Life’s Too Short
Scott Greenfield at Simple Justice put up a post earlier today about the disturbing phenomenon of new lawyers teaching continuing legal education courses. It’s a must-read that brings a story to mind. Pretty much every year I attend the Arizona Public Defender Association’s Annual Statewide Conference. I am perpetually surprised by the lack of the experience of many of the presenters and the depth of experience of most of those who sit in the audience. One particular situation arising from that continues to amuse me years later. For a few years, I’ve frequently sought advice from an appellate public defender I met through my wife. To say I admire him greatly would be an understatement. He’s amazing. He’s been licensed since 1975 and is an encyclopedia … Read entire article »
Filed under: CLE
The Shame of Doing Wrong
If you’re ashamed of what you’re doing, maybe you should reconsider doing it. It seems simple enough, right? I frequently deal with people who have serious substance abuse and mental health issues. They are usually fairly aware of their problems. Although many are incapable of fixing them, I see complete denial less often than I would have expected before I began practicing law. The shameful rock bottom moment, typically the moment that led to them needing my services, is the sort of thing that makes most of them shudder. The embarrassment can help commit them to change, but it can also depress them, leading right back onto the destructive path that caused the problem in the first place. Whether awareness of the need to change … Read entire article »
Filed under: Prosecutors
No-Effort Marketing
I get a lot of emails trying to sell me online services. I ignore most of them, but this one caught my eye: It appears to be some sort of service allowing me to compare other lawyers’ online marketing with my own. I’m not positive because I have absolutely no interest in exploring the depth of other lawyers’ desperation in a slow economy. The service itself wasn’t what interested me, anyway. What interested me was the first lawyer listed in the email, a “local competitor” they claim is using online marketing to “attract customers” away from my business. I find that statement problematic because that particular lawyer was recently disbarred and is presently being held without bond after being charged with sexual abuse, sexual misconduct with a minor, … Read entire article »
Filed under: Marketing
It’s Lonely Being Perfect
I set aside a few hours on several different days during my recent hike to make sure everything was okay back at the firm. On those partial “work” days, I mostly made sure my clients were happy and everything was going as planned in their cases. I returned calls from a few prospective clients as well. At first, the prospective clients would leave polite messages. They’d ask that I call them back at my convenience, acknowledging that my voice mail greetings said I would have limited availability until May. A few wished me well on my walk and said they’d be contacting Adrian because time was of the essence. What nice people I get to meet sometimes. At some point after climbing onto the Colorado Plateau, however, … Read entire article »
Filed under: Clients, Practice in General
A Break from Blawging
At the end of the day today, I’ll be a dozen miles into a seven-hundred-something mile hike from Mexico to Utah. I’m sure I’ve spent more time planning to take the time off than I’ll spend hiking. If you’re wondering where I am or what I’m doing (hint: hiking or sleeping), you can track my progress here or here. Depending on your browser and whether the WordPress gods are pleased with me, you may be able to track me on this page: Needless to say, there won’t be much if any posting at Tempe Criminal Defense for about fifty days. I’m probably not going to be very quick about approving comments either, so save your all-caps emails about me violating your First Amendment rights until I’m back. First crazy guy … Read entire article »
Filed under: Uncategorized
In Defense of Compassion
Elie Mystal put up something yesterday at Above the Law about the lawyer on leave from her job as an associate court attorney at the Manhattan Supreme Court who jumped to her death from her apartment with her 10-month-old son strapped to her in a baby carrier. Her son survived, thankfully. She did not. Elie said he didn’t want to use the restraint or show the sympathy for suicide “victims” (his quotation marks) that he apparently feels society requires and expects of him. What he wrote was certainly consistent with that: Screw this woman…. After noting her likely unsupported feelings that something was medically wrong with her child and the fact she wrote in her suicide note that what she was about to do was “evil,” Elie continued: Damn straight she … Read entire article »
Filed under: Mental Health
Getting in Their Heads
Eric Turkewitz at the New York Personal Injury Law Blog published a guest post about whether jurors should be allowed to ask questions at trial. Apparently that doesn’t happen in New York. It sure does here in Arizona, as we’ve heard about ad nauseam because of the Jodi Arias trial. The guest-poster, Peter DeFilippis, concluded that increased juror participation would aid their judicial system in achieving the goal of providing justice for all. I can’t say that I disagree. I am a pretty big fan of jury questions because they’re wonderful little spoilers that help you know where to focus. I can also see how they help to connect jurors to what’s happening. The insight into the jurors’ thoughts that a system like ours … Read entire article »
Filed under: Arizona Cases, Juries, Trial
Defining a Win
There’s a mostly-written motion still up on my office computer screen. When I finally close the file, I’m going to try not to read it. It will just make me angry. My client’s case was dismissed on Friday, but there were strings attached. He agreed to a $200.00 forfeited collateral on a new citation in exchange for a complete dismissal of his federal criminal case. Compared to a lot of defendants, the result was great. In most cases, I’d be happy. This case is a little different. It shouldn’t have been charged in the first place. The statute containing his supposed violation is so broad it could mean almost anything. I might be violating it by writing this post, and you could be violating … Read entire article »
Filed under: Clients
Practicing Like a Performance
Roy Black wrote yesterday about practice. He discussed Steve Jobs and his obsession with preparation and practice, compulsively rehearsing for every presentation in order to make it look effortless. This is one of Roy’s suggestions for practicing: Take notes as you practice, stop immediately when you notice a mistake or an uncomfortable moment and correct it. Analyze and re-analyze your presentation as you go. Make staging notes like cutting down on time on certain parts, and how to enunciate tricky words and phrases. It strikes me that what Roy describes is certainly an important aspect of practice, but it’s really only half of one part of the big picture of effective preparation. Although I’m sure he does it in his own preparation, in his post, he never really explains … Read entire article »
Filed under: Trial
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