From the category archives:

Law Practice

Perspectives on a Lost Trial

July 16, 2010 Law Practice

There has been some debate over the last couple of months in the blogosphere about the extent to which a criminal defense lawyer does and should fret over losses.
Ideally, you would assess how well you did at trial at the bar of the court right after final arguments and you would stick to that assessment [...]

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On Lindsay Lohan’s Legal Representation

July 10, 2010 DUI and Driving Offenses

Most people read about Lindsay Lohan’s recent troubles with the law and think about a young woman out of control.  I read the same reports and can’t help concluding that her recent sentence of 90 days incarceration for repeated probation violations was at least partially the fault of her high-priced lawyer.
Admittedly, I have no idea [...]

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On Plea Bargaining and The Criminal Defense Lawyer’s Role as Counselor

July 10, 2010 Law Practice

“I want a lawyer who will fight for me.”  This is something a criminal defense lawyer hears a lot from both clients and potential clients, and is probably what most people have in mind when they hire a lawyer.  The client is feeling as if the entire system is geared against him.  He wants a [...]

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On the Tyranny of Court Personnel

June 24, 2010 Criminal Procedure

Although Philadelphia is famous for the corruption within its government and police force, my wife and I were still taken aback to encounter it in person upon moving to the city in 2002.  I, for example, was surprised by the pervasive cronyism and nepotism I encountered within the city’s court system, something the people there [...]

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What This Criminal Defense Lawyer Looks For In A Client

June 22, 2010 Law Practice

JW, one of my favorite readers/commenters, has proposed a blog topic.  He says he has read a lot about what a client should look for when hiring a criminal defense lawyer. Now that JW himself is in the market for a lawyer, he would like to know what a lawyer considers when deciding whether or [...]

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On Working A Case With A Colleague

June 17, 2010 Law Practice

One of the things I liked best about being a public defender was the camaraderie with other defenders. Whenever you had a question, you could run to the office next door. If the question came up while you were in court, there was always a defender standing out in the hallway or in [...]

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On The Fallibility of Eyewitness Testimony

June 16, 2010 Law Practice

I have been trying to do a blog entry on the fallibility of eyewitness testimony for months.  And then I saw this video.  I strongly urge you to watch it.  It is quick and fun. It is also far more persuasive than anything I could say.

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On Watching A Client’s Recorded Statement To The Police

June 12, 2010 Law Practice

I am watching a DVD recording of my client’s statement to the detective.  The camera must have a wide-angle lens because my client and the detective take up only a small portion of the screen.  There is also something surreal about two people huddled together in one corner of the room, the cinderblock walls a [...]

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Self-Defense in a D.C. Assault Case

June 9, 2010 Assault

Self-defense is the use of force to protect oneself, one’s family or one’s property from a real or threatened attack.  It is an affirmative defense, meaning that the defendant has the initial burden of raising it. In D.C., once the defendant has been able to introduce sufficient evidence of self-defense, it then becomes the government’s [...]

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“Uh oh!”: Swearing-In Ceremony for the Virginia Bar

June 9, 2010 Law Practice

I was sworn into the Virginia Bar on Monday in Richmond.  I drove down with my friend and colleague Chris Guest, and also ran into Kathryn Pearlman and Tevenia Jacobs while there.  It was an impressive ceremony presided over by the entire Supreme Court of Virginia.
During the preliminary ceremony, the President of the Virginia State [...]

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