From the monthly archives:

May 2010

On Jon Katz, Texas Hold ‘Em, and Fantasy Football

May 31, 2010 Criminal Law Bloggers

Last week I had the pleasure of getting together for lunch with fellow D.C.-area lawyers/bloggers Mirriam Seddiq and Jon Katz. Regular readers of this blog know Seddiq very well, but may not know that Katz authors one of the most successful criminal law blogs out there, the Underdog blog.  I envy his blogging experience and [...]

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Writing for Scott Greenfield and Other Censors

May 31, 2010 Criminal Law Bloggers

A creative writing teacher once asked my sister who her audience was:  Who is it that you write your short stories for?  When my sister responded that she wrote with her father and her brother in mind, the teacher looked at her and said, no, those people are not your audience.  They are your censors. [...]

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On Joe McGinniss’ Latest Controversy

May 29, 2010 Miscellaneous

As a writer and journalist, Joe McGinniss sure has a knack for becoming a part of the news instead of simply reporting on it. I have written over the last couple of months about McGinniss’ role in the Jeffrey MacDonald case. McGinniss, if you will recall, befriended and lived with MacDonald prior to and during [...]

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Attorney and Client, Passing In The Night

May 28, 2010 Law Practice

One of the major complaints clients had when I worked as a public defender was that, because the lawyers were shuffled around so much, the lawyer who ended up representing them at trial probably couldn’t have picked them out in a line-up the day after. It was a valid complaint. We may well have known [...]

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When Police Officers Commit Assault

May 26, 2010 Assault

It’s a little blurb on page two of today’s Washington Post sports page, so you know it’s not real news. It begins with a quote by the defendant’s public defender:  “It’s probable he consumed too much alcohol.”  Then the facts:  Some guy vomited on a police officer and the officer’s daughter at a Phillies-National game [...]

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Flat Fees Versus Hourly Rates In A Criminal Case

May 25, 2010 Law Practice

There is no good way to charge for legal services, I am persuaded. Clients come in need. They are afraid and angry. They want a hero, a savior, a warrior. You offer them what you can. Most often it is enough. But sometimes it is not. A client grows disenchanted, angry, they want what you [...]

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The “No Papering” of a Criminal Offense in Washington, DC

May 24, 2010 Law Practice

If you have had the misfortune of being arrested in Washington, D.C, the words “no paper” should be about the most welcome thing you can hear. The two words could mean that the prosecution has decided that you never should have been arrested to begin with.  More likely, they mean that the government has decided [...]

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Ms. Magazine Article on Rape in the Military

May 24, 2010 Other Criminal Offenses

I am proud to say that the Spring 2010 issue of Ms. Magazine features my wife, Susan Burke, and her class action suit against the military on behalf of rape victims. Entitled “Culture of Rape” and now available on newsstands (but not online), the article cites a 2003 study by the Veteran Affairs Medical Center [...]

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Mirriam Seddiq on Afghan TV

May 19, 2010 Criminal Law Bloggers

Regular readers of this blog know that I am a big fan of Mirriam Seddiq.  Here she is on an Afghan TV program discussing the U.S. legal system.  The interview with Mirriam can be found at around 8 minutes in.

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When Former Lover Becomes Accuser: Civil Protection Orders in D.C.

May 19, 2010 Evidence

Your client loves a woman.  They date for two months, then the woman breaks it off. Something about jealousy and possessiveness.  Something about drinking too much.  Your client is heartbroken. If your client is John Cusack in Say Anything, he stands outside her house with a boom box on his shoulder blasting out “In Your [...]

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