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	<title>Comments on: Business Plan: Never Lose</title>
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	<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html</link>
	<description>the tao of criminal-defense trial lawyering</description>
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		<title>By: Sorry, but Justice is all there is &#124; People v. State</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15951</link>
		<dc:creator>Sorry, but Justice is all there is &#124; People v. State</dc:creator>
		<pubDate>Sun, 01 Aug 2010 17:16:43 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15951</guid>
		<description>[...] defending those accused of committing crimes. Never mind that I&#8217;ve cited a couple old dogs in support of what seems to me true. Never mind that if I am not qualified to opine on something so [...]</description>
		<content:encoded><![CDATA[<p>[...] defending those accused of committing crimes. Never mind that I&#8217;ve cited a couple old dogs in support of what seems to me true. Never mind that if I am not qualified to opine on something so [...]</p>
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		<title>By: Jeff Gamso</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15904</link>
		<dc:creator>Jeff Gamso</dc:creator>
		<pubDate>Fri, 30 Jul 2010 08:25:37 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15904</guid>
		<description>It&#039;s a curious definition that has me winning while my client gets executed because I know I&#039;ve done the best I could.  That&#039;s not a win for me.  Sorry.  That&#039;s a big loss.

And the victim of a crime (by which I assume you mean individual harmed) can never win or lose in a criminal case because that victim isn&#039;t a party and has no legally relevant interest in the outcome.  The only &quot;victim&quot; in a criminal case is the body politic.</description>
		<content:encoded><![CDATA[<p>It&#8217;s a curious definition that has me winning while my client gets executed because I know I&#8217;ve done the best I could.  That&#8217;s not a win for me.  Sorry.  That&#8217;s a big loss.</p>
<p>And the victim of a crime (by which I assume you mean individual harmed) can never win or lose in a criminal case because that victim isn&#8217;t a party and has no legally relevant interest in the outcome.  The only &#8220;victim&#8221; in a criminal case is the body politic.</p>
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		<title>By: Matthew Arnold</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15899</link>
		<dc:creator>Matthew Arnold</dc:creator>
		<pubDate>Thu, 29 Jul 2010 20:12:32 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15899</guid>
		<description>If the system decides the case correctly and fairly, in a sense society wins.
If an advocate, on either side, does his job professionally and zealously, to the point where he or she knows that they did the absolute best job they could do for their client, then they win, regardless of the outcome of the case. 
A person charged with a crime, or a victim of a crime, never really win, they merely survive.</description>
		<content:encoded><![CDATA[<p>If the system decides the case correctly and fairly, in a sense society wins.<br />
If an advocate, on either side, does his job professionally and zealously, to the point where he or she knows that they did the absolute best job they could do for their client, then they win, regardless of the outcome of the case.<br />
A person charged with a crime, or a victim of a crime, never really win, they merely survive.</p>
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	<item>
		<title>By: Gerry Spence Has Never Lost A Jury Trial: It Depends On What The Meaning Of &#8220;Lose&#8221; Is. &#124; Popehat</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15895</link>
		<dc:creator>Gerry Spence Has Never Lost A Jury Trial: It Depends On What The Meaning Of &#8220;Lose&#8221; Is. &#124; Popehat</dc:creator>
		<pubDate>Thu, 29 Jul 2010 18:33:35 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15895</guid>
		<description>[...] been reading a fine discussion from John Kindley and Mark Bennett on Gerry Spence&#8217;s claim, which I&#8217;ll accept as true, that he has never lost a trial [...]</description>
		<content:encoded><![CDATA[<p>[...] been reading a fine discussion from John Kindley and Mark Bennett on Gerry Spence&#8217;s claim, which I&#8217;ll accept as true, that he has never lost a trial [...]</p>
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	<item>
		<title>By: The ideal ideal</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15859</link>
		<dc:creator>The ideal ideal</dc:creator>
		<pubDate>Tue, 27 Jul 2010 18:07:32 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15859</guid>
		<description>[...] 1) by being a prosecutor, 2) by flat out lying about it and 3) by being a defense lawyer who picks his cases very [...]</description>
		<content:encoded><![CDATA[<p>[...] 1) by being a prosecutor, 2) by flat out lying about it and 3) by being a defense lawyer who picks his cases very [...]</p>
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		<title>By: Gideon</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15822</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Mon, 26 Jul 2010 21:25:00 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15822</guid>
		<description>Ah you private lawyers and your funny squabbles.</description>
		<content:encoded><![CDATA[<p>Ah you private lawyers and your funny squabbles.</p>
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	<item>
		<title>By: Defending People &#187; A(n Ex-)Prosecutor&#8217;s Principles</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15820</link>
		<dc:creator>Defending People &#187; A(n Ex-)Prosecutor&#8217;s Principles</dc:creator>
		<pubDate>Mon, 26 Jul 2010 20:59:05 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15820</guid>
		<description>[...] Vincent Bugliosi, in a comment posted by John Kindley: &#8216;Everyone is entitled to be represented by an attorney’ is the [...]</description>
		<content:encoded><![CDATA[<p>[...] Vincent Bugliosi, in a comment posted by John Kindley: &#8216;Everyone is entitled to be represented by an attorney’ is the [...]</p>
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		<title>By: Yet another installment in an unintentional series on Justice and Criminal Defense &#124; People v. State</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15815</link>
		<dc:creator>Yet another installment in an unintentional series on Justice and Criminal Defense &#124; People v. State</dc:creator>
		<pubDate>Mon, 26 Jul 2010 17:42:59 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15815</guid>
		<description>[...] a post Norm Pattis wrote about Gerry Spence&#8217;s claim that he had never lost a criminal case, muses: I wonder: what if a criminal defense lawyer took only cases that she could [...]</description>
		<content:encoded><![CDATA[<p>[...] a post Norm Pattis wrote about Gerry Spence&#8217;s claim that he had never lost a criminal case, muses: I wonder: what if a criminal defense lawyer took only cases that she could [...]</p>
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		<title>By: Jeff Gamso</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15814</link>
		<dc:creator>Jeff Gamso</dc:creator>
		<pubDate>Mon, 26 Jul 2010 15:46:24 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15814</guid>
		<description>Weighing in late (hey, I&#039;ve been busy defending people), I nevertheless feel constrained to echo (and expand on) something of what Mirriam said.  I don&#039;t much want to represent innocent people (more precisely, those I believe to be factually innocent).  I&#039;ve done it, and it&#039;s no fun.

Perry Mason isn&#039;t my role model.  The case that&#039;s interesting or that provides the opportunity to maybe make good law or where there seems some particular injustice against which to rail or where they want to kill the accused (or already convicted), that&#039;s what I&#039;ll eagerly sign on for.

It&#039;s probably a lousy business plan, but it reminds me of why I&#039;m in this business.  (On the other hand, my wife would sure like it if I brought in more cash.)</description>
		<content:encoded><![CDATA[<p>Weighing in late (hey, I&#8217;ve been busy defending people), I nevertheless feel constrained to echo (and expand on) something of what Mirriam said.  I don&#8217;t much want to represent innocent people (more precisely, those I believe to be factually innocent).  I&#8217;ve done it, and it&#8217;s no fun.</p>
<p>Perry Mason isn&#8217;t my role model.  The case that&#8217;s interesting or that provides the opportunity to maybe make good law or where there seems some particular injustice against which to rail or where they want to kill the accused (or already convicted), that&#8217;s what I&#8217;ll eagerly sign on for.</p>
<p>It&#8217;s probably a lousy business plan, but it reminds me of why I&#8217;m in this business.  (On the other hand, my wife would sure like it if I brought in more cash.)</p>
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		<title>By: Mark Bennett</title>
		<link>http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html/comment-page-1#comment-15780</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Sun, 25 Jul 2010 17:38:19 +0000</pubDate>
		<guid isPermaLink="false">http://blog.bennettandbennett.com/2010/07/business-plan-never-lose.html#comment-15780</guid>
		<description>Spence would probably say (and Bugliosi would certainly say) either that physicians are different (which would be a copout) or that as long as there are other physicians who will treat anyone, a physician can choose whom he will and will not treat

The more I read Bugliosi&#039;s quote, the more it seems that he displays symptoms of ethical retardation.</description>
		<content:encoded><![CDATA[<p>Spence would probably say (and Bugliosi would certainly say) either that physicians are different (which would be a copout) or that as long as there are other physicians who will treat anyone, a physician can choose whom he will and will not treat</p>
<p>The more I read Bugliosi&#8217;s quote, the more it seems that he displays symptoms of ethical retardation.</p>
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