Defending People

the tao of criminal defense trial lawyering

Two-Way Street

I often (well, I used to often) gripe here about the want of real-world experience (that is, experience outside the high school–college–law school track) in prosecutors. As a broad generalization, it works great. I believe that before anyone is put into a job that includes making decisions about what punishment other people deserve for their [...]

  • Share/Bookmark

Barrelscraping.

The Pat Lykos DA’s Office has, in the last eight months, shown a marked tendency to act without calm deliberation. See the whale policy, the no-probation-for-illegal immigrants policy, the premature announcement of DIVERT, Pat Lykos calling two of her prosecutors “incompetent”, and just about every story on Murray’s blog. I wrote here about the Office’s [...]

  • Share/Bookmark

Jury Selection: Simple Rule 8: The Shrink Rule

We lawyers are analytical creatures. The LSAT doesn’t include a section of intuition puzzles. So Simple Rule 8 for Better Jury Selection is The Shrink (as in therapist) Rule: Rule 8: How Do You Feel About That? Jurors decide cases based on their guts, then look for intellectual reasons to support their emotional decisions. As [...]

  • Share/Bookmark

Andy Nolen, “Lawyer” [Updated Again]

Okay, let’s play “one of these things is not like the other things,” Houston criminal defense lawyer edition. Ready? John Floyd. Jack Carroll. James A. “Andy” Nolen. Don Becker. Tyler Flood. Wayne Hill. Which of these things just doesn’t belong? If you guessed “Andy Nolen”, you’re right.

  • Share/Bookmark

Jury Selection: Simple Rule 2: The Blind Date Rule

You may not have noticed this, but people don’t like lawyers very much. Or rather, they don’t like people acting like lawyers very much. Once they get to know them, they like the human beings behind the label just fine, but it’s not the jurors’ job to go behind the label, and if you define [...]

  • Share/Bookmark

Work-Life Balance, Explained

We lawyers are a pretty messed-up bunch—more emotionally and psychologically messed-up than the mean. We suffer from higher incidences of alcoholism, drug abuse, and depression than the general population. The lawyer whose career is his whole life, who defines himself in terms of his prowess as a lawyer, is in for disappointment and trouble. Because [...]

  • Share/Bookmark

Adam Winter and Thomas DiCicco: Lying Asshats of the Day

Today’s asshats of the day are Adam Winter and Thomas A. DiCicco, Jr. of “Web Guardian” (I don’t know if it’s this WebGuardian, but it’s probably just a boiler room in Boca Raton). The first time Adam called he gave his full name (“Adam Winter”, possibly a pseudonym; if I were working in a sleazy [...]

  • Share/Bookmark

Kirk Bernard: Not a Thief?

Sometime soon Washington personal injury attorney Kirk Bernard, or Susan L. Sipe of SLS Consulting, who claims responsibility for Bernard’s internet marketing, is going to google Bernard’s name. “Holy shit, what have I done?”, he’ll ask when he sees: Kirk Earned himself the coveted Asshat Lawyer of the Day award here at Defending People yesterday [...]

  • Share/Bookmark

Asshat Lawyer of the Day Kirk Bernard

Washington personal injury lawyer Kirk Bernard. No editorializing required—Kirk makes it look so easy. (H/T Kevin O’Keefe via Twitter.) (More: Kirk Bernard is a Slime Ball.)

  • Share/Bookmark

Blawg Review #199

This Week, in 2009 and in History February 9th was the 100th anniversary of the federal “war on drugs”, writes WindyPundit in 100 Years of FAIL. This week South Carolina cops did their part to expose the WOD for a pathetic farce. Radley Balkoff (The Agitator) writes in The Michael Phelps Witch Hunt Gets Surreal: [...]

  • Share/Bookmark