Defending People

the tao of criminal-defense trial lawyering

How to Choose a Criminal Defense Lawyer

| June 26, 2007

Today Avvo has a post today entitled Lost. Avvo categorizes the post as “How to Choose a Lawyer,” but it’s really about Avvo’s research into people’s experiences hiring lawyers. Among other things, Avvo asserts that Over the past two years, 25 million Americans were faced with a situation in which they considered hiring an attorney, [...]

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The Other Costs of a Guilty Plea

| June 26, 2007

I wrote here about the implicit cost-benefit analysis involved in deciding whether to plead guilty or proceed to trial. As I noted, describing this analysis in mathematical terms is an approximation of a vague and fuzzy calculus. There are other ways to describe the plea-or-trial decision-making process. One is as an commercial transaction: when an [...]

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Good Fees Make Good Lawyers

| June 25, 2007

Stephen Gustitis and Robert Guest blog about lawyers’ fees. Robert writes, “The more you charge the less clients you get. However, those clients get personalized service and better reperesentation. Never compete on price. Compete on quality and service.” I agree — in part. I blogged here about ethical fee-setting and the idea that it might [...]

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Something to Look for in a Criminal Defense Lawyer

| June 25, 2007

This morning (Sunday) a friend called me; one of his friends had gotten himself arrested in Austin, Texas last night. I told him I would look into the matter. I looked up fellow blawger Jamie Spencer’s phone number, and dialed it. Jamie answered the phone himself. Friends, I know that you like to have your [...]

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A Prosecutor Wins Despite Himself

| June 23, 2007

Do you doubt that prosecutors don’t have to be brilliant to win trials? Check this out: Oh, and the prosecutor had a PowerPoint for his closing arguments. His closing arguments, frankly, annoyed me so much they made me want to acquit. It was really, really bad, but not surprising, considering that in his opening statements, [...]

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One Thing NOT to Look For in a Lawyer

| June 23, 2007

The existence of silly website Avvo.com has raised the excellent question of how people are to choose lawyers, if they can’t reliably do so based on Avvo’s 0-10 ratings (and they can’t). Scott Greenfield blogs about some ways to choose a lawyer. I’ll write more about the best way to choose a lawyer (specifically, a [...]

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The Guilty Plea Cost-Benefit Analysis.

| June 22, 2007

As defenders, we often have to help people decide whether to plead guilty or proceed to trial. Sometimes the question can be simplified to this: how does the assured outcome of a plea compare to the accused’s punishment if we do not, multiplied by the proability that we will not? If the probability of prevailing [...]

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Avvo III

| June 21, 2007

An anonymous commentator said the following about my recent More on Avvo post: 1. You seem to be saying that because Avvo cannot replace the best possible method (live, face to face interviews and comparisons) of choosing one particular kind of attorney (criminal defenders) that it therefore has no value at all. What about people [...]

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Texas or New York

| June 20, 2007

It all started with these two blog posts, Lucky Stars and Four More Good Things, in which I listed some of the good things about the criminal “justice” system in Texas. These posts weren’t really about New York (actually, they weren’t really about why lawyers have it better here, or I would have listed “good [...]

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Us v. Them III

| June 20, 2007

If you haven’t already, read David Feige’s (Indefensible Blog) Slate editorial on the disbarment of Mike Nifong. Some highlights: [I]n the rollicking back and forth of a normal state trial, it is a rare case in which problems involving the withholding of potentially exculpatory evidence (as Nifong was accused of doing) don’t arise. . . [...]

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