» Ethics
Picking the Wrong Lawyer
Yesterday wasn’t such a great day for me. After losing a bench trial I doubt I would’ve lost had it been in front of a jury, the judge informed my client the she had a bench warrant for failing to appear in another pending case in the same jurisdiction. There was a police officer waiting in the gallery to take her into custody. My client had hired one of those firms with billboards and posters everywhere to handle her first case. Dissatisfied with the representation, she hired me to handle the second. She complained about how hard it was to reach her other lawyer and how she felt he kept her in the dark about everything. My experience trying to stay in the loop with the … Read entire article »
Chris McCann Is So Gonna Sue Me
Chris McCann is a California lawyer who really doesn’t think very highly of my blog. He only recently found out about it, I think, as he just started bombarding me with emails and waited until yesterday to leave a bizarre comment. Chris’s problem is that he’s upset about a post where I mentioned his name in passing over thirteen months ago. He may be a little slow working the interwebs, as he also just stumbled across one of Brian Tannebaum’s old blog posts too, the one I had cited as the basis for my thoughts. Chris left a bizarre comment there yesterday as well. No one can accuse Chris McCann of not being proactive. Getting back to the real issue here, why he’s upset, I think it’s probably … Read entire article »
Unauthorized Practice
So there’s this lawyer named Rachel Rodgers. In June, Scott Greenfield called her out on a few things here. Earlier this week, she wrote something entitled “Ethics Should Not Be Used as a Weapon Against Young Lawyers.” Brian Tannebaum quickly took her to task. I normally stay out of these things, but this is close to home. You see, Ms. Rodgers lists a Phoenix, Arizona address on her website. She offers services that look like legal services. Ms. Rodgers is not a licensed Arizona attorney. I checked. She never explicitly claims to be licensed in Arizona, but she also never offers any kind of disclaimer clearly explaining that she isn’t licensed here. That wouldn’t matter anyway, as I’ll explain in a second. … Read entire article »
Filed under: Ethics
Shameful
Texas likely executed an innocent man. That man, Cameron Todd Willingham, was represented at trial by David Martin, a man I now believe to be the most disloyal and generally shameful defense lawyer I’ve ever had the displeasure of hearing speak. If you want to hear what he had to say about his former client on CNN, watch the video below. I wouldn’t recommend viewing it if you think you might have problems stomaching a faux cowboy in a deep state of denial proclaiming the guilt of a dead man whose life was once placed in his undeserving and likely incapable hands. The video mostly speaks for itself, but you can read some great blog posts about it here, here, here, and here. Willingham’s appellate lawyer even wrote about … Read entire article »
Filed under: Death Penalty, Ethics
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
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
Zealous Representation
In this post, Scott Greenfield at Simple Justice talks about how zealous advocacy will no longer be necessary in New York starting on April 1, 2009. Arizona attorneys haven’t had to zealously advocate for their clients for years. However, most criminal defense attorneys still promise in their fee agreements that they will zealously represent their clients, and there are still quite a few zealous advocates out there. I doubt that changing the language of our ethics rules had much of an effect. Interestingly, at least one Justice on the Supreme Court of Arizona disagrees. Every Arizona attorney is required to take a professionalism course. When I took the course, we watched a video of Chief Justice Ruth McGregor talking about the need to increase civility in … Read entire article »
Filed under: Ethics, Professionalism
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