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» Entries tagged with "unfair"

Guilt v. Shame

A witness and I each had pretty remarkable breakthroughs at the same time earlier today. We both suddenly understood things we’d never really considered. When she had her revelation, she shook her head in disgust. On the other hand, I just thought yet again about how ridiculous our justice system really is. To say the witness and I have different backgrounds would be an understatement. We’re generations removed, and even if we shared a birth date in the same year, it would hardly even begin to bridge the cultural gap. On top of that, she’s mostly deaf and entirely mute. An ASL interpreter did not work out, and her writing is very difficult to understand. The “interview” today involved a pen and some paper. … Read entire article »

Filed under: Government Rants, Uncategorized

Move Along, No Preferential Treatment Here

Last Thursday, we faxed a motion to continue trial to Mesa Municipal Court at 10:02 a.m. We sent the state a copy too, of course, though we’d also told the assigned prosecutor what we were going to do the day before. The court called us at 2:25 p.m. and left a message about getting our position on the state’s motion to continue trial. That’s right, the state’s motion. Not ours. The motion the state didn’t bother faxing us until 3:45 p.m. I called the court back sometime shortly before 5:00 p.m. and spoke with a very pleasant lady. She wanted to know my position on the state’s motion. I told her we didn’t oppose it and had in fact filed our own motion. She asked … Read entire article »

Filed under: Courts

Except For That, Of Course

The silliest part of any guilty plea is the part when the court asks if anyone has threatened or coerced the defendant into pleading guilty. People are inclined to say no when it’s obviously the answer the judge wants to hear no matter what the circumstances happen to be. The desire to please is intense enough when the person asking the incriminating question has a badge and gun, but it’s even more powerful when the person asking sits high above the fray wearing a robe and keeps getting called “your honor” by everyone in the room. Several of my clients have given an admirable hell yes and briefly tried to elaborate before being cut off by others suddenly made aware of the absurdity of the question. I respect the clients … Read entire article »

Filed under: Clients, Courts

Great Expectations

Part of my fee agreement explains how my fee in each case is based in part on a variety of considerations, one of which is the expectations of the client. Many of the other listed factors, like the urgency of the matter and the necessity of declining other work, once seemed far more important to me. Over time, they have come to pale in comparison with client expectations. For the client who wants to walk, beating the main charge but being convicted of a lesser is a massive disappointment. It doesn’t matter if they’re avoiding a murder conviction in favor of a lesser charge or just beating the part of the DUI charge that would have made it a felony. Any conviction is a failure. It’s the same … Read entire article »

Filed under: Clients

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