The Champion

June 2011 , Page 55 

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Informal Opinion

By Roger Futerman

Be Attentive And Get Lucky: An Amazing Real Life Story

As I go into my 12th year as a criminal defense lawyer, I have learned that the element of luck in a successful jury verdict is underestimated. I believe that any good trial lawyer will say it does not matter how much an attorney prepares or how strong the case is, if the attorney does not have luck on his or her side, or if the attorney has a hostile jury, the case can be lost. I am sure lawyers have countless stories. I am a great believer in the statement made by golf legend Gary Player, who said the more he practiced, the luckier he got. Thus, seemingly the more a defense attorney prepares for trial, the luckier and more likely it is that the attorney will secure a victory. Bad luck can lead to disastrous results, regardless of how much an attorney prepares.

This compelling story occurred in Hillsborough County, Fla. It was my client’s fifth DUI and he blew in excess of .20. The State wanted prison, but my client believed we co

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