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Switching Attorneys

I don’t like taking over cases from other lawyers. In a perfect world, I would begin representing every client before charges are filed and stay with the case to the very end. That said, like pretty much every other lawyer I know, a good-sized portion of my clients come to me from other criminal defense attorneys. They seem to be split evenly between people previously represented by public defenders and people previously represented by private attorneys. They’re usually looking for a new lawyer for the same kinds of reasons. I hear many people say they want a new lawyer because their lawyer does not return their calls. I usually take that statement with a grain of salt. A lot of lawyers don’t return calls as … Read entire article »

Filed under: Clients, Practice in General

Don't Do It

I couldn’t agree with this more. I’ve had a fair amount of contact with law students at ASU through moot court judging, hiring clerks and research assistants, and just being an alumnus. I’ve met a lot of bright, articulate law students. I haven’t met a lot of impassioned law students who want to be advocates and truly believe in what they do. Most of the law students I meet, like most of my fellow law students when I was in law school, don’t know what they want to do. They just want a job, and any job will do. Maybe that works if you want to write wills or review contracts, but in criminal defense, that won’t cut it. It’s a calling. It’s stressful, … Read entire article »

Filed under: Clients, Law School, Practice in General

A Tricky Situation

Article 2, Section 22 of the Arizona Constitution says that “[a]ll persons charged with crime shall be bailable by sufficient sureties, except . . . [f]or felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.” Knowing that, what do you say when you know your client’s new offense was allegedly committed while he was out on bond for another felony offense and the judge asks, “counsel, do you have any recommendations regarding bond?” Does it matter if the same judge is assigned to the client’s other case and presumably knows that the client was out on bail when he or she supposedly committed the new offense? … Read entire article »

Filed under: Arizona Constitution, Clients, Courts, Ethics, Practice in General, Professionalism, Prosecutors

"Gen Y" Lawyers vs. "Gen Y" Clients

Posts here and here over at Simple Justice, as well as related blog posts here and here, provide some interesting discussion on Generation Y attitudes. Admittedly, I had to look up what Generation Y means. Surprisingly, that didn’t give me the clear answer I wanted. I’m pretty sure I’m part of “Gen Y.” I did look to Wikipedia for the definition of Gen Y, didn’t I? Isn’t being tech savvy part of it? Anyway, without a clear answer about what Gen Y is, I’m just going to assume I’m part of it. I’m also going to assume that it encompasses all lawyers under 35. That said, I think a large number of Gen Y lawyers do possess the “all about me” mindset and sense of entitlement … Read entire article »

Filed under: Clients, Practice in General, Solo Practice

Victim Safety

Last year, I had in a Pinal County felony case where the plea agreement stipulated to probation and the state agreed to release my client to pretrial services at the time of the change of plea. After my client entered his change of plea, however, the court refused to release him, citing victim safety and the violent nature of the crime. When I later met with my client, he was irritated by the court’s ruling, but not for the reasons I expected. His question was, “if they’re so worried about the victim, why did they make him my cellmate?” My eyes grew big, and at first, I didn’t believe him. Later on, I found out that, sure enough, the victim had indeed been picked up by the … Read entire article »

Filed under: Clients, Courts, jail, Victim's Rights

Scary Numbers

I had a sentencing yesterday morning, and I arrived early because I hoped the court would call my client’s case first. The commissioner hearing the case usually likes to start with a group advisement of rights for all the defendants (if they’re all informed of their rights in advance, a judge can save some time because he won’t have to individually tell them what they’re giving up if they choose to enter a plea), but sometimes he’ll do a sentencing or two first if the attorneys get there early enough. While I was waiting for court to start, I had an interesting conversation with the bailiff. She said the morning calendar consisted of 14 sentencings and 90 pretrials. As I sat there, I thought about what those numbers … Read entire article »

Filed under: Clients, Courts, Practice in General

Justifying the Unjustifiable

A little while back, I overheard a defense lawyer loudly explaining to his client why a prior felony conviction could be used to enhance the client’s sentence. The client was looking at a fair amount of mandatory prison because of an old aggravated DUI and kept asking why he should receive harsher punishment because of an old conviction for which he already did time. I think those are fair questions. In Arizona, an aggravated DUI is forever an historical prior felony conviction. Once you’ve been convicted of aggravated DUI, you will always be looking at an enhanced, mandatory prison sentence if you are later charged with pretty much any felony. That aggravated DUI conviction will follow you around for the rest of your life, resulting in worse … Read entire article »

Filed under: Clients, DUI, Practice in General

Plea Bonuses

I overheard an amusing conversation between two lawyers this morning. One of them is a public defender, and the other is a contract attorney. The public defender was complaining about clients saying this: “You just want me to take the plea because you’ll get a bonus.” (NOTE: for those of you who aren’t familiar with the criminal justice system, I’d bet money that there isn’t a public defender’s office anywhere in the nation that gives its attorneys bonuses for pleading out cases). They had a couple of pretty funny responses, but my favorite was this one: “They actually don’t give me bonuses for pleading out cases. I get a bonus for losing at trial. So, what do you want to do?” It made me … Read entire article »

Filed under: Clients, Practice in General

Promises, Promises

One of the most common things I hear in initial consultations is that “attorney so-and-so said he could definitely get me X deal.” It can be a frustrating situation when the client was promised something that no defense attorney in their right mind would promise. Sometimes, it ends up being an amusing situation when the “deal” prospective clients claim they were promised really can be guaranteed. Multiple clients have said to me that local high-volume DUI firms told them, “if you hire us for your first time regular DUI, we can get the judge to suspend all but one of the ten mandatory days of jail.” That’s true. It’s a reasonable guarantee because it’s a virtual certainty, but it’s misleading for that same reason. That result has … Read entire article »

Filed under: Clients, Ethics, Practice in General

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