, and I live to go to trial. I love to beat the state. Every time I win a trial, it benefits not only that client but every client that comes after them because the state becomes less willing to want to go up against me at trial. This leads to better plea deals for my clients that need them. Sometimes, however, clients have done things or put themselves in situations where all you can do is try to minimize the damage coming their way. In those cases, a trial is not the best thing for them. As for a client’s choices, I have never told a client to take 15 years in prison or do life just to force a plea—nor would I ever do that. What I will do is present their legal options to them and discuss the pros and cons of each based on the evidence the state has against them. The decision to accept a negotiated plea agreement, enter an open plea, or have a trial is ultimately and always the client’s. Finally, when a person enters into a plea agreement, they sign a paragraph stating that they are pleading guilty because they are guilty and for no other reason. They also sign a paragraph stating that they are satisfied with the representation their attorney provided. Then, virtually all judges will ask them the same questions in open court. So, if your stepson felt he was not guilty or was not receiving competent representation, he had two chances to make that known. Not only that, but he could have asked me to withdraw from his case at any time or he could have filed a grievance against me with the State Bar of Texas. Sometimes, however, families do not know everything about a case, and they jump to conclusions because they are grieving. And, sometimes, the easiest thing to do is to just blame the lawyer. If you will take the time to read my other reviews, many of which were written by court appointed clients, you will see that I take my job very seriously. I am very sorry your stepson is incarcerated, and I wish him the best.