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
Grow!
I’m going for a long hike soon, and for it, I bought a really light tent. Some guy made it himself. I have to seal my own seams because he doesn’t do that. He just makes tents. They’re awesome tents. The guy I bought the tent from has a little store that sells some gear, but he mostly rents stuff to backpackers. If he doesn’t have it, he’s not going to go out of his way to find it and make some cash selling it. He’ll point you in the right direction, though. He’s really nice like that. His store is great. What if those guys joined forces? What if the tent guy found a seam-sealing guy and tried to go big? … Read entire article »
Filed under: Practice in General
Going Back to Square One
Supreme Court Justice Sonia Sotomayor thinks “that being a lawyer is one of the best jobs in the whole wide world.” After first seeing a snippet about the interview where she said that, this is what I took from her reasoning: Because every lawyer, no matter whom they represent, is trying to help someone … lawyering is the height of service — and being involved in this profession is a gift. Any lawyer who is unhappy should go back to square one and start again. I was impressed. This is a person who holds a spot on the highest court in the land? A member of that esteemed panel of men and women who are typically unconcerned with the little guy while they make law from the shiniest ivory … Read entire article »
Filed under: SCOTUS Cases
A Victim In The Way
From afar, I’ve been watching a colleague represent the minor victim in an assault case. The “victim” was actually the aggressor, so it behooved him to hire counsel. He and his lawyer have had quite the ride as the case has progressed. I’m sure the prosecutor told the defense attorney that the victim would not consent to an interview because almost every prosecutor does that in almost every case. They almost never ask, however, and this time I knew for a fact that was what happened. The prosecutor never once bothered to consult with the victim about anything. At most, the prosecutor just read what the cops said the victim said, probably not even listening to the actual recorded interview, then acted like an expert on … Read entire article »
Filed under: Courts, Government Rants, Prosecutors, Victim's Rights
Institutional Car Theft
We all know that the government wants to take our money. As I’ve explained before, it sometimes tries to take our cars too. What I didn’t mention is that we don’t even have to be the target of a pending criminal matter for that to happen. A little while back, I spoke with a man who was living at a homeless shelter. He found himself there after being on the streets for some time, but prior to that, he’d been living out of his car. Until the government stole it, that is. They took not just his only means of transportation, but his home as well. It was all because he ran out of gas. After the poor guy found himself stranded by the side of … Read entire article »
Filed under: Government Rants
Need An Office?
If you are an Arizona lawyer in need of an office, give me a call or send me an email. Beginning on February 1, 2013, we will have space available in our suite. … Read entire article »
Filed under: Uncategorized


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