Defending People

the tao of criminal defense trial lawyering

The Coming TOS Boom.

Mark Bennett | November 29, 2008

I admit that I confine my blog reading to the small-batch artisanal blogs. These are blogs that are not supported by advertising, not written for mass consumption, and that are mostly written by a single author who has other things to do with her life.
This means that I miss out on blogs like The Volokh [...]

Power Doesn’t Like Truth

Mark Bennett | 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 your [...]

Rotten Tomatoes or Peeled Grapes for Scott Andringa?

Mark Bennett | November 28, 2008

From the website of Clearwater, Florida lawyer Scott Andringa:
After beginning his career as a misdemeanor prosecutor in the State Attorneys Office in Clearwater, Florida he was promoted to Misdemeanor Lead Trial Attorney. He transferred to New Port Richey, Florida in 1995 when he was promoted to prosecuting felony cases. He remained in New Port Richey [...]

Somewhere Napoleon is Smiling

Mark Bennett | November 25, 2008

Over two years ago, shortly before the most recent election for the fifteen Harris County Criminal Court at Law (misdemeanor) benches, there was a brouhaha at the Harris County Criminal Justice Center about a politically incorrect email sent by CCCL6 Judge Larry Standley to other judges:
The issue: an e-mail [captioned, "What in the world is [...]

Matt Shirk, You Are the Weakest Link.

Mark Bennett | November 25, 2008

From The Agitator and Myrtle Beach, South Carolina criminal defense lawyer Bobby Frederick (if I ever get tossed in jail in South Carolina, I’m calling Bobby Frederick to bust me out): Jacksonville, Florida public “defender” Matt Shirk, elected to be tough on crime (“His campaign promises included a vow not to oppose funding cuts to [...]

Look on the Bright Side: This Way You Can Do It on the Clock

Mark Bennett | November 25, 2008

Down at the criminal courthouse, the prosecutors are hard at work: updating their résumés. All Harris County Assistant District Attorneys, from the lowliest misdemeanor four to the most entrenched division chief, have been told by the incoming management to do so. (I couldn’t make this stuff up.)
Wow! That’ll be great for morale!
I will be [...]

Memo to Non-Criminal Defense Lawyers

Mark Bennett | November 24, 2008

My Civil (and Prosecutorial) Friends,
I know times are tough. The Republicans have gutted the civil justice system through tort deform. Family law and probate law and real estate law clients don’t have the money that they once had to spend on lawyers. Even in Houston, the economy is slowing down. I sympathize. Really, I do.
But [...]

Nothing to Do with PDs and Private Lawyers

Mark Bennett | November 23, 2008

A post from Minneapolis public defender Mariam’s Accident Prone blog:
Dear Private Attorney,
I know you think you know more than I do. Hell, maybe you do. I know that you think dispensing legal advice without, oh I don’t know, “reading the file” or “knowing about what the evidence is” is a good idea.
In the future, [...]

Gen Y Not as Savvy as They Say?

Mark Bennett | November 21, 2008

For all the talk of Generation Y’s technological savvy, I’m surprised that more young Houston criminal defense lawyers don’t have websites or blogs. Most of them haven’t even taken the free step of claiming their Avvo profiles.
Can anyone explain to me why that would be? Are they all spending their online energy on MySpace (where [...]

Ladies of the Jury, Opposing Counsel is Just Like You . . . Except that She’s Much More Successful

Mark Bennett | November 21, 2008

When I read articles about quirks of human behavior, I try to think of how I can take advantage of them both defensively and offensively. For example, when I read an article (from the American Society of Trial Consultants’ The Jury Expert magazine) entitled How We Can Help Witnesses Remember More, I consider not only [...]