Comments on: The Potential Value of Naming Names http://blog.bennettandbennett.com/2009/11/the-potential-value-of-naming-names.html the tao of criminal-defense trial lawyering Fri, 10 Feb 2012 17:39:20 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Mark Bennett http://blog.bennettandbennett.com/2009/11/the-potential-value-of-naming-names.html/comment-page-1#comment-11988 Mark Bennett Thu, 26 Nov 2009 01:41:29 +0000 http://bennettandbennett.com/blog/2009/11/the-potential-value-of-naming-names.html#comment-11988 Someone looking it up would see the names of two lawyers at trial, and wouldn't necessarily know which one TOm was referring to. Someone looking it up would see the names of two lawyers at trial, and wouldn’t necessarily know which one TOm was referring to.

]]> By: Clay S. Conrad http://blog.bennettandbennett.com/2009/11/the-potential-value-of-naming-names.html/comment-page-1#comment-11977 Clay S. Conrad Wed, 25 Nov 2009 15:43:02 +0000 http://bennettandbennett.com/blog/2009/11/the-potential-value-of-naming-names.html#comment-11977 Thompson's trial case number was 740416. Anyone with a morbid curiosity to find out his lawyer's name at trial can look it up on JIMS. Thompson’s trial case number was 740416. Anyone with a morbid curiosity to find out his lawyer’s name at trial can look it up on JIMS.

]]> By: Mark Bennett http://blog.bennettandbennett.com/2009/11/the-potential-value-of-naming-names.html/comment-page-1#comment-11904 Mark Bennett Mon, 23 Nov 2009 19:07:54 +0000 http://bennettandbennett.com/blog/2009/11/the-potential-value-of-naming-names.html#comment-11904 Howard, Much disciplinary action against lawyers is non-public. To be disciplined publicly, a lawyer has to really screw something up, or screw up more than once. I think you're probably right about the benefit of public identification of erring lawyers. Mark. Howard,

Much disciplinary action against lawyers is non-public. To be disciplined publicly, a lawyer has to really screw something up, or screw up more than once.

I think you’re probably right about the benefit of public identification of erring lawyers.

Mark.

]]> By: Howard To http://blog.bennettandbennett.com/2009/11/the-potential-value-of-naming-names.html/comment-page-1#comment-11900 Howard To Mon, 23 Nov 2009 17:35:23 +0000 http://bennettandbennett.com/blog/2009/11/the-potential-value-of-naming-names.html#comment-11900 That's interesting. My experience is limited to the medical profession in Ontario (Canada); the provincial licensing body here (College of Physicians and Surgeons of Ontario -- CPSO) publishes information (including name) in their monthly journal about members who have been reprimanded. The registration information for that particular member (publicly available on their website) is updated to reflect remedial actions taken and restrictions placed on his/her practice. "If lawyers were more willing to name-and-shame the worst among us, might society be better able to ensure that those people (as well as everyone else) are properly represented?" It seems that another benefit would be the improvement of the profession's reputation -- a willingness to identify and rein in bad seeds would go a ways toward improving the public's confidence in the profession's ability to self-regulate. Unnamed unknown members being punished? Not so much. The cynic in me believes that the biggest difference between regulating doctors and lawyers is that doctors are unlikely to be crafting their own regulations. That’s interesting. My experience is limited to the medical profession in Ontario (Canada); the provincial licensing body here (College of Physicians and Surgeons of Ontario — CPSO) publishes information (including name) in their monthly journal about members who have been reprimanded. The registration information for that particular member (publicly available on their website) is updated to reflect remedial actions taken and restrictions placed on his/her practice.

“If lawyers were more willing to name-and-shame the worst among us, might society be better able to ensure that those people (as well as everyone else) are properly represented?”

It seems that another benefit would be the improvement of the profession’s reputation — a willingness to identify and rein in bad seeds would go a ways toward improving the public’s confidence in the profession’s ability to self-regulate. Unnamed unknown members being punished? Not so much.

The cynic in me believes that the biggest difference between regulating doctors and lawyers is that doctors are unlikely to be crafting their own regulations.

]]> By: Steve Foster http://blog.bennettandbennett.com/2009/11/the-potential-value-of-naming-names.html/comment-page-1#comment-11788 Steve Foster Sat, 21 Nov 2009 23:14:47 +0000 http://bennettandbennett.com/blog/2009/11/the-potential-value-of-naming-names.html#comment-11788 If a State is going to put a citizen's life in jeopardy in a criminal trial, then that citizen should receive qualified and competent counsel. Full stop. My only experience is in the military justice system, but in that arena, a defense counsel couldn't sniff a capital case representation unless she had been certified at a death penalty litigation course and was known and respected as an excellent defense counsel. Texans deserve no less-- If a State is going to put a citizen’s life in jeopardy in a criminal trial, then that citizen should receive qualified and competent counsel. Full stop.

My only experience is in the military justice system, but in that arena, a defense counsel couldn’t sniff a capital case representation unless she had been certified at a death penalty litigation course and was known and respected as an excellent defense counsel.

Texans deserve no less–

]]> By: Mark Bennett http://blog.bennettandbennett.com/2009/11/the-potential-value-of-naming-names.html/comment-page-1#comment-11786 Mark Bennett Sat, 21 Nov 2009 22:22:20 +0000 http://bennettandbennett.com/blog/2009/11/the-potential-value-of-naming-names.html#comment-11786 Jeff, I don't know anything about the lawyer or the case, except what Tom has told me. It's not my place, if Tom doesn't want to name the lawyer, to say, "this is who Tom is talking about: . . . " Jeff,

I don’t know anything about the lawyer or the case, except what Tom has told me. It’s not my place, if Tom doesn’t want to name the lawyer, to say, “this is who Tom is talking about: . . . “

]]> By: Jeff Gamso http://blog.bennettandbennett.com/2009/11/the-potential-value-of-naming-names.html/comment-page-1#comment-11784 Jeff Gamso Sat, 21 Nov 2009 19:17:07 +0000 http://bennettandbennett.com/blog/2009/11/the-potential-value-of-naming-names.html#comment-11784 I've struggled for a couple of years with a variation of this question. I write a weekly (more or less) summary of criminal decisions from our local intermediate appellate court that goes out to members of the local and state criminal defense lawyers associations. Among other things, I identify the lawyers who represented the defendant in the court of appeals. Just some small recognition. Yet when the lawyers file Anders briefs, I don't name them. A couple of years ago, I announced that I was going to change that practice, but so many people (good lawyers who don't file Anders briefs) urged me not to that I withdrew the announcement. The truth is that the lawyers who mostly file Anders briefs don't belong to the organizations anyway and wouldn't know that they're being called out. But I was and am torn. I notice that you didn't name the lawyer, either. I’ve struggled for a couple of years with a variation of this question. I write a weekly (more or less) summary of criminal decisions from our local intermediate appellate court that goes out to members of the local and state criminal defense lawyers associations. Among other things, I identify the lawyers who represented the defendant in the court of appeals. Just some small recognition.

Yet when the lawyers file Anders briefs, I don’t name them. A couple of years ago, I announced that I was going to change that practice, but so many people (good lawyers who don’t file Anders briefs) urged me not to that I withdrew the announcement.

The truth is that the lawyers who mostly file Anders briefs don’t belong to the organizations anyway and wouldn’t know that they’re being called out. But I was and am torn.

I notice that you didn’t name the lawyer, either.

]]>