» Entries tagged with "lawyers"
No Public Defender's Office?
I found this post by Murray Newman at Life at the Harris County Criminal Justice Center fascinating. I’ve been thinking about it and figured I’d write something. I’ve never practiced in a county that doesn’t have a public defender’s office. I can see how it might work in a very small, rural county, but it’s incredible to me that one of the biggest counties in the US doesn’t have one. I think it’s natural that voters begin demanding that a giant, bureaucratic, government agency take over a task the moment they realize it’s sufficiently daunting. Indigent criminal defense for an entire major metropolitan area seems pretty overwhelming, so I’m amazed the people of Harris County haven’t insisted that committees of politicians be created to form an agency … Read entire article »
Filed under: public defenders
I Probably Take Myself Too Seriously
In one court, I regularly run into a lawyer who amuses me to no end. He’s a big, boisterous guy with thick gray hair and a deep, booming voice. His general demeanor reminds me of the ghost of Christmas present from the Muppet Christmas Carol. He always wears loud ties, most of which I believe feature some minor Disney character, and he only partially tucks his baggy dress shirts into what I suspect to be a pair of Dickies work pants. It isn’t uncommon for him to wear a jean shirt to court, and I don’t think I’ve ever seen him wear a belt. None of that really sets him apart from a lot of other lawyers though. What really separates him from the rest is … Read entire article »
Filed under: lawyers, Practice in General
The Stupidest Thing I've Ever Read
Here it is, a comment a law professor named David Papke posted earlier today: I’m pleased to hear Andrew Golden has observed only minimal alienation in the PD’s Office. It’s nice to know there are islands of integrity and commitment in the profession. However, I strongly agree with Chris King’s sense of the proper relationship between legal education and the practice of law. We don’t want law school to be lawyer-training school. When we cave in to demands of that sort from the ABA and assorted study commissions, we actually invite alienation among law students and lawyers. Legal education should appreciate the depth of the legal discourse and explore its rich complexities. It should operate on a graduate-school level and graduate people truly learned in the law. Okay, maybe I’m exaggerating. Maybe … Read entire article »
Filed under: Law School, Practice in General
Releasing Information
I was recently stuck in court dealing with a case that should have been dismissed long ago. The prosecutor thought my client wasn’t complying with the terms of a mental health diversion program, but I had personally verified that he was in compliance less than a day before. To satisfy the state and avoid reinstatement of the charges, I just needed to get some up-to-date written proof. My first step was to try to call my client’s mental health case manager. One person told me the case manager was on vacation, and another told me he was in court. They accidentally hung up on me twice. Eventually, I got through to a lady who seemed to be able to help me. I explained to her … Read entire article »
Filed under: Government Rants, Practice in General
Terrible Policies
I won’t name names here, but there is one prosecutor’s office in Arizona that has particularly rigid and often ridiculous office policies regarding plea bargains and a number of other important things that, in my opinion, should be left to the sound judgment of individual prosecutors. Some of the office’s policies are so draconian and inflexible that they are known by pretty much anyone who is even minimally involved with Arizona’s criminal justice system. I imagine 99% of people reading this post instantly knew which office I meant after reading the first sentence. Anyway, in two cases this year where I wrote the assigned prosecutors letters presenting overwhelming exculpatory evidence and requesting the cases be dismissed, I had conversations like this: Me: Have you looked over what I gave you? Them: … Read entire article »
Filed under: Practice in General, Professionalism, Prosecutors
Courtroom Manners
In a certain jurisdiction where I regularly find myself practicing, defense attorneys line up to call their cases. Generally, it works out well. If I have a quick matter, like a continuance, the other attorneys let me go first. If I know I’m going to be there for a while, I’ll let other attorneys go ahead. Of course, my primary concern is what my client wants. If my clients want me to call the case as soon as possible, unless there’s a compelling reason not to, that’s exactly what I do. A couple months ago, an attorney showed up (I was the first person in the courtroom, but I was speaking with the bailiff) and went straight to the front. His entire demeanor was arrogant … Read entire article »
Filed under: Practice in General, Professionalism
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