Defending People

the tao of criminal-defense trial lawyering

The Club

| June 6, 2009

Gerry Spence spoke today at the end of the Texas Crim­i­nal Defense Lawyers Association’s annual Rusty Dun­can Sem­i­nar. I could see why they put Gerry last—if he spoke first, most of the lawyers talk­ing about lawyer stuff would seem largely irrel­e­vant or quaintly unself-aware. One speaker, for exam­ple, advo­cated telling jurors who gave “good” answers […]

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To a Criminal Defense Lawyer Who Just Lost a Case

| February 2, 2009

I’ll tell you a lit­tle secret that most lawyers don’t seem to real­ize: our losses make the best war sto­ries; the cases you win are, but for the things that went wrong, not sto­ries worth telling. When you’ve lost a jury trial, I don’t want to hear about how your client, your inves­ti­ga­tor, the judge, […]

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Transcript of CharonQC’s John Kane Interview

| January 30, 2009

Eng­lish law blog­ger CharonQC inter­viewed U.S. Senior Dis­trict Court Judge John Kane of Col­orado a cou­ple of days ago. Judge Kane had some inter­est­ing things to say about the war on drugs (as well as about civil pro­ce­dure); I linked to the inter­view here. With the per­mis­sion of CharonQC, I’ve com­mis­sioned a tran­script of the podcast. […]

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Power Doesn’t Like Truth

| November 29, 2008

Scott Green­field got an email crit­i­cal of his posi­tion on mar­ket­ing, and pub­lished it unedited to his blog. In one por­tion, the writer (Santa Ana, Cal­i­for­nia pro­bate lawyer David Allen Hiersekorn) writes: Even more dis­turb­ing, you actu­ally write on your web­site that you are bet­ter than other attor­neys and would get a bet­ter result for […]

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The Nature of the Job

| October 20, 2008

The job is anti­de­mo­c­ra­tic, to begin with. Our Con­sti­tu­tional mis­sion is to con­front and resist author­ity, which, in Amer­ica (where we like to elect our author­ity fig­ures) means flout­ing the more-or-less demo­c­ra­t­i­cally expressed will of the major­ity. Suc­cess­fully defend­ing peo­ple usu­ally means telling those whom the major­ity has cho­sen to enforce the laws made by […]

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Truth and Jury Nullification

| March 27, 2008

Jurors in Texas must swear that they “will a true ver­dict ren­der accord­ing to the law and the evi­dence.” My Guest Blog­ger main­tains that a nul­li­fi­ca­tion ver­dict is not “a true ver­dict accord­ing to the law and the evi­dence,” insist­ing that “true” in the con­text means “Guilty if he’s guilty and not guilty if he’s not.” […]

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