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	<title>Comments on: The Club</title>
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	<link>http://bennettandbennett.com/blog/2009/06/the-club.html</link>
	<description>the tao of criminal defense trial lawyering</description>
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		<title>By: Tarian</title>
		<link>http://bennettandbennett.com/blog/2009/06/the-club.html/comment-page-1#comment-8934</link>
		<dc:creator>Tarian</dc:creator>
		<pubDate>Mon, 08 Jun 2009 23:42:18 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/06/the-club.html#comment-8934</guid>
		<description>This is a difficult balancing act, but isn&#039;t there something to be said for picking your battles?  You need to stand up for your client&#039;s rights and not just &quot;go along&quot; just to get along.  In a perfect world, the judges and prosecutors would understand that you are just doing your job, it&#039;s nothing personal, and you&#039;re not trying to be an asshole...as long as you&#039;re not BEING an asshole while doing it!  

But of course our world is far from perfect, and some people take it as an affront when you inconveniently assert some fundamental right for the person you are ethically charged with protecting.  Still, the way it is, I see more benefits from being in The Club than outside it.  Members, as well as their non-legal colleagues such as clerks, court reporters, bailiffs, etc., tend to make life miserable for those outside The Club, particularly if they catch the faint (or in some cases rancorous) whiff of superiority coming off of the interloper.  And if you don&#039;t pick your battles wisely, you quickly lose credibility with the opposition and judges.  i.e., if you are ALWAYS arguing reinstatement for your clients facing MRPs/MAGs, regardless of how egregious their violations are, you are more likely to be ignored when one comes along who has a more legitimate argument for staying on probation.  

Mark, it may have been a bit stream-of-consciousness at the end, but that last line sounded a bit ominous.  Were you warning someone or just feeling mildly grumpy?</description>
		<content:encoded><![CDATA[<p>This is a difficult balancing act, but isn&#8217;t there something to be said for picking your battles?  You need to stand up for your client&#8217;s rights and not just &#8220;go along&#8221; just to get along.  In a perfect world, the judges and prosecutors would understand that you are just doing your job, it&#8217;s nothing personal, and you&#8217;re not trying to be an asshole&#8230;as long as you&#8217;re not BEING an asshole while doing it!  </p>
<p>But of course our world is far from perfect, and some people take it as an affront when you inconveniently assert some fundamental right for the person you are ethically charged with protecting.  Still, the way it is, I see more benefits from being in The Club than outside it.  Members, as well as their non-legal colleagues such as clerks, court reporters, bailiffs, etc., tend to make life miserable for those outside The Club, particularly if they catch the faint (or in some cases rancorous) whiff of superiority coming off of the interloper.  And if you don&#8217;t pick your battles wisely, you quickly lose credibility with the opposition and judges.  i.e., if you are ALWAYS arguing reinstatement for your clients facing MRPs/MAGs, regardless of how egregious their violations are, you are more likely to be ignored when one comes along who has a more legitimate argument for staying on probation.  </p>
<p>Mark, it may have been a bit stream-of-consciousness at the end, but that last line sounded a bit ominous.  Were you warning someone or just feeling mildly grumpy?</p>
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		<title>By: Paul B. Kennedy</title>
		<link>http://bennettandbennett.com/blog/2009/06/the-club.html/comment-page-1#comment-8929</link>
		<dc:creator>Paul B. Kennedy</dc:creator>
		<pubDate>Mon, 08 Jun 2009 16:51:03 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/06/the-club.html#comment-8929</guid>
		<description>I was retained to represent a young man down in Jackson County precisely because I was from out-of-town and not part of the good ol&#039; boy network down there.</description>
		<content:encoded><![CDATA[<p>I was retained to represent a young man down in Jackson County precisely because I was from out-of-town and not part of the good ol&#8217; boy network down there.</p>
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		<title>By: remy</title>
		<link>http://bennettandbennett.com/blog/2009/06/the-club.html/comment-page-1#comment-8921</link>
		<dc:creator>remy</dc:creator>
		<pubDate>Sun, 07 Jun 2009 21:53:17 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/06/the-club.html#comment-8921</guid>
		<description>Mark,

Thanks for the advice and this post.  Everything you told me and wrote hear continues to resonate with what is happening.  The local bar keeps trying to remind me that you catch more flies with sugar, but I am not trying to attract flies.  I guess it will get worse before its gets better but in the end no matter what the outcomes are I will make sure that I am able to walk with my head held high because I did what was right, not what was good.

remy</description>
		<content:encoded><![CDATA[<p>Mark,</p>
<p>Thanks for the advice and this post.  Everything you told me and wrote hear continues to resonate with what is happening.  The local bar keeps trying to remind me that you catch more flies with sugar, but I am not trying to attract flies.  I guess it will get worse before its gets better but in the end no matter what the outcomes are I will make sure that I am able to walk with my head held high because I did what was right, not what was good.</p>
<p>remy</p>
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		<title>By: Cyn</title>
		<link>http://bennettandbennett.com/blog/2009/06/the-club.html/comment-page-1#comment-8918</link>
		<dc:creator>Cyn</dc:creator>
		<pubDate>Sun, 07 Jun 2009 18:06:36 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/06/the-club.html#comment-8918</guid>
		<description>I agree about &quot;The Club&quot; in some ways.  However, I believe that in some small towns, a connection (for a guilty client) is a good thing.  For example, where I am from - assuming my client is guilty or looking at a MAJ or MRP - he is better off with me, or a local lawyer.  I go to talking the talk about my family there; I know a couple of judges from when I was a small kid; my ex-brother-in-law had a case once; I keep up with some of the goings on there &amp; lots of my old high school chums are still there.  I know a lot of local lore &amp; &quot;big&quot; news.  Bring in a lawyer who says they are from Houston (like the guy I saw there the last time I went - in a bow tie!), and they look for ways to screw them.  (That defendant thinks he&#039;s going to bring in some outsider type of mentality.)  There is still a lot of racism in that &amp; many small towns, too.

Different story if the client is not guilty, or has a BAD case like intox manslaughter (and one has hired the likes of Troy McKinney).  They are not so sure of themselves in trial.  They start being a bit easier to work with (although I will tell you that jurors there have a similar mindset as prosecutor about the &quot;big town&quot; lawyers.  They like me cuz I&#039;m the little local gal done good &amp; still come back there regularly . . .)

As for Houston, it is large enough that I find I don&#039;t know half the prosecutors.  While I know most of the criminal judges fairly well, I don&#039;t hesitate to push the limits in trial if that is what it takes.  (Your readers can check out my blog - www.cynthiahenley.blogspot.com - where I wrote a series - team prosecutrix v. me in which I took on a judge that was VERY State&#039;s oriented.  One must go back to the first entry &amp; read forward to make sense.  I think it started in March &amp; consists of 15 mini stories of a trial.)

I do some appointments but I get dismissals &amp; special expenses on many cases because those who I&#039;m &quot;in the community&quot; with know me well enough to know that I will push push push &amp; that I WILL try a case.  And, as I respect them, they also respect me &amp; my opinion.  I don&#039;t try to snowball them but I do want the best for each &amp; every client.  I am finding that the attitude of the prosecutors I have dealt with lately have been far more positive.  (There is an exception for a couple of recent dealings - perhaps blog material.)

So I agree with you that it is not that they are doing me a favor, but they respect me (&amp; have no question about whether I will just submit or fight.)  I would never ask a prosecutor or a judge to &quot;do me a favor&quot; on a case, &amp; I don&#039;t expect that they would.  I do expect that they will believe me when I tell them something - I have a good reputation - &amp; they will consider my arguments &amp; theories because I do research &amp; I do know a lot of law.  

(It is sad to say that some of the judges will never grant a motion to suppress that essentially finds that the cop is being dishonest - which I think is dishonest.  They are presuming the officers are telling the truth.  Frankly, I&#039;ve had too many &quot;failed to use blinker&quot; cases observed by narcotics officers who then get a patrol car to make a stop to believe they are truthful.  They are part of that bad apple rotting the barrel saying, in my opinion.)

Keep up the great work with your blog!  I know how much time you contribute to keep the people informed.  I hope that they appreciate it.</description>
		<content:encoded><![CDATA[<p>I agree about &#8220;The Club&#8221; in some ways.  However, I believe that in some small towns, a connection (for a guilty client) is a good thing.  For example, where I am from &#8211; assuming my client is guilty or looking at a MAJ or MRP &#8211; he is better off with me, or a local lawyer.  I go to talking the talk about my family there; I know a couple of judges from when I was a small kid; my ex-brother-in-law had a case once; I keep up with some of the goings on there &amp; lots of my old high school chums are still there.  I know a lot of local lore &amp; &#8220;big&#8221; news.  Bring in a lawyer who says they are from Houston (like the guy I saw there the last time I went &#8211; in a bow tie!), and they look for ways to screw them.  (That defendant thinks he&#8217;s going to bring in some outsider type of mentality.)  There is still a lot of racism in that &amp; many small towns, too.</p>
<p>Different story if the client is not guilty, or has a BAD case like intox manslaughter (and one has hired the likes of Troy McKinney).  They are not so sure of themselves in trial.  They start being a bit easier to work with (although I will tell you that jurors there have a similar mindset as prosecutor about the &#8220;big town&#8221; lawyers.  They like me cuz I&#8217;m the little local gal done good &amp; still come back there regularly . . .)</p>
<p>As for Houston, it is large enough that I find I don&#8217;t know half the prosecutors.  While I know most of the criminal judges fairly well, I don&#8217;t hesitate to push the limits in trial if that is what it takes.  (Your readers can check out my blog &#8211; <a href="http://www.cynthiahenley.blogspot.com" rel="nofollow">http://www.cynthiahenley.blogspot.com</a> &#8211; where I wrote a series &#8211; team prosecutrix v. me in which I took on a judge that was VERY State&#8217;s oriented.  One must go back to the first entry &amp; read forward to make sense.  I think it started in March &amp; consists of 15 mini stories of a trial.)</p>
<p>I do some appointments but I get dismissals &amp; special expenses on many cases because those who I&#8217;m &#8220;in the community&#8221; with know me well enough to know that I will push push push &amp; that I WILL try a case.  And, as I respect them, they also respect me &amp; my opinion.  I don&#8217;t try to snowball them but I do want the best for each &amp; every client.  I am finding that the attitude of the prosecutors I have dealt with lately have been far more positive.  (There is an exception for a couple of recent dealings &#8211; perhaps blog material.)</p>
<p>So I agree with you that it is not that they are doing me a favor, but they respect me (&amp; have no question about whether I will just submit or fight.)  I would never ask a prosecutor or a judge to &#8220;do me a favor&#8221; on a case, &amp; I don&#8217;t expect that they would.  I do expect that they will believe me when I tell them something &#8211; I have a good reputation &#8211; &amp; they will consider my arguments &amp; theories because I do research &amp; I do know a lot of law.  </p>
<p>(It is sad to say that some of the judges will never grant a motion to suppress that essentially finds that the cop is being dishonest &#8211; which I think is dishonest.  They are presuming the officers are telling the truth.  Frankly, I&#8217;ve had too many &#8220;failed to use blinker&#8221; cases observed by narcotics officers who then get a patrol car to make a stop to believe they are truthful.  They are part of that bad apple rotting the barrel saying, in my opinion.)</p>
<p>Keep up the great work with your blog!  I know how much time you contribute to keep the people informed.  I hope that they appreciate it.</p>
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