If Your Defense Counsel Does This...Maybe Find a New Lawyer

I don't know Philadelphia lawyer B. David Marcial but I imagine he's not thrilled with the reason that I know who he is today. Apparently, Attorney Marcial and his client showed up 50 minutes late for jury selection on a drug case on Monday (May 6, 2013) in Berks County, Pennsylvania. In response to Attorney Marcial's tardiness, Justice Stephen B. Lieberman ordered both men held in the courthouse cell block.

"We were all here at 9 a.m. for a jury trial and the defense table was empty," said the judge, who had dismissed the prospects not long before the two arrived. "We wasted a jury panel."

Four hours later, Lieberman had both brought before him for a hearing. Marcial, who must also pay a $1,000 fine within 60 days or serve 10 days in prison, explained that personal problems kept him up late and then a receptionist at a local hotel failed to give him a wake-up call, the newspaper recounts. He left the courthouse after the hearing but Ortiz was transported to the county jail.

I do very little criminal defense work, typically I will only represent a client in a criminal case if I have a prior relationship with said client. However, one thing that I always stress to my clients, my co-workers, my subordinates and a quality that I value in myself, is timeliness. Vince Lombardi is famously quoted as saying that being 15 minutes early is 15 minutes late. That is a motto that I attempt to adhere to. It's not often that I am late for the call of a list -- and if I am going to be late, I always make sure that I've contacted the clerk's office or the judge's clerk to make sure everyone is aware of my situation.

The fact that Attorney Marcial and his drug client showed up almost an hour late and the best excuse that Marcial came up with was essentially "I overslept" is baffling to me. There is a part of this story that isn't being told, mainly why both Marcial and his client were apparently separately 50 minutes late, though I guess it is possible that they were going to appear before the Court together, the fact that both of them were held on bail, and that Attorney Marcial now faces actual jail time for his contempt of court is telling.

Now, obviously I do not know what type of personal problems Attorney Marcial is going through, and honestly I have the utmost sympathy for him and his situation -- no matter what the truth is, this is a tough situation. But, the first thing that your taught in law school is that tardiness will not be tolerated. I was told on more than one occasion that if you showed up for a final 1 minute late you would not be able to take the exam As an attorney, your reputation is your marketing tool -- and unfortunately for Attorney Marcial, his reputation will suffer because of whatever happened on Monday morning.