Services
Michael Hamden has long experience as a prisoner advocate and litigator and as the director of one of the largest prisoner rights law firms in the country. He has edited a law school textbook on the subject of correctional law & policy. Hamden has extensive experience in the American Correctional Association’s accreditation process, which is based on national standards and best correctional practices. As a member of the American Bar Association, Hamden has chaired the Corrections Committee and presently serves on the ABA’s Criminal Justice Section Council.
Professional Rules of Responsibility, Ethics & Confidentiality
All attorneys are bound to comport themselves in accordance with professional rules of responsibility. One such rule requires a lawyer to maintain the secrets and confidences of his client. Although there are limited exceptions (for instance, when required by a court of law), lawyers must maintain the confidences and information obtained while working for a client and generally cannot be forced to divulge that information. That duty of discretion and loyalty is also owed the client as a matter of personal integrity. When you retain Hamden Consulting, you may rely upon our professionalism and discretion.
For Correctional Professionals
In General
Hamden is available to provide information and advice regarding emergency circumstances, professional standards, legal requirements, and practical solutions to real world problems. Hamden also offers a range of other services.
Accreditation
Through the American Correctional Association, Hamden has been a member of the Standards Committee (promulgating standards that reflect “best correctional practices,” he has served on the Commission on Accreditation for Corrections (ruling on literally hundreds of applications for accreditation), and as a Certified Accreditation Auditor. With this broad range of accreditation experience, Hamden Consulting offers technical advice and continuing assistance through the accreditation process, extending to representation of a facility at accreditation hearings.
Questionable Facility Conditions
Having litigated and supervised the prosecution of more than a dozen class action challenges to conditions of confinement, Hamden assesses a facility with reference to legal and professional standards in light of governing case law to help officials avoid litigation or to bring the such matters to a swift conclusions.
Assessment
Although our procedures can be altered to fit the needs and desires of our clients, the process usually starts with a comprehensive inspection of the physical plant, interviews with staff and offenders, an inquiry into actual practices in light of existing policy and procedure, an evaluation of the adequacy of those procedures, and an oral report to the facility administrator and whomever the client wishes to have in attendance. (Written reports may also be prepared, depending on the client’s preference. If the report is written, it may be “discoverable” though such reports would ordinarily be protected by the client/attorney relationship and the doctrine of attorney work-product.)
Report
The report will address both exemplary practices and challenges, providing specific, detailed information. In addition, concrete recommendations will be offered, together with reference materials, useful contact information, and such other information as may be useful.
Plan of Action
If requested, Hamden can work alone or in close cooperation with key stakeholders to develop a realistic, practical, and cost-conscious plan to address all deficiencies, ranging from assistance in the development or revision of policies to discussion of appropriations necessary to accomplish compliance with the law. Our client decides the level of detail contained in the Plan of Action and the extent to which our involvement in its implementation is desired.
System Wide Coordination & Politics
Often, turf battles, uninformed opinion, and political considerations pose substantial impediments for correctional professionals who wish to address institutional and organizational deficiencies. For more than two decades, we have had considerable success in overcoming these obstacles to achieve consensus – including advice in securing necessary fiscal appropriationsand cultivating interdepartmental cooperation that ensures success.
Instruction & Training
Close attention to legislative developments at both the state and federal level, together with involvement with professional associations a national network of corrections officials, scholars, and advocates, all aid in helping us stay abreast of emerging issues. This information can be of significant value to law enforcement authorities and others. For instance, in a recent notification sent to North Carolina sheriffs, jail administrators, and prisoner advocates, we were able to provide timely notice of the publication of proposed standards promulgated by the National Prison Rape Elimination Commission. Because virtually every correctional agency in the country will be affected by the final regulations, and because the period for comment was only about 45 days, getting out the word was of tremendous value.
Beyond familiarity with current events, Hamden Consulting monitors developments in governing law, surveys the field to ascertain the range of opinion about the scope and meaning of such developments, assesses their impact on clients, and shares such information in clear terms that can be applied in practical, realistic ways.
Thus, Hamden is available to provide instruction on a wide range of subjects relevant to correctional officers and others, including the freedom to (and limitations upon the) practice one’s religion in a correctional context, conditions of confinement (requiring provision of the basic necessities of life (including health care, exercise, food, clothing, and so forth), the use of force, disciplinary procedures, the protection of prisoners from violence, fire safety considerations, and visitation. Courses are also offered on specific legislation, such as the Americans with Disabilities Act, the Land Use and Religious Freedom Act, the Prison Litigation Act, and other laws of interest. Hamden also offers training on correctional professionalism, including the mission, duties, and prerogatives of correctional professionals. (When requested by the client, similar training is available for prisoners, which can positively impact the atmosphere and culture of a correctional facility.)
For Legal Counsel and the Court
When parties to a legal dispute are unable to resolve their differences through mediation and compromise, it may be necessary to resolve the matter in a court of law. For many reasons, an “extra-judicial” settlement of a dispute is almost always preferable to litigation. Hamden Consulting is available to provide fair, objective assistance in helping the parties to resolve such disputes.
When parties in contention cannot otherwise resolve their differences, litigation may ensue. The courts exist to do justice, and litigation is the best mechanism yet devised to discover the truth and to achieve justice. Hamden Consulting is available to assess the merits of a case, and where appropriate, to serve as an expert witness. We offer expert services in litigation to plaintiffs, defendants, and the court (to inquire into specific matters, or as a “special master”).
Retaining Hamden Consulting
Contact us for assistance with emergency circumstances, or to discuss more involved services.
Initial consultations are without charge, and emergency services are billed at an hourly rate. Please inquire about our rates at the time of your call.
Otherwise, unless you are asked to do so, please do not share any sensitive, confidential, or potentially embarrassing information in our first consultation because we cannot promise that we will be able to hold it in confidence. The client/attorney relationship, together with the legal protections for confidential information, are established when both parties enter into such a relationship. As a matter of policy, Hamden Consulting establishes such relationships through written agreements in which the parties set out the terms of representation. Once the papers have been drawn up and signed, the client/attorney relationship begins. We make an exception to this policy only in emergency circumstances, and when we agree to establish such a relationship for the purpose of addressing the emergency (and nothing more).
