I’ve always found my relationship with cops at the DAO to be one of mutual respect and disrespect – I trust that some know more than me, that I know more than some, that our jobs are different, and that we each have different expectations of each other. Unlike cops though, I didn’t get paid overtime for trial prep and trial work, or pretrial, or anything else for that matter. When making all those Saturday and Sunday phone calls, do it because it’s the right thing to do.

Nevertheless, I’ve always tried to treat police officers with respect, even when we didn’t agree. I’ve tried to treat victims with respect when they had unrealistic expectations of the system. I’ve tried to treat defendants and their families with respect, even when they were unrealistic, or even threatening to me or my witnesses.

No one is perfect. ADA’s, police, defense lawyers. Voters, too, I guess.

Mark, as far as ex-ADA’s making good or bad defense lawyers – each lawyer is his or her own. Charlie Davidson laid some law on some bad folk, but he’s a hell of a good defense lawyer. A lot of defense lawyers, by contrast, left the DAO, because they weren’t good lawyers at all, and they persist in being bad. Then there are those who left the DA’s office because they wanted the courtroom experience, but didn’t want to prosecute at all, and now, they are answering their calling, and doing a fine job. I guess it’s the whole range.

And, it’s true, I have no social life.

Pro.v, your 8:03 Friday evening post (yours and my response to your prior must’ve passed each other by) illustrates not (a) that, like the rest of us posting on Friday evening, you probably have no social life; and (b) why great prosecutors don’t necessarily make good defense lawyers. You’re agreeing with me, no?

I’ve seen the guys you talk about on the stand. Its embarassing.

I have had some HORRIBLE officers on the stand. Not always rookies, but guys with experience that can’t even remember what they told you five minutes ago, much less what they wrote, incorrectly, in the report.

That’s the thing about anecdotal evidence–it’s made up of anecdotes.

I know they have a big case load, but they always have. The difference is the people over there now. I can remember 20 years ago when you often received calls at home on Saturday and Sunday from real prosecutors who were preparing for upcoming trials. But except for a handful, those folks are long gone. They were the same people that knew what a case was worth, and didn’t make an outrageous offer just to force someone to trial.

And, I’ve also been at bench trials before a visiting judge where you knew the fix was in. The prosecutor had no problem tanking the case because it had been decided that some connected person wasn’t DWI after all.

Don’t get me wrong, they got some damn good lawyers over there, the true believers as you say. But a lot of them would be quite surprised if they went up against a competent defense attorney before an intellectually honest judge.

And for that matter, a lot of peace officers would be surprised if they did too.

Kelly’s husband is a physician. I doubt her working as a lawyer will be necessary to keep her kids fed as you suggest. I swear, the histrionics are almost unbearable at times. This is the kind of thing Mark is referring to when he talks about the lack of perspective many ADA’s have. Might Kelly have some decisions to make that may impact on her family? Sure. But the Siegler family is not in any real peril. Plenty of other working poor families are, though, which pushes your statement from ridiculous to just plain insensitive and offensive.

And, because I can’t resist, it isn’t difficult for the State to win criminal cases when you have a third chair prosecutor sitting on the bench as we have had in Harris County for far too long.

After the second time, I was in a jurisdiction that is notorious for its overzealousness, unreasonable indictment policeis,and ridiculous plea offers.

I am now referred to as “true beliver” on the defense side and I suspect that is true. One thing I did was join defense groups, go to defense cle and hit the books. It is the most rewarding time of my legal career although I did enjoy prosecution.

Many clients have told me they want a former prosecutor because they think you will know “the ins and outs” and are better able to get a better deal. My first response it to tell them that there are indeed others who may be able to get them a better deal and if that is what they want they may want to consult someone else. I will even give them names of those who I know are capable of getting much better plea offers than most of us in this jurisdiction.

I tell them that a real defense attorney is a better choice – one who does not see the State as all knowing and all powerful. That defense attorney may be a former prosecutor but that credential does not gusrantee compassionate, quality representation.

I have seen some prosecutors come out of the district attorney’s office and hit the ground running as a wonderful defense attorney. That is rare. I certainly was not one of them. I needed more than just my prosectorial expertise to become a real defense attorney. I am still working on it and will for the rest of my time practicing law.

One advantage I had was originally being in a prosecutor’s offfice where the elected DA, who is still there after 30 years, told me the day he hired me that prosecutors and defense attorneys were not enemies. We were all professionals, officers of the court who had jobs to do and that anyone who did not do that job with zeal and passion needed to be doing something else.

It took me a long time to really understand that-for awhile I couldn’t imagine why anyone would not be a prosecutor – after all we were the good guys! I have been blessed with the kindness of many who helped me learn that viewing any situation as a dichomity, especially one involving human beings, was a sure fire way to stunt my growth as a person and my development as a quality lawyer.

Keep up the good work you do with your blog. While I do not always agree with you, I find you make me think, you challenge me and I am better for it.