» Entries tagged with "Ethics"
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
Missing the Point
You can imagine my surprise yesterday when this ten-day-old post suddenly lit up with new comments. They read like typical troll comments, but they were from lawyers. Local lawyers, in fact, and ones who seem to have quite a bit of experience. I believe I have multiple mutual friends with at least one of them, though I doubt he realizes that. I have no clue what possessed all of them to comment at once. Like typical troll comments, they made ad hominem attacks. One writer accused me of presuming my clients guilty, another accused me of going off “half-cocked” without knowing my facts, and yet another seems to think I merely hold myself out as someone who practices criminal defense and accused me of throwing gossip … Read entire article »
Filed under: lawyers, Professionalism
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
Dear Bad Prosecutor:
Your job is not to argue with everything I say. The interests of justice do not always require that my client receives the maximum fine or prison sentence. Many of my clients deserve bail or commutation. You are allowed to concede points when you do not have a good reason to disagree. I promise. Believe it or not, I am not going to lie and cheat in order to gain some kind of advantage. My goal in this pretrial is not to trick you. Although you are just covering, I am not a high school student, and I do not view you as a substitute teacher. I do not intend to do anything to jeopardize my bar license, now or ever. You have looked over … Read entire article »
Filed under: Government Rants, Prosecutors
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