Is Brad Clark a decent attorney?

Posted in the Lexington-Fayette Forum

curious

Lexington, KY

#1 Jan 7, 2014
Have heard he is not.
Lets Hope

Lexington, KY

#2 Jan 8, 2014
Errol Cooper is pretty good.
Give It

United States

#3 Jan 9, 2014
The Heavy Hitter is the way to go DARRELL ISSACS
good

Frankfort, KY

#4 Feb 1, 2014
really. he's as good as anybody over at the public defender's office. if you have him you are LUCKY.
LexiLex

United States

#5 Feb 1, 2014
In my experience, if you're able to actually get ahold of him, or get any information from him, consider yourself lucky. Oh, and constantly late for court. But the case went positively, so I suppose he did what he was "hired" to do.

Since: Aug 10

Location hidden

#6 Feb 1, 2014
curious wrote:
Have heard he is not.
You heard correctly. He was assigned to a case of a friend of mine and he allowed the prosecutor to drag her case out for 2 years. He even tried to talk her into accepting a plea deal made by the prosecutor just to get the case over with. He made it even more inconvenient for her by not taking into consideration her life on the outside, as if she didnt have a job, life, or a family.

He secretly met with a relative of hers behind her back in order to get some information on her. Last time i checked that type of thing was considered an attorney/client privilege relationship.

Any attorney who tries to convince his own client to accept a plea offer while telling them he believes they are innocent is a piece of sh*t.

Her case ended up being dismissed. He did nothing to help see thatbit was dismissed. The only reason it was is because she showed upbto all of her appearances and because the Commonwealth didnt have a very strong case to begin with. They would rather someone accept a plea than dismiss a case. It was a case that he had no real interest in anyway and was waiting on something better...a better case to work out with that particular prosecutor because that is what they do.

Bottom line, no, not a good attorney from what i have seen.
Not Until

Lexington, KY

#7 Feb 2, 2014
Friends,thats what they all are.I don't care who you get,defense or prosecutor,they are all friends at the end of the day.The legal system is a community all in itself.Luck of the draw,if you ask me.

Since: Aug 10

Location hidden

#8 Feb 2, 2014
Yep!!
BradClark

Lexington, KY

#9 Feb 2, 2014
Yep, it's actually me. I'm on Topix looking for some leads for a trial I have coming up (I'm working on a Sunday evening) and I wanted to respond to some of this.

1) I work at the public defender's office. I do this not because of a lack of opportunities (I graduated with honors from the top ranked law school in the state), but because I believe that the fact that our legal system discriminates against the poor and minorities is one of the biggest human rights violations of our time. I care deeply about every one of my cases, and I will be the first to tell you that while I am very good, I am not perfect. The government does not fund the public defender system close to the level to offer perfect representation. Last year I handled nearly 600 felony cases. The National Advisory Commission on Criminal Justice Standards and Goals recommends no attorney handle more than 150 felonies in a year. Imagine going to work every day expected to handle the amount of work that should be assigned to four people. It's not fair to defendants, but it's our system. I do the best I can, and really, I am quite good.

2) As a public defender I have over 150 felony cases open at any given time. I am in court for about 40% of the hours the office is open and we are answering calls. Another 30% of the time I am visiting clients in jail. I try very hard to take every call when I am in the office and to return those when I am not. I understand that everyone's case is very important to them, and they are all important to me. But, it's important that every individual client understand that while I am working on their case there are 149 others I am not working on. So if it seems like I'm ignoring someone, it's not that. I'm just attending to someone else.

3) I am never late for court. Because of a lack of staffing, the public defender's office schedules people to be in multiple places at the same time. LexiLex, if i was late for court for you or your friend, it was almost certainly because I was in another courtroom working on someone else's case that was scheduled at the same time. If I didn't return 100% of your calls, I apologize. What I do care about is that you are happy with the outcome of the case. That is the most important thing to me.

4) Ella, I do not sell out any of my clients to prosecutors. I had the second most trials of any attorney in the public defender's office last year (one mistrial resulting in a dismissal, a high profile murder case with a good result, and another felony trial that ended with a fine on a county ordinance). Meaning I very likely had more felony trials than any private attorney in Fayette County. Moreover, your friend's felony case you are complaining about was dismissed. If she would like to talk to me any more about issues with the case I'd be happy to talk to her. I know she has my phone number and my email address.

I'm happy to answer questions anybody has about the court system and public defenders. I do have to say that these are my opinions, not the opinions of the public defender's office, and that while I may talk about the law, I'm not your lawyer and you shouldn't take any of this as legal advice.

Since: Aug 10

Location hidden

#10 Feb 2, 2014
BradClark wrote:
4) Ella, I do not sell out any of my clients to prosecutors.
Sure appeared that way. The problem was the Commonwealth is use to felons/suspects taking some type of plea offer and getting their case over with by being placing them on probation,having them pay restitution, attend rehab, or something else and the fact that she was not at all interested in any of the Commonwealth's offers was mind boggling and confusing to both sides.

It would have been a hell of a deal for someone with a rap sheet stretching back for years. So she was suppose to just accept any ol' deal thrown at her just because an overzealous prosecutor thought he/she had a case? When it was realized there was no "case", the Commonwealth kept seeking continuances, thinking that she would become tired and just give in and accept a deal.

Wrong.

It is all about getting inside the mind of the opposing side and that is just what she did.

She doesn't get her dignity back.

Since: Aug 10

Location hidden

#11 Feb 2, 2014
Not Until wrote:
Friends,thats what they all are.I don't care who you get,defense or prosecutor,they are all friends at the end of the day.The legal system is a community all in itself.Luck of the draw,if you ask me.
They are enemies in the courtroom and besties outside of court. Yep. It's no secret.
BradClark

Lexington, KY

#12 Feb 2, 2014
Ella,

I do appreciate your comments. I agree that our justice system is designed to convince people to plead guilty. It's unfortunate that the penalty for so many crimes is so steep. But as lawyers we have a duty to communicate any offer the prosecutor makes to the client. And because of the terribly steep penalties, when someone who is looking at going to prison for years on a felony is offered a fine on misdemeanor, sometimes it makes sense for even innocent people to consider the offer. I am glad your friend turned down her offer. The case was dismissed against him/her as it should have been.

The criminal justice system absolutely has a way of denigrating the dignity of people, both the innocent and guilty. In my practice I try to save everyone I can, but I realize that even when someone prevails, whether at trial or by dismissal, that this is not a fun or fair process.

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