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	<title>Comments on: Bad Lawyer. No Cookie.</title>
	<atom:link href="http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/feed" rel="self" type="application/rss+xml" />
	<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html</link>
	<description>the tao of criminal defense trial lawyering</description>
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		<title>By: Terrance Mish</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-8168</link>
		<dc:creator>Terrance Mish</dc:creator>
		<pubDate>Tue, 21 Apr 2009 20:27:31 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-8168</guid>
		<description>I don&#039;t care what any lawyers do or what any bad things anybody says about them. I still like all
lawyers. Well done, of course.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t care what any lawyers do or what any bad things anybody says about them. I still like all<br />
lawyers. Well done, of course.</p>
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		<title>By: John David Galt</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6459</link>
		<dc:creator>John David Galt</dc:creator>
		<pubDate>Fri, 09 Jan 2009 19:04:12 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6459</guid>
		<description>If this letter isn&#039;t enough to get its writer convicted of extortion, it ought to be.</description>
		<content:encoded><![CDATA[<p>If this letter isn&#8217;t enough to get its writer convicted of extortion, it ought to be.</p>
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		<title>By: South Texas</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6410</link>
		<dc:creator>South Texas</dc:creator>
		<pubDate>Thu, 08 Jan 2009 06:49:46 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6410</guid>
		<description>Wow.  I&#039;d be afraid to say such things to a client, much less put it in writing.  It&#039;s somewhat ironic that this is a lawyer doing this, as we are the ones who are supposed to advise people against memorializing something so brazenly unethical. 

That being said, I&#039;m hanging on to a copy of this letter for next December.  Collections can be tough around the holidays.</description>
		<content:encoded><![CDATA[<p>Wow.  I&#8217;d be afraid to say such things to a client, much less put it in writing.  It&#8217;s somewhat ironic that this is a lawyer doing this, as we are the ones who are supposed to advise people against memorializing something so brazenly unethical. </p>
<p>That being said, I&#8217;m hanging on to a copy of this letter for next December.  Collections can be tough around the holidays.</p>
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		<title>By: Ron in Houston</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6374</link>
		<dc:creator>Ron in Houston</dc:creator>
		<pubDate>Tue, 06 Jan 2009 12:04:34 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6374</guid>
		<description>That&#039;s the kind of letter that makes me hang my head in shame.   There are a lot of great people in this profession, but then there are those kinds.</description>
		<content:encoded><![CDATA[<p>That&#8217;s the kind of letter that makes me hang my head in shame.   There are a lot of great people in this profession, but then there are those kinds.</p>
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		<title>By: Rick Horowitz</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6371</link>
		<dc:creator>Rick Horowitz</dc:creator>
		<pubDate>Tue, 06 Jan 2009 05:34:09 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6371</guid>
		<description>This would almost blow my mind, except for one thing.  There are private attorneys in our town who typically grossly (and by &quot;grossly,&quot; I mean hugely, seriously, majorly, whatever-else-makes-it-clear-this-isn&#039;t-piddly) underbid all other attorneys for cases.  

It can be nearly-impossible to compete with these guys if you don&#039;t already have a huge &quot;rep.&quot;  

Yet it&#039;s well-known (or at least well-discussed amongst other attorneys) that they pretty much just walk their clients to a conviction.  

Frankly, it makes me wonder what the point of State Bar admission is.  There are people who can&#039;t get admitted who would do a better job than the above-mentioned attorneys.  To SOME extent (many public defenders being the exception), you DO get what you pay for.</description>
		<content:encoded><![CDATA[<p>This would almost blow my mind, except for one thing.  There are private attorneys in our town who typically grossly (and by &#8220;grossly,&#8221; I mean hugely, seriously, majorly, whatever-else-makes-it-clear-this-isn&#8217;t-piddly) underbid all other attorneys for cases.  </p>
<p>It can be nearly-impossible to compete with these guys if you don&#8217;t already have a huge &#8220;rep.&#8221;  </p>
<p>Yet it&#8217;s well-known (or at least well-discussed amongst other attorneys) that they pretty much just walk their clients to a conviction.  </p>
<p>Frankly, it makes me wonder what the point of State Bar admission is.  There are people who can&#8217;t get admitted who would do a better job than the above-mentioned attorneys.  To SOME extent (many public defenders being the exception), you DO get what you pay for.</p>
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		<title>By: robert</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6367</link>
		<dc:creator>robert</dc:creator>
		<pubDate>Mon, 05 Jan 2009 20:56:18 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6367</guid>
		<description>I like to insert my head into my rectum because my feces don&#039;t stink.</description>
		<content:encoded><![CDATA[<p>I like to insert my head into my rectum because my feces don&#8217;t stink.</p>
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		<title>By: Robert Guest</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6358</link>
		<dc:creator>Robert Guest</dc:creator>
		<pubDate>Mon, 05 Jan 2009 06:27:35 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6358</guid>
		<description>A larger issue is trial fees and payment plans. Not all lawyers are willing to go to court and fight for their client sans payment. Those lawyers should get all their money up front, or prosecute.

My contract has clear language and policies regarding payment and withdrawal. However, the risk of non performance is all mine. Threatening to botch a trial or have your client incarcerated for failure to pay is an unethical way of shifting that risk to the client. I&#039;ve heard similar dialogue more than a few times in the courtroom hallways. For some reason in writing it always looks worse.

Finally, I need some bailout money to start a company offering low interest criminal defense attorney&#039;s fee loans. Who&#039;s with me?</description>
		<content:encoded><![CDATA[<p>A larger issue is trial fees and payment plans. Not all lawyers are willing to go to court and fight for their client sans payment. Those lawyers should get all their money up front, or prosecute.</p>
<p>My contract has clear language and policies regarding payment and withdrawal. However, the risk of non performance is all mine. Threatening to botch a trial or have your client incarcerated for failure to pay is an unethical way of shifting that risk to the client. I&#8217;ve heard similar dialogue more than a few times in the courtroom hallways. For some reason in writing it always looks worse.</p>
<p>Finally, I need some bailout money to start a company offering low interest criminal defense attorney&#8217;s fee loans. Who&#8217;s with me?</p>
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		<title>By: S</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6355</link>
		<dc:creator>S</dc:creator>
		<pubDate>Mon, 05 Jan 2009 01:53:43 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6355</guid>
		<description>I agree with Michael.  I think no matter the motivation, the letter is an ethical violation.</description>
		<content:encoded><![CDATA[<p>I agree with Michael.  I think no matter the motivation, the letter is an ethical violation.</p>
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		<title>By: Michael</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6354</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Mon, 05 Jan 2009 01:10:41 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6354</guid>
		<description>An appalling letter. Worthy of sanctions, in my view.</description>
		<content:encoded><![CDATA[<p>An appalling letter. Worthy of sanctions, in my view.</p>
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		<title>By: BRIAN TANNEBAUM</title>
		<link>http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html/comment-page-1#comment-6353</link>
		<dc:creator>BRIAN TANNEBAUM</dc:creator>
		<pubDate>Mon, 05 Jan 2009 00:09:45 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/01/bad-lawyer-no-cookie.html#comment-6353</guid>
		<description>what has not been mentioned here, putting aside case law on expenses for indigent defendants and the legalities of withdrawal based on non-payment of fees, is that the lawyer who wrote that letter is a complete asshole.

I know you frequently use the term &quot;asshat,&quot; however we here in Florida rarely use that term.</description>
		<content:encoded><![CDATA[<p>what has not been mentioned here, putting aside case law on expenses for indigent defendants and the legalities of withdrawal based on non-payment of fees, is that the lawyer who wrote that letter is a complete asshole.</p>
<p>I know you frequently use the term &#8220;asshat,&#8221; however we here in Florida rarely use that term.</p>
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