Normally, when someone retains the services of a criminal attorney to represent them, there usually is a very serious problem. In most cases, the attorney that was retained does an honorable job, conducts discovery, researches laws specific to the case they are defending and properly prepares themselves and their clients for trial.

Unfortunately, that is not always the case. There are some attorneys who have no regard or concern for their client, attempt to defend them with no preparation whatsoever and say, "Well, I did the best I could," when their client is convicted of crimes they never committed.

Worse yet, when, and if, the client realizes they were convicted because of ineffective assistance of counsel and they attempt to get another attorney to help them, they are usually faced with, "Oh, I could not get involved in filing a lawsuit against another attorney."

The fact is, there are attorneys who will take a legal malpractice case, but even if you cannot locate an attorney, all is not lost. We have seen clients who filed suits against their former attorneys "Pro Se," or without a lawyer. That is a basic constitutional right.

The real key to winning a case of this nature is to first, and very quietly, prepare a full report or document containing every incident that would or could be used as a basis for an ineffective assistance of counsel or legal malpractice lawsuit. It is vital to realistically determine if there really is a case. This should be done even before you ever attempt to consult any attorney. By taking this step, when you do talk with an attorney, you have specific facts to present to them that will not be seen simply as "sour grapes" because you are angry at your former attorney.

Obviously, the first order of business is to determine what a reasonable attorney would, or should have done under the circumstances. For some insight into that, I would recommend that you read our page, Your Attorney, and all the links attached to that page.

I specialize in defending clients who have been falsely accused of molesting children and notice, I said "falsely." I tell clients going into a case that I do not defend child molesters and if I find that they are guilty, I stop all work and the client forfeits any and all fees they may have paid me. The point is, I have a choice as to whom I work for and that is somewhat different than most attorneys. Attorneys generally defend clients because it is their job and if their client were to ask their attorney if they think they are guilty, the attorney will simply say that does not matter, they are entitled to the best defense possible. Well, it does matter. False allegations of child sexual abuse are the most difficult cases to win because of the emotion involved. No one wants to tell a crying child they are a liar, but that is exactly what must happen for a judge or jury to acquit an accused who was charged with molesting that child.

One of my problems in these cases are some of the attorneys who are, or who have been involved. Many treat the case as a job, with no emotion and simply go through the motions of preparing a defense. In reality, many don't even prepare that defense until the eve of trial. I have seen some of the most uncaring, egotistical, arrogant attorneys imaginable and the shame is, they have someone's very life in their hands. No one person has all the answers and when responsible for defending someone's life, there should be no egos involved.

The fact is, most attorneys have no experience at handling sexual abuse cases. On, I realize some will yell, "But I was a prosecutor and I have a lot of experience." No question, they probably do, but there is a world of difference in presenting a sexual abuse case as a prosecutor than there is in defending the accuser in that same case. Also, many attorneys will tell you they have a great deal of experience in defending sex abuse cases, but they have no idea who the experts are, have never used any of them and they have no idea what the current scientific literature says on various subjects they will probably encounter as they prepare for trial.

I am as passionate about defending a client who has been falsely accused of child abuse as I am in assuring that I am not representing a child molester. For that reason, I believe in preparing as prefect a defense as possible and one of the first things I look at in any case I take is the attorney. Where exactly do they stand? What have they accomplished? Is their heart in the defense or are they simply going through the motions. Are they open to any assistance? The fact is, based on the guidelines of the American Bar Association, if an attorney takes a case they are not familiar with, it is incumbent on them to associate themselves with someone who does have knowledge.

I have worked on and consulted in many cases, assisted in many trials and I have been involved in a number of wrongful convictions. In every wrongful conviction case I have ever seen, the issue always came down to ineffective assistance of counsel, one way or another. Some attorney was simply to lazy to do their job properly, or they depended on their "big shot" "courtroom appearance" to get them through it. They failed and becasue of that, an innocent person was sent to prison and a family was destroyed.

We investigate these legal malpractice cases for clients, worldwide and I have absolutely no problem at all dissecting a case and identifying the problems for exactly what they are. That is not difficult because I have worked with some of the best attorneys in this country and over the past 40 years, they have taught me how it should be done. For further information regarding our company or services, click the link below to go to our home page.

You have accessed one of the many pages here at the Cowling Investigations, Inc., a False Allegation Defense Website. For an explanation of how we assist our clients who have been falsely accused, see Our Expertise, We Can Help. If you have been falsely accused, see What to Do - What Not to Do When Falsely Accused.