Daniel Phillips | Gadsden Criminal Lawyer

• Member, Alabama State Bar Association
• Member, Etowah County Bar Association
• Member, Etowah County Chapter American Inn of Court
• Attorney for PBA, Police Benevolent Association

I was first chair in a capital murder that was high profile due to victim and how the murder occurred. Despite the prosecution having a taped confession, a paper trail, and the murder weapon we were able to negotiate a plea in which the client will be eligible for parole instead of life without parole or the death sentence. I was also one of three attorneys involved in a wrongful death civil action in which the defendants murdered a child in a thrill killing. We were able to settle the case for one of the largest civil awards in the county's history.

A practice is not more successful than the relationship between the client and attorney. The most common complaint against attorneys is for not returning calls. I have always made this a priority even if the call is nothing more than a status update. An arrest or lawsuit is always stressful for the client and I believe it is my duty to relieve that stress as much as I can. The second complaint is that the attorney wasn't honest, that the client was led to expect an unrealistic result without being told of the other options. I will always be honest and layout the various options and what I believe to be the realistic probable end. The last is integrity. My main concern is for my client, their well being, and that they are represented to the best of my ability.

A client should always meet the attorney and be assured that they can meet them again. Its not right nor fair for a client be lulled in by a large or expensive ad and then meet only assistants and secretaries or after handing their money over to never see the attorney again. Ask the attorney questions, get the answers you need to know, and then make a decision. Not everyone gets along. If the attorney and client's personalities clash, its not going to work and both will regret it.

Every county has its own way of doing things, its own procedures and expectations. A local attorney is ahead of the curve in knowing what is expected. A judge gets to observe the attorneys that practice regularly before them. They come to know that attorney's integrity, his ability, and his other attributes.

Telephone calls are for getting general answers to broad questions. A meeting is to narrow that answers to specific circumstances. When calling, an attorney needs to know what area that is being talked about, ie a divorce, an arrest, a lawsuit, etc., first. Then who the parties involved are, the time frame, then the problem. An example could be , "I was divorce 3 years ago, I have custody of my 2 children, my exspouse has filed for a modification of custody, and I was served a week ago." A meeting will flesh out all the circumstances, defenses, and problems. A call will point out the most immediate such as remaining time to answer.

I am a retired police captain from the local police department. I believe I have a keener understanding of how a criminal case is prepared and what the police did right and what they did wrong. Having spent almost my entire adult life assisting the public I believe I am more responsive to phone calls and requests for help. This investment of myself goes across all of my practice and clients.

The most rewarding aspect of my job is to make the system work for my client. The framework is already there but unless it is forced, a case will go along the path of least resistance which very well may not be what is correct and just. If a search was illegal, challenge it. If one spouse is trying to starve out the other in a divorce, make it a more level playing field.

I'm an avid hiker having completed the Pinhoti Trail in both Alabama and Georgia. I'm not on the Benton McKay Trail. I love the outdoors and try to spend most weekends camping.