Introduction

In the legal profession, the responsibility to provide competent representation for clients is a core ethical duty. Yet, in the realm of DUI and DUID cases, there is an alarming trend of attorneys who lack the necessary specialized knowledge and skills to effectively represent those accused of these complex crimes. The consequences of this issue are far-reaching, affecting not just the accused individuals and their families, but also the integrity of the legal system itself.

The Problem: Inadequate Knowledge and Training

A significant number of attorneys who represent clients in DUI and DUID cases lack adequate training and knowledge in the critical areas of DUI law and the underlying science. The complexities of these cases demand specialized expertise in areas such as Standardized Field Sobriety Testing (SFST), breath testing, gas chromatography, liquid chromatography, and pharmacology. Without this specialized knowledge, attorneys are ill-equipped to identify and challenge flawed evidence, leading to an increased risk of false convictions.

The Impact: False Convictions and Broken Lives

The consequences of inadequate representation in DUI and DUID cases extend far beyond case files and dollars. False convictions can shatter lives, leaving innocent individuals to face the repercussions of a criminal record, financial burdens, and the emotional trauma of being wrongfully accused. Families are torn apart, with children and spouses suffering the collateral damage of a loved one’s false conviction. The repercussions can be long-lasting, impacting careers, relationships, and mental health.

The Solution: A Call to Action for Attorneys

As legal professionals, it is incumbent upon us to recognize the profound responsibility we have to our clients and the legal system. We must acknowledge that simply picking up a DUI or DUID case does not mean we are qualified to handle it effectively. Instead, we must commit to the following actions:

1. Pursue Specialized Training: Attorneys who wish to represent clients in DUI and DUID cases must seek out and complete specialized training in the relevant areas of law and science. This training should be ongoing, ensuring that attorneys stay up-to-date with the latest advancements and legal precedents.
2. Recognize Our Limitations: Attorneys must be honest with themselves about their expertise and competence in handling DUI and DUID cases. If we lack the necessary knowledge and training, we should refer the case to a qualified colleague or seek assistance from experts in the field.
3. Prioritize Our Clients’ Needs: In every case we handle, we must remember that our clients are more than just case files and dollar signs. They are real people with families, careers, and futures on the line. We owe it to them to provide the best representation possible, ensuring that their rights are protected and false convictions are avoided.

Conclusion

The time for action is now. The legal profession must collectively address the issue of inadequate representation in DUI and DUID cases, prioritizing the acquisition of specialized knowledge and training. By doing so, we can help prevent false convictions, safeguard the rights of the accused, and uphold the integrity of our legal system. Let this manifesto serve as a wake-up call for attorneys everywhere: Learn, then help. Do the right thing for our clients, their families, and the justice system as a whole.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.