» Entries tagged with "lawyer"

How Important People Think

There aren’t nearly enough Arizona legal blogs, which is the primary reason why I keep the Arizona Appellate Blog in my feed. The constant use of “we” and “our” in posts that are either the product of a depressingly underwhelming group effort or the bizarrely haughty statements of an individual rub me the wrong way. So do somewhat regular comments that seem to indicate its author or authors believe they’re writing to a captivated audience awaiting each post with baited breath. If they are, I can’t imagine who comprises their audience. Regardless, it’s not a worthless blog, as it at least has original content and isn’t just blatantly pimping someone’s services. It’s a sad state of affairs where lawyers writing because they have something to say and not only something to … Read entire article »

Filed under: Courts, lawyers, Uncategorized

One Day Of Jail And A Whole Lotta Pain In The Ass

Quite often, criminal punishments are harsh not because they involve a lot of jail time or heavy fines, but because of the irritating hoops you have to jump through to satisfy them. It’s most common in Phoenix DUI cases, and it reaches its irritating extreme for out of state DUI defendants trying to do their jail sentence someplace else. Come on vacation, leave on probation It’s a common little joke around here, and in my line of work, I see it in action constantly. Whether we’re the destination for the Superbowl, a golf tournament, a biker rally, or a high school spring break field trip, we make sure our cops work around the clock so no vacationer escapes without having to respect our authoritah. The poor guy who lives elsewhere, who … Read entire article »

Filed under: DUI, jail

Calling You Out, Brian Sloan And “The Arizona DUI Team”

As much as I value the information they can provide and respect many of my colleagues who participate in them, I don’t belong to any of the local lawyer listservs. I quickly tire of people bragging about wins, and I find that the ones who brag the most tend to paint less than complete pictures of what really happened. There are occasionally other sorts of misinformation too. Plus, I hate needless drama. It’s exhausting. Earlier today, someone brought to my attention a perfect example of why I’m not involved in listservs. Here it is, a message to a DUI lawyer listserv from lawyer Brian Sloan, who apparently leads “The Arizona DUI Team” (make sure you capitalize the “The,” apparently), trying to “call out” an excellent lawyer … Read entire article »

Filed under: Uncategorized

Prosecutorial DV Psychosis

Negotiating with prosecutors in domestic violence cases can be impossible, as the mere filing of such a case somehow instantly cements in their minds the roles each person involved the case must play. Fairly often, no amount of rational argument or actual evidence is capable of overcoming that. Even otherwise reasonable prosecutors end up absolutely convinced of their position despite overwhelming cause for doubt. This fascinating but also disturbing loss of contact with reality is something I like to call “prosecutorial DV psychosis.” Let’s start with a hypothetical domestic violence situation where there’s a recanting victim. A girlfriend called the police one night and said her boyfriend broke her cell phone. They were both drunk, and the phone was broken. The boyfriend got angry talking … Read entire article »

Filed under: Domestic Violence, Prosecutors

It’s Not About DUI At All

Driving around lately, the number of police officers everywhere is absolutely astounding. I’ve seen more people stopped by officers on the side of the road than I ever have before. Cops seem to be lurking around every corner on the freeways, causing people to suddenly slam on the brakes and ram into each other like a game of bumper cars. They’re all over the surface streets too. The Arizona DUI media machine is in overdrive as well, with things like this passing for news: “Super Bowl revelers: Arizona tough place for DUIs” I must admit that it’s adorable when folks here in the valley think people who don’t live here have any interest in reading our shitty newspapers. It’s not so adorable that I live someplace where people are … Read entire article »

Filed under: DUI

How To (Really) Get Through A DUI Checkpoint

An interesting DUI checkpoint video has been circulating lately. In it, the driver gets through without even rolling down his window, passing by with ease thanks to a plastic bag attached to his car with a string. The bag contained his license, registration, insurance information, and a note saying “I remain silent,” “No searches,” and “I want my lawyer.” As clever as it may be, it’s also dangerous to think it will always be that easy. The most important thing any driver or rider can keep in mind when dealing with police is that the law does not exist in a vacuum. It only matters as applied to the facts, and except in the most unusual circumstances, courts are going to adopt whatever “facts” the officer provides. … Read entire article »

Filed under: DUI

Sucks Not Eating That Cake, Huh?

I covered a pretty amazing hearing recently. It wasn’t amazing because of anything I did. It was amazing because it perfectly showcased the disastrous impact of mandatory sentencing rules and a culture of punishment and cruelty not just on defendants, but on victims. The client was accused of taking money from a family trust. He was left out of it, but his cousins weren’t. He allegedly drained the trust using forged checks. At his first sentencing, the victims said how they weren’t going to get to go to college. He took their college fund, apparently, and now they had to take out student loans. At least one of them wanted to punish him with a long prison sentence. All of them wanted him to repay … Read entire article »

Filed under: Courts, Prosecutors, Victim's Rights

A Persuasive Offer To Contribute

Last Monday afternoon, an intriguing email from a charming fellow named Ryan appeared in my inbox: Respected Sir, I would like to inform you that i am interested in contributing “Law” related blog content on your blog. Kindly let me know how should i proceed ahead for contribution. Waiting for your response. Ryan, who identified himself as a publisher as well as a writer, must be a faithful reader too. How else could he know my blog features “Law” related content? He is also quite proactive. After i neglected to respond to him for over a day, he emailed me again during the wee hours of the morning last Wednesday: Hello Sir, Hope you are doing well. I guess you must be busy. Just wanted to know if you got a chance to go … Read entire article »

Filed under: Marketing

Gee Whiz, Referrals!

An email arrived last Monday from Lawyer.com with the title “Potential Client – Action Requested by Tuesday 9.00 AM.” Adrian forwarded the one he got to me shortly afterwards with a message saying “blog fodder?” I really didn’t want to write about it, but I now feel compelled. Apparently, the “Lawyer.com Listing” I didn’t know I had “generated a Potential Criminal Client.” Clicking through took me to a page where information about the “client” was posted. It was someone with questions about something old on his criminal record, and he wanted a consultation. I would’ve ignored it had I not gotten another one. The second one was from a family member of another potential “client” and provided the guy’s full name and jail location as well as … Read entire article »

Filed under: Marketing

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 »

Filed under: Clients, Courts, Ethics, Judges

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