I'm having a bad day. Bad week, actually.
Maybe you'll have some advice that can help me.
I'm trying a case where my client has a co-defendant. The co-defendant is represented by a lawyer not from my office (the lawyer is known as my co-counsel).
That lawyer has had criminal trials before (but very few), and has been a lawyer for much longer than me.
Here's the thing... she kind of sucks. And I don't think she realizes it.
And it's not like she's doing something terrible to help her client and sabotage my client. It's like she has no idea what she's doing and she's hurting both of our clients.
She's trying, it's not like she's sitting back and not doing anything (I could handle that, I could make up for that), it's like she's getting in the way and making all of the wrong arguments.
Here's an example... There was an aspect of the case, a small element, that I thought the prosecution wouldn't prove. Not because I didn't think they could prove it, but I thought there was a chance the prosecutor would just forget about it. And guess what... he did!
And that was it. Now we just had to sit there and be quiet until the case was over so that the prosecutor wouldn't figure it out.
And guess what my co-counsel did... She got up and asked the question.
Except she's done this kind of thing throughout the case.
And it's funny, because clients are kind of clueless sometimes about when things are going well, and when things aren't. Her client keeps saying to me, "Come with me to the judge and tell the judge my lawyer is incompetent." And I have to keep saying, "No, your lawyer is really trying," or "She has her own strategy." When what I really want to say is, "Yeah, and while you're at it, can you find some way to get us all a mistrial?"
Meanwhile, my client keeps telling me, "That other lawyer is really good. She asks them all of the tough questions. They weren't even going to bring up that one thing, they didn't even know what they were doing." Yes, exactly, that's the point! But I don't want to bad mouth her.
So... any suggestions? How can I tell her, "You know, why don't you just sit back and let me try the case... because YOU SUCK!" without, you know, ruining her confidence for the rest of the case?
In the meantime, pray for a time machine so we can go back in time and try harder for that severance I wasn't too worried about.