Defending People

the tao of criminal-defense trial lawyering

From the Mailbag

| August 23, 2007

I received this email: Your Google link says, “We Have Never Prosecuted.” I immediately thought, they’re pandering to the lunatic defendant–those persons who believe that all former prosecutors must secretly hope the defendant is locked away. If there are many defendants out there who think like that, then your link heading might be helpful. I’m [...]

Share

Why Not?

| August 23, 2007

Skelly writes: When, after saving your client many months of freedom, your [juvenile] client’s parent tells you, “I don’t think you did a very good job representing my son,” you do not get to reply, “I don’t think you did a very good job raising him.” In the comments, “Vinnie” asked, “Why not?”; I have [...]

Share

Client Confidentiality in Texas

| August 22, 2007

The Texas client confidentiality rules are much much more protective of our clients’ secrets than many criminal-defense lawyers treat them. The basic rule is TDRPC 1.05, which describes two types of confidential information: (a) “Confidential information” includes both “privileged information ” and “unprivileged client information.” “Privileged information” refers to the information of a client protected [...]

Share

The Mind of the Criminal Defense Trial Lawyer

| August 20, 2007

New York criminal-defense lawyer Scott Greenfield wrote yesterday (at 6:28 a.m. on a Sunday morning, for crying out loud!) about Conflict Aversion and Personality Traits (or is it “Conflict Aversion and Personality Flaws?” See the URL). In Scott’s excellent post, he focuses on criminal-defense lawyers’ lack of aversion to conflict: We avoid conflict when we [...]

Share

The Case of the Stolen Client

| August 20, 2007

The day before yesterday, Ft. Worth criminal-defense lawyer Young Shawn Matlock wrote about The Lawyer Known as Weinstein, who “Would do anything to get a client. Back in the day, he even went to the client’s home. He makes whatever promise he needs to get the client. After all, it’s no problem for him. The [...]

Share

Advice to New Practical Blawgers

| August 19, 2007

With new practical blawgers coming online every week, I think some advice from those who have been around a little (or a lot) longer might be beneficial. For example, New York criminal-defense lawyer Scott Greenfield (of Simple Justice) says Since you have no track record, it would be helpful to provide a short bio so [...]

Share

Another Practical Blawger

| August 18, 2007

Maggie joins the practical blawgosphere with Of Counsel. Welcome, Maggie. Some day soon I’ll update the blawgroll and include a selection of worthwhile prosecutor blawgs.

Share

Everybody Knows You’re Supposed to Let the Client Stun You.

| August 17, 2007

Via Anne Reed, this Above the Law post about . . . . . . a California misdemeanor case in which the defense is claiming that police brutalized their client with a stun gun during his arrest at a shopping mall last year. That’s because the defense team is now being criminally investigated for allegedly [...]

Share

Mea Maxima Culpa

| August 17, 2007

My friend Scott Greenfield is miffed about my characterization of his perspective on the question of when we should answer questions that the judge asks us about what we have told our clients. Scott thinks that I’m accusing him of being unethical — untrue — and that I’m incorrect about his view — apparently. What [...]

Share

Privilege Breakdown

| August 17, 2007

After Gideon’s two posts (here and here), Scott Greenfield’s two posts (here and here), and my two posts (here and here), here’s how I see attitudes about the revelation of communications from the lawyer to the client shaking out: Some (edit: but not Gideon) believe that it is okay for a lawyer to reveal such [...]

Share

Bad Behavior has blocked 2399 access attempts in the last 7 days.