Defending People

the tao of criminal-defense trial lawyering

The Object Lesson of Joseph Rakofsky

| April 4, 2011

To those like who want the prac­ti­cal blaw­gos­phere to be the Hap­py­sphere, with no unkind words spo­ken about any­one (unless, as Tan­nebaum points out, there are no names men­tioned, which makes the Hap­py­sphere more than a lit­tle passive-aggressive), the Joseph Rakof­sky story should pro­vide an object les­son. Joseph Rakofsky’s online mar­ket­ing is a parade of […]

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Internet Marketers and Other Scoundrels

| January 30, 2010

I wrote a cou­ple of posts over at Social Media Tyro about the ethics of ghost­blawging (some­thing I’d scrib­bled about here before). One ghostblawger’s response raised broader issues that fit bet­ter here at Defend­ing Peo­ple. In an email, Jenni Buchanan of LegalGhostblogger.com invited pri­vate dis­cus­sion of the ethics of ghost­blog­ging, and asked that I remove […]

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Call this “Notice”

| January 6, 2010

Mitchell Sas­sower is doing it. Marc J. Chase is doing it. Myron Kahn is doing it. Many oth­ers are doing it too, but those three are at the top of the list. What are they doing? They’re fund­ing FindLaw’s crappy lit­tle rip-off (all above links are nofol­low) of the name of Eric Turkewitz’s excel­lent New York Personal […]

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Does Daniel Barrera Want To Ruin Defendants’ Lives?

| December 15, 2009

If he does, the State Bar doesn’t mind. First, a story: the Texas Leg­is­la­ture amended sec­tion 38.12 of the Texas Penal Code, enti­tled, “Bar­ra­try and Solic­i­ta­tion of Pro­fes­sional Employ­ment,” in Sep­tem­ber. The for­mer statute had been held uncon­sti­tu­tional by Judge David Hit­tner in Moore v. Morales, John Cornyn had opined for­mally as Texas AG that […]

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Outsource Your Marketing, 3000 Words Edition

| November 25, 2009

Houston’s own Lin­de­man, Alvarado, and Frye has made ATL with four of its web­site pic­tures taste­lessly illus­trat­ing “Child Sex­ual Assault & Inter­net Solici­ti­a­tion [sic] of a Minor” (shown below), “Rape & Sex­ual Assault,” and “Fam­ily Vio­lence.” (H/T Gideon, whose post is enti­tled “Why peo­ple think criminal-defense lawyers are scum.”) I know Jim Lin­de­man, Gil Alvarado, […]

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In Favor of Lawyer Exceptionalism

| November 8, 2009

Avvo’s gen­eral coun­sel Josh King pro­poses this rule for the reg­u­la­tion of lawyer mar­ket­ing: Ulti­mately, in the absence of con­sumer harm – and, indeed, a crystal-clear fit within the law’s pro­hi­bi­tions – states should never find that lawyer mar­ket­ing prac­tices vio­late their rules. Josh’s rea­son­ing is Constitutional—I gather from his post that the First Amend­ment allows […]

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Waaaahhhh. Mine Hurts Too!

| November 7, 2009

Car­olyn Ele­fant details the defense of three of the “per­se­cuted” Con­necti­cut Total Bank­ruptcy lawyers. I don’t know that “per­se­cuted” is the right word to use to describe peo­ple who face pos­si­ble pun­ish­ment for some­thing they did—let’s be blunt—out of avarice. But okay.

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Lessons in Media Relations and Blogging, from Tyler Flood [Updated, and Again]

| November 7, 2009

Tyler Flood (one of the smartest lawyers Tyler Flood has ever met!) says of his recent deba­cle in the Hous­ton Press: Dur­ing the course of this process I praised so many of my col­leagues and even told Mike who to talk to, includ­ing Jed [Sil­ver­man], Gary [Trichter], Troy [McK­in­ney], [Mark] Thiessen, Murph [Doug Mur­phy], Jim […]

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Disbar the Connecticut 5

| November 6, 2009

No, not really. I don’t care whether they get dis­barred or let off. A lawyer can’t pay a non­lawyer for a refer­ral. This is an uncon­tro­ver­sial propo­si­tion. In Con­necti­cut, pay­ing a non­lawyer for a refer­ral can even be a felony. So when five Con­necti­cut lawyers signed on to pay totalbankruptcy.com $65 per refer­ral, they shouldn’t have […]

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Andy Nolen, Move Over!

| November 5, 2009

From a Hous­ton Press arti­cle about Hous­ton DWI lawyer Tyler Flood: Flood pays some­one to keep up his Google search rank­ings.… He has reviewed him­self on Yahoo (five out of five stars): “Tyler Flood is one of the smartest lawyers I have ever met…reasonably priced also!” (Here’s the pro­file giv­ing Tyler that review.)

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