to you. He will not be accessible and he will return his calls, if at all, days after they were received. His office staff are stressed, overworked, and probably underpaid. In short, the inappropriate attorney is disorganized and has poor work habits.
Representation Style The inappropriate attorney is reactive. He waits for the opposition to make their move and then he reacts. He is like the football team that has no offense. His strategy? Let’s wait for the opposition to make enough mistakes for us to win.
Perhaps no other factor is more associated with disastrous results in false abuse cases! Cases involving false allegations of child sexual abuse require a proactive attorney. It is not enough to “defend” the client. Our national experience indicates that attorneys need to be running out of the blocks! They need to vigorously assert their theory of the case from the onset. Beware of the attorney who says, “Let’s see what the other side does and then we’ll see what we’ll do.”
Case Management The inappropriate attorney is not organized. He will work on one activity and then the next. He will run from one brushfire to another. He will generally spend much time doing “damage control” in the areas that he should have been working in the first place. He will not manage the case. The case will manage him!
Expert Consultation The inappropriate attorney speaks directly to God. He knows everything. He believes that his fast-talking rhetoric will “destroy” the opposition. He considers expert consultation to be a waste of money [Money that he can collect in fees]. He will ultimately not understand the expert strategies presented by the opposition. And almost always, he will not prevail in court.
Creativity The inappropriate attorney has a “formula” for trying your case. He fits your case into the way he likes to work. He is dogmatic in his approach. In contrast to the open mind of the appropriate attorney, the inappropriate attorney must “do it his way.” He has a major investment in his ego and advocates for his ego on a regular basis. When he loses his case, which is much more often than he will admit, he blames the judge or the jury. He tells his clients, “I don’t know what went wrong with that judge [or jury].” In fact, he rarely listens, he rarely considers the unique aspects of the case, in short, he is out of touch with the case.
Team Work False allegation cases are complex, pervasive, and extensive. Appropriate attorneys know this and have long become team players who rely on consulting experts, investigators, and all who can help in the development of an effective defense not the least of which is the client. As the trial date approaches the “team” is ready to go. An appropriate attorney will not hesitate to ask for help. He takes pride in this victories above all!
The inappropriate attorney is a solo act. When his client talks he hardly listens. He often seems preoccupied with other matters. He does not see the need for a team. He is the team.
Client Relations The inappropriate attorney works on a “case” without respect for the “client” whose life swings in the balance. He has little understanding or tolerance for the emotional turmoil and fears that the client faces. He keeps his client in the dark. He often considers those who are falsely accused to be “problem clients”. He has severed the human dimension from the practice of law. Often the client feels as if his sole function is writing checks.
If you have experienced any of these “danger signs”, call Nichols Consulting for a free initial consultation.
If I am having any of these problems with my lawyer does it mean I have to change lawyers?
It depends. Sometimes bringing in a consulting firm can get a lawyer on the right track. Sometimes bringing in another lawyer to “assist” will do the trick. Often you will either have to replace the attorney or ask him to assist another attorney.
Isn’t changing lawyers expensive and bad for my case?
There will be additional expenses associated with changing attorneys, but the expenses will not be nearly as great as losing a child sexual abuse case!
I am completely innocent, do I really have much to worry about?
Yes, because there are more false convictions in child sexual abuse cases than any other kind of case. This is because these kind of cases often rest on the unsubstantiated testimony of children with no physical evidence. Forensic experts, psychologists and social workers, provide testimony that bolsters the testimony of children based upon “junk science”. Attorneys, without the benefit of the true research and winning strategies, try these cases as “credibility” cases, and not surprisingly, the children are seen as credible and the falsely accused are often falsely convicted. And what is the most commonly used basis for appeal in a false conviction case? Ineffective assistance of counsel. Our national experience shows that the time to address “ineffective assistance of counsel” is before there is a false conviction. We are prepared to help you form an appropriate defense team.
Why should I have to hire a consulting firm, isn’t having a lawyer enough?
In every case where child sexual abuse is alleged the state has a department of social services and its special sex abuse units at their side. These are social workers and other mental health professionals helping the prosecution every step of the way.
Now if there were a department of social services with a special false allegations unit to help your attorney every step of the way, would you think your attorney should take advantage of this help? Of course you would, and you have also answered your question: Our consulting firm levels the playing field by giving both sides the benefit of expert consultation. What is more, since Nichols Consulting is on the cutting edge of the latest scientific breakthroughs in the area of child sexual abuse, we believe that we give you the advantage of being able to formulate and execute a case that cuts through the “junk science” most responsible for false convictions.
How much does it cost to hire Nichols Consulting?
In over twenty years of professional practice we have found that the consulting services we provide add nothing to the overall costs of bringing about a successful resolution to a false allegations case. That is to say, the work we perform dramatically cuts down on the work that your attorney has to perform.
America’s top litigators welcome our work in assuring that every forensic base is covered, that every psychosocial factor is considered in developing a theory of the case, and that every rock is turned over in formulating a case that can give you every possible advantage.
Other attorneys, primarily concerned about the fees that we are able to extract, do not welcome our services.
In many cases attorneys familiar with our work will retain us at no additional cost to you.
What if I want your help but my lawyer doesn’t?
Considering who will suffer the most if you lose this case, we would suggest that you do what you think is in your best interest. Attorneys who intimidate and strike fear in the hearts of their clients are, in our opinion, a disgrace to their profession.
How much should it cost me to try my case?
There is no generic answer to this question. It is dependent upon a great number of factors. We can, however, estimate the cost for you after you provide some basic information. This service is provided at no charge as part of your initial consultation.
When I call Nichols Consulting is my conversation confidential?
Yes,
