Mark Bennett | April 7, 2011
I was making an appearance on a first DWI. My client had declined to participate in the cop’s agility exercises (also known as “field sobriety tests”), both at the scene and at the station. The cop claims that at the scene my client showed signs of intoxication, but on the video from the station my […]
Mark Bennett | 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 […]
Mark Bennett | March 25, 2011
Colorado District Attorney Carol Chambers, who AmJured in ethics, has done Montgomery County’s Brett Ligon (edit: and Harris County’s Pat Lykos) one better: she “is offering financial incentives for felony prosecutors who meet their goals for conviction rates at trial.” “It is hard to find performance standards by which to measure trial attorneys,” Chambers explains […]
Mark Bennett | September 24, 2010
D.A. Confidential describes some of the rules he follows when writing blog posts: Do not write about ongoing cases. If I want to draw attention to one of my cases, say it’s going to trial, then I let people know it’s going to trial and I post a link to a news story about the case, […]
Mark Bennett | September 23, 2010
Chief Disciplinary Counsel Mark DuBois regards the issue I submitted on behalf of the Twittergate Committee, composed of a few bloggers who felt strongly about the controversy mentioned above, as frivolous, suggesting that both I and Mark Bennett have too much time on our hands. Case closed. No ethics violation, not even probable cause to […]
Mark Bennett | September 17, 2010
Pattis plays dumb: So rather than engage in another link-building piece of naval [sic] gazing, I will submit the issue Bennett raised to my local Grievance Committee, the body that polices lawyers. I will publish the results of the complaint here. If I am wrong, I will admit it. First, Pattis imagines that I seek revenge […]
Mark Bennett | 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 so. […]
Mark Bennett | April 14, 2010
From an offense report: On this date investigator spoke to [prosecutor] and asked him if it was still okay to speak to the suspect at the county jail even if his attorney had faxed over a letter reminding investigators that he is representing the suspect and reminding investigators not to speak to the suspect without […]
Mark Bennett | April 8, 2010
Ethics “expert” Jack Marshall conceded that he was wrong about Eric Turkewitz’s April Fools’ Day hoax. Which was good. Better, I thought, to sometimes be wrong and realize it than always to be right. A very simple apology should have followed: Dear Mr. Turkewitz, I was wrong. I screwed up. I have no idea what […]
Mark Bennett | April 6, 2010
[L]awyers like Turkewitz are forbidden by their ethics rules (Rule 8.4, to be exact) from engaging in intentional misrepresentation or dishonesty, and there is no April Fool’s Day exception. They didn’t have a thing, didn’t lay a glove on me, although they appear to think they did. What the collected protests, rationalizations and insults (to […]
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