Defending People

the tao of criminal-defense trial lawyering

A Proud Moment

Recall­ing one of the proud­est moments of my career. I’d been prac­tic­ing law for about five months. My client, who had been badly “home­towned” in court in Pales­tine, Texas, in the Piney Woods, had moved from there to Hous­ton with her child. I moved to trans­fer the case to Hous­ton while there was a motion to enforce pend­ing against her in Pales­tine, so trans­fer would have deprived the home­town judge of author­ity to enforce the decree. The ex-husband’s lawyer hadn’t both­ered to respond to my motion to sup­port. The whole of his argu­ment to the court was, “Mr. Ben­nett is a slick big-city lawyer who uses the rules to his advantage.”

I loved it.

The motion was denied, of course—welcome to the Piney Woods, slick big-city lawyer—but the man­damus was a slam-dunk.

Share

About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

One Response to “A Proud Moment”

  1. Bob Brandon says:

    The extra­or­di­nary writ is a tool too few trial lawyers avail for them­selves and their clients. It’s also a lot of fun.

Leave a non-anonymous Reply