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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Christmas Wrapup

| December 24, 2010

“I can’t go through because I have the equivalent of a pacemaker in me,” she said. Hirschkind said because of the device in her body, she was led to a female TSA employee and three Austin police officers. She says she was told she was going to be patted down. “I turned to the police [...]

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Attorney John C. Osborne

| December 10, 2010

I wrote about John C. Osborne here:  The lawyer who promises to get the accused in a federal cocaine conspiracy case out on conditions of release is unethical and a liar. . . . . What happens next? My bet is that once the lawyer has been paid and four weeks have passed and the [...]

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From the Mailbag

| September 13, 2010

I’m just trying to find the best lawyer who makes me feel content. So far there hasn’t been one that can assure me that punishment will be under 5 years. You will, if you keep trying, find a lawyer who will assure you that punishment will be under five years. This lawyer will be lying [...]

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Greenfield and the Teacup

| August 11, 2010

(For more of Paladin's wisdom, buy the complete first season of Have Gun, Will Travel here.)

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Small Lesson

| July 30, 2010

At the request of a colleague out of state, I put the call out on a Texaswide criminal defense listserv for the names of some lawyers who would be good to handle a felony drug case in a faraway Texas small town. As the “I can handle those” responses came rolling in, I realized: that’s [...]

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Actually, There Are Stupid Questions

| June 18, 2010

I admit it: I was wrong. For a decade I've been encouraging young lawyers and soon-to-be lawyers to start their criminal defense practices right out of law school. With hard work, intelligence, and humility, I thought, they could do well without hurting anyone; the question, I thought, was not whether they would provide perfect representation, [...]

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Shows Promise

| June 4, 2010

Texas criminal-defense lawyers of old could talk to their jury panels about the Bible, and safely assume that they were talking about a common cultural framework. Modern culture is electronic, and much more ephemeral. It's harder for a lawyer to find a cultural hook that catches most of the jury panel. Once upon a time [...]

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A Class Act

| June 4, 2010

"When you get to the end zone, act like you've been there before."     – Darrell K. Royal Too few lawyers heed  Royal's admonition. Every dismissal becomes an excuse for a victory dance. They post to their blogs, tweet on twitter, have their buddies laud them on the listserves. Does it help get them business? Maybe [...]

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But My Way is Really Best

| May 28, 2010

For some reason, it happens in May: criminal-defense lawyers' fancies turn to . . . getting paid. This time 'round, Norm Pattis started it with Flat Fees, Black Holes, and the Value of Chaos: There are cross-cutting incentives in a flat-fee case. The client has paid for a lawyer and wants her expectations, no matter [...]

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