for the defense - Voice For The Defense Online
for the defense - Voice For The Defense Online
for the defense - Voice For The Defense Online
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
only <strong>the</strong> attorney and <strong>the</strong> client. But Lawyer Chappell preferred<br />
cli ents who brought in <strong>the</strong> whole family, as many generations<br />
as available, <strong>for</strong> initial consultations. Chappell would invite<br />
<strong>the</strong> whole bunch into his office, and <strong>the</strong>n excuse any unruly<br />
young sters. (Chappell and W.C. Fields had <strong>the</strong> same inimical<br />
opin ion of kids. Chappell kept a poster tacked to <strong>the</strong> back of<br />
his office door that read, “Live long enough to be a problem to<br />
your children.”)<br />
After patiently advising <strong>the</strong> family on all aspects of <strong>the</strong><br />
case and answering everyone’s questions, he would announce<br />
<strong>the</strong> fee with full confidence that all family resources would be<br />
pooled to satisfy his request. <strong>The</strong>n, after collection of <strong>the</strong> fee, he<br />
would explain to everyone <strong>the</strong> meaning of <strong>the</strong> attorney-client<br />
re la tionship that had now been established. Chappell could<br />
no longer ethically discuss any aspects of <strong>the</strong> client’s case with<br />
in quisitive aunts, cousins, grandmo<strong>the</strong>rs, or anyone else. So,<br />
he didn’t.<br />
Call It Even and <strong>The</strong>y’ll Come Back<br />
Chappell tried to collect his attorney fees up front, but most of<br />
his clients were semi-indigent, blue-collar working people. <strong>The</strong>y<br />
lived paycheck to paycheck and usually paid <strong>the</strong>ir bills in weekly<br />
installments. <strong>The</strong> balance of Chappell’s clients—bootleggers,<br />
pros ti tutes, small-time drug dealers, and con artists—depended<br />
on <strong>the</strong> same market of small wage-earners <strong>for</strong> <strong>the</strong>ir illicit income.<br />
So attorney fees were arranged pursuant to weekly installment<br />
plans over a period of time expected to equal <strong>the</strong> likely number<br />
of weeks <strong>the</strong> criminal case would require to be resolved.<br />
Chappell was a master at postponing <strong>the</strong> resolution of<br />
crim i nal cases so each client had plenty of time to pay his fees<br />
in full, but sometimes an uncooperative judge or prosecutor<br />
would get in <strong>the</strong> way. Nothing chapped Chappell more than<br />
a “stupid judge” pushing him to resolve a case be<strong>for</strong>e he had<br />
col lected his fee in full, but sometimes it happened.<br />
When a case was resolved without <strong>the</strong> client having had<br />
time to pay <strong>the</strong> entire fee, Chappell would “call it even” and <strong>for</strong>give<br />
any outstanding debt. He believed this gesture would keep<br />
<strong>the</strong> client and <strong>the</strong> client’s family loyal to Lawyer Chappell. He<br />
was right, and Chappell’s clients always remained loyal.<br />
Chappell represented several members of a low-income<br />
fam ily over many years. <strong>The</strong> family paid pretty well, but many<br />
times <strong>the</strong>ir fees were <strong>for</strong>given. <strong>The</strong>n, in <strong>the</strong> late ’90s, a tragic<br />
ac ci dent claimed <strong>the</strong> lives of several members of this family.<br />
Of course, <strong>the</strong> survivors came to Chappell’s office <strong>for</strong> help, and<br />
<strong>the</strong>y were referred to a good plaintiff’s lawyer. <strong>The</strong> result was a<br />
multimillion-dollar jury verdict, <strong>the</strong> second-largest verdict in<br />
a car-train accident in Texas history.<br />
Saturday Morning Comin’ Down<br />
Until <strong>the</strong> late 1960s, <strong>the</strong> Lubbock County Courthouse was<br />
open <strong>for</strong> business each Saturday until noon. Judges, lawyers,<br />
and litigants showed up <strong>for</strong> routine uncontested matters such<br />
as prove-up divorces and misdemeanor guilty pleas. Most law<br />
offices opened on Saturday mornings to accommodate this<br />
practice. When it was decided to close <strong>the</strong> courthouse on Satur<br />
days, most Lubbock law offices decided to close shop as well.<br />
Not Chappell. Saturdays were special, and his office was always<br />
open on Saturday mornings. Secretaries weren’t required to<br />
show up, but associates and law clerks were expected to hit <strong>the</strong><br />
of fice bright and early.<br />
Lawyer Chappell would appear by midmorning, usually<br />
at tired in an aging Mexican guayabera shirt. He would share a<br />
breakfast burrito with those ga<strong>the</strong>red, and <strong>the</strong>n hold court in<br />
his special way, entertaining anyone who would listen to his<br />
eclec tic stories and memories. Clients would file in to make<br />
<strong>the</strong>ir weekly payments and take a dose of Chappell’s legal advice.<br />
Law yer buddies would come and go, and an occasional politico<br />
might drop by to shoot <strong>the</strong> breeze.<br />
But Saturday mornings weren’t just <strong>for</strong> fun. Especially in<br />
<strong>the</strong> days be<strong>for</strong>e cell phones, Saturday was an opportunity to<br />
take advantage of <strong>the</strong> business created by Friday night arrests.<br />
On many occasions, <strong>the</strong> phone calls that came in on Saturday<br />
morn ings resulted in Chappell being hired on lucrative criminal<br />
cases.<br />
It is not likely Chappell ever charged a client an hourly fee,<br />
but that never kept him from working on evenings, Saturdays,<br />
Sundays, and holidays to do whatever was necessary to represent<br />
his clients effectively.<br />
Lawyer Chappell’s Tiger Fund<br />
Lawyer Chappell had a unique alternative to <strong>the</strong> modern trust<br />
account. It was called <strong>the</strong> “Tiger Fund.” (This report is written<br />
in <strong>the</strong> strictest confidence, with <strong>the</strong> hope it will not be reported<br />
to anyone in authority. Besides, <strong>the</strong> statute of limitations has<br />
run on this story, and Lawyer Chappell is long gone.)<br />
Until <strong>the</strong> 1980s, when Lubbock’s Municipal Court gained<br />
court-of-record status, litigation in Municipal Court often involved<br />
a plea-bargain system known as “tradeoffs.” A serious<br />
Mu nic i pal Court violation—like speeding really fast—by one<br />
of Chappell’s clients (John), might require a harsh fine. But<br />
Chap pell could use client John’s serious violation to mitigate<br />
ano<strong>the</strong>r client’s (Judy) less serious violation (like speeding really<br />
fast but being Chappell’s neighbor’s daughter). In fact, John’s<br />
trans gression might be so egregious as to <strong>for</strong>give a few dozen<br />
of Chappell’s neighbors’ daughters’ and sons’ really fast speed-<br />
July/August 2008 VOICE FOR THE DEFENSE 31