Defending People

the tao of criminal-defense trial lawyering

Today Only?

| September 29, 2010

In the markets of South and Southeast Asia, where I learned to haggle, one of the gambits used by vendors is to claim that the offered price has to be accepted right now: “for you, today only, fifteen Rupees!” They never mean it. Turn and walk away, and the price goes down. Leave and come [...]

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There’s Always a Prosecutor

| September 28, 2010

Mike (Crime and Federalism) writes: I blog about prosecutorial misconduct more than anyone else. People are too busy creating Twitter norms. Because criminal lawyers should be more worried about whether some moron is duping lawyers into signing marketing contracts. (!) Fair criticism? Possibly. In the scheme of things, whether prosecutors are cheating and putting people [...]

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Sometimes the Texas Legislature Gets it Right

| September 24, 2010

Add this to the list of reasons that Texas is a better place to practice criminal defense law: Art. 38.075. Corroboration of Certain Testimony Required (a) A defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the defendant’s interest during a time [...]

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Scared White Republican Fear of the Day: Third-World Document-Review Terrorists

| September 24, 2010

Harris County District Clerk candidate Chris “Lightweight” Daniel still (Chris Moran, Houston Chronicle) wants to build another County parking garage. Also, he wants to use the office of District Clerk to fight the Global War on Terror: “Online filing is today putting at risk the citizens of Harris County,” Daniel said. Those files could have [...]

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Blogging Rules

| September 24, 2010

D.A. Confidential describes some of the rules he follows when writing blog posts: Do not write about ongoing cases. If I want to draw attention to one of my cases, say it’s going to trial, then I let people know it’s going to trial and I post a link to a news story about the [...]

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Not Unethical, But Still Not Right

| September 23, 2010

Chief Disciplinary Counsel Mark DuBois regards the issue I submitted on behalf of the Twittergate Committee, composed of a few bloggers who felt strongly about the controversy mentioned above, as frivolous, suggesting that both I and Mark Bennett have too much time on our hands. Case closed. No ethics violation, not even probable cause to [...]

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No Bono

| September 23, 2010

Yesterday’s news: the Supreme Court of Mississippi is considering forcing lawyers to provide 20 hours of pro bono representation each year. It’s not suprising: Mississippi’s poor have great difficulty getting a basic education to the poor; I shudder to imagine the quality of representation they get. Scott Greenfield, noting lawyers’ protestations that mandatory pro bono [...]

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One California Bankruptcy Lawyer Steps Into the Breach

| September 23, 2010

I told an anonymous document review whiner in this post that I would gladly spread his name if he was interested in representing human beings in their common disputes for little money. He didn’t take me up on it (it now transpires that he has actual clients, not just pretend ones, which one would never [...]

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Harris County District Clerk Candidate Chris “Lightweight” Daniel

| September 22, 2010

A sweep by either party in Harris County’s 2010 elections will be disastrous. The people of Harris County can no more afford to lose Vanessa Velasquez (Republican incumbent for the 183rd District Court), or Mike McSpadden (Republican incumbent for the 209th District Court), or Larry Standley (Republican incumbent for County Criminal Court at Law Number [...]

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Always . . . Except.

| September 21, 2010

Arizona criminal-defense lawyer Matt Brown writes about judging a “client counseling competition,” (!) and advising a struggling competitor who was concerned about asking the mock client too many questions, because he “didn’t want to know too much. Matt gave a nuanced answer: To know what to ask and what not to ask, you need intimate [...]

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