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FAQs - Client Involvement 

4. If It's My Case, Why Can't I Make All The Decisions?

It simply isnít feasible for clients to make all the decision regarding their cases. Some decisions an attorney needs to make because of his/her professional experience and, because of the spontaneous nature of that procedure. Decisions like how to pick the jury are largely beyond the control of the clients. Similarly, in the heat of a trial, attorneys often need to make judgment calls on the spot about how to question a witness and cannot confer with the client for each question. Nevertheless, some trial-related decisions that defense attorneys should make only after consultation with clients include:

What witness to call;
Whether and how to cross-examine prosecution witnesses;
What trial motions to make; and
What evidence to introduce.

Many attorneys think these decisions should be entirely in their hands. Clients who want a voice in as many decisions as possible should discuss their wishes with their attorneys at the outset of the case.

 
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