» Entries tagged with "lawyer"

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

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 »

Filed under: Ethics, lawyers

It’s Lonely Being Perfect

I set aside a few hours on several different days during my recent hike to make sure everything was okay back at the firm. On those partial “work” days, I mostly made sure my clients were happy and everything was going as planned in their cases. I returned calls from a few prospective clients as well. At first, the prospective clients would leave polite messages. They’d ask that I call them back at my convenience, acknowledging that my voice mail greetings said I would have limited availability until May. A few wished me well on my walk and said they’d be contacting Adrian because time was of the essence. What nice people I get to meet sometimes. At some point after climbing onto the Colorado Plateau, however, … Read entire article »

Filed under: Clients, Practice in General

They Love Me, They Really Do!

Previously, Avvo was content to link other people’s profiles to me and ask me to claim other people’s profiles, but now it seems they’ve stepped up their game. This morning I received an email saying I’ve been ranked a 7 out of 10. I’d say it’s pretty much the feeling an actor gets being nominated for an Oscar, but I’m trying not to let it go to my head. Curious to see how my big 7 stacks up, I went and found the profile for Tom Horne, Attorney General for the State of Arizona and a lawyer who Avvo once thought worked for me. Embarrassingly for me, he’s apparently moved on to bigger and better things. He’s a 7.3 now. Well aren’t we fancy, Mr. … Read entire article »

Filed under: lawyers, Marketing

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