Defending People

the tao of criminal-defense trial lawyering

Lawyer Advertising: Please Tell Me We’re Almost At The Nadir

| October 25, 2012

Here is Atlanta lawyer Danny Naggiar’s web­page: None of those peo­ple is Danny Nag­giar. In fact, here’s the real Nag­giar: He’s no ado­nis, maybe, and he could use a decent hab­er­dasher, but that’s no rea­son for him to be using a stock pic­ture of an old bald dude in his adver­tis­ing. (A stock pic­ture, by […]

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TBLS">More Fun With TBLS

| October 17, 2012

Here’s another sam­ple ques­tion from the Texas Board of Legal Spe­cial­iza­tion: In fed­eral court, where a hearsay state­ment is admit­ted, the cred­i­bil­ity of the declar­ant may be attacked by: a. Prior con­vic­tions, sub­ject to Rule 609; b. Opin­ion and rep­u­ta­tion tes­ti­mony con­cern­ing the declarant’s truth­ful­ness; c. Prior incon­sis­tent state­ments; d. Spe­cific instance of con­duct, if probative […]

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My Evaluations from the Advanced Criminal-Law Course

| October 16, 2012

High­lights of audi­ence com­ments: • “The ‘Inter­est­ing Legal Ques­tions’ only served to con­fuse me.” (There’s a fine line between inter­est­ing and con­fus­ing; I cross it occa­sion­ally.) • “Pre­sen­ta­tion was well done. What a shame that his ‘biased lib­er­al­ism’ had to be so bla­tant it detracted from an oth­er­wise good dis­cus­sion.” (You stand up and fight […]

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New York City? Get a Rope.

| October 16, 2012

Here is a sam­ple ques­tion from an exam I’m prepar­ing to take on Texas crim­i­nal law. The ques­tion was pro­vided by the authors of the exam: In a jury trial the assis­tant dis­trict attor­ney calls the defense attor­ney to the stand to attempt to estab­lish that the defen­dant vis­ited the attor­ney at a cer­tain time and […]

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X2]">Gurstel Chargo: Welcome to Hell, Merolo and Kulpers [Updated X2]

| October 16, 2012

Min­nesota debt-collection mill Gurs­tel Chargo announces that it has hired two new asso­ciate attor­neys in Scotts­dale, Kather­ine Merolo and Ben­jamin S. Kulpers. I won­der if Merolo and Kulpers know what they’re in for: I am a recent (now past) employee of this law firm. FDCPA vio­la­tions hap­pen on a reg­u­lar basis, and I just wish that […]

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Meet Gurstel Chargo, “Honest Americans” {updated}

| October 14, 2012

From Min­nesota law firm Gurs­tel Chargo’s “what we do” page: Our prac­tice blend is uniquely designed to pro­vide busi­nesses with finan­cial solu­tions and asset recov­ery. Our focus pro­vides sophis­ti­cated and occa­sion­ally unlikely solu­tions to our clients fis­cally dri­ven mat­ters. From their meaning-free-mumbo-jumbo-laden “cred­i­tors rights” page: We have devel­oped sophis­ti­cated sys­tems and insti­tuted soft-touch col­lec­tion prac­tices that produce […]

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Great T-Shirts, Quick and Cheap

| October 14, 2012

Last Decem­ber a guy named Sam who works for a startup t-shirt com­pany called ooshirts emailed to offer me three free t-shirts of my own design. I put together a design with a molo­tov cock­tail on the front and “No sense of humor when it comes to total­i­tar­i­an­ism” on the back, along with the URL […]

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We Are Afraid to Name and Shame

| October 10, 2012

Hous­ton DWI lawyer Paul B. Kennedy (The Defense Rests) com­plains about Car­pet bag­ging [vis­it­ing] judges: In the mean­time, those who were tossed out of office by the pub­lic con­tinue to pre­side over tri­als because their bud­dies and for­mer col­leagues keep using them as vis­it­ing judges. It’s a process that needs to stop. While it is true […]

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UCE">Fun With UCE

| October 8, 2012

Lee” wrote to offer me a smok­ing deal: DWITicket.com is a pre­mium domain avail­able for you to attract online cus­tomers. This URL defines an entire, high rev­enue, indus­try and you can own it — whether to enhance your own prac­tice or build a direc­tory of DWI attor­neys. DWITicket.com is avail­able for just $98,777 Iif you’re the […]

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My Jury Selection Lecture (Video Fixed)

| October 5, 2012

This is my talk on jury selection—the law, the sci­ence, and the practice—from the State Bar of Texas Advanced Crim­i­nal Law Course in San Anto­nio in July 2012. My accom­pa­ny­ing paper on Texas’s law of jury selec­tion is here. My paper on sim­ple rules for bet­ter jury selec­tion is here.

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