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 Posted on December 04, 2008 in Uncategorized

Lunarpages screwed up my website this morning for a few hours. Defending People first reverted back to the antique-looking version of a month ago, then was entirely unavailable.

Murphy's Law being what it is, this happened following a string of high-traffic days, courtesy of the ABA Journal.

The problem seems to be fixed now, but after spending 26 minutes on hold waiting for tech support to answer, only to be told that it wasn't their problem, I'm shopping for a new shared webhosting provider.

Do any Defending People readers have any suggestions?

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It's Wednesday Morning, and DUI Hotline Network Still Sucks.

 Posted on December 03, 2008 in Uncategorized

Just yesterday I wrote about DUI Hotline Network's comment spam program, and the lawyers who are responsible for it.

Today I had three more spam comments either from sumit_2588@hotmail.com or from m.creativestrokes@yahoo.com with links to a "duihotline.com" website - in these instances, the website for New Jersey firm Levow and Associates:

Kevinsumit_2588@hotmail.com | 59.178.51.167Those people who are are engaged in high profile cases are a shear waste for society but very important and useful for lawyers.From Thus Spake Brian, 2008/12/03 at 6:29 AM2008/12/03 Approve | Spam | DeleteMike, Brainhttp://www.....com/ | m.creativestrokes@yahoo.com | 202.63.118.245Wow, dude. You just took a big leap up in my esteem of you. I read your blog just out of curiosity since I'm an ex-con. I take back all the things I said applied to ALL lawyers.From Memo to Non-Criminal Defense Lawyers, 2008/12/03 at 4:56 AM2008/12/03 Approve | Spam | DeleteMike, Brainhttp://www.....com/ | m.creativestrokes@yahoo.com | 202.63.118.245Some of those marketers are undoubtedly familiar conversant with the ethical rules governing lawyers, and are looking out as much for their clients' reputations as their clients would themselves.From Internet Marketing for Lawyers: Here Be Dragons!, 2008/12/03 at 4:36 AM

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For My Friends, Formerly of the DA's Office

 Posted on December 02, 2008 in Uncategorized

Matthew Homan's Ten Rules for New Solos.

In your specific case, I would add: you are rookies again. If you accept that, your learning curve will be much shorter.

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Want to Spend Less on Defense? Spend Less on Offense.

 Posted on December 02, 2008 in Uncategorized

As a matter of constitutional law and legal ethics, quality representation for the poor is not negotiable. If the state doesn't want to pay for indigent defense, it needs to prosecute fewer people (or at least fewer poor people).

Kansas Defenders (H/T Capital Defense Weekly).

The actual experts seem to agree on this one: the New York Times' proposed solution -

One approach would be for states to increase the registration feescharged to lawyers. The private bar also must significantly expand probono representation. Such efforts alone cannot fill the gap.Ultimately, government must take responsibility. All defendants, richor poor, have the right to competent legal counsel.

- Is a stupid idea.

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Internet Marketing for Lawyers: Here Be Dragons!

 Posted on December 02, 2008 in Uncategorized

I wrote here about "Vikram", who was spam-commenting Defending People with bad information and a link to the website of Houston DUI lawyer [name redacted by special dispensation]. Today I got another of these spam comments, this one from "Peter", using the same email address as "Vikram" and linking to Nevada lawyer Jerry Donohue's website, which is very similar to [name]'s:

A new comment on the post #1192 "Who's Spending Your Marketing Money?" is waiting for your approval /2008/12/whos-spending-your-marketing-money.html Author : peter (IP: 65.49.2.157, 65.49.2.157) E-mail : sumit_2588@hotmail.com URL : [deleted] Whois : http://ws.arin.net/cgi-bin/whois.pl?queryinput=65.49.2.157 Comment: well it is good to follow ethics n business but one need to take a lok over the all other side too. Approve it:... [nope] Delete it:... [yes, and...?] Spam it:... [yes, please!]

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Week of Republican Hatchet Jobs Continues

 Posted on December 02, 2008 in Uncategorized

Word is that the purges have begun over at the Harris County District Attorney's Office.

Some of the lawyers fired so far are very good trial lawyers of high character. They're the greatest loss to the State, and will, if they can be successfully reeducated, likely make excellent criminal-defense lawyers. (Welcome to HCCLA!)

Eliminating political opponents upon accession to power is the correct move in the game of tyranny, but I have to wonder what the reactions of those who are not fired will be to the new DA's firing of fine prosecutors for reasons unrelated to their performance as prosecutors.

If being talented, hardworking, and dedicated doesn't guarantee one job security, why bother being talented, hardworking, and dedicated?

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New Rule: No Links to Blatant Marketing Blogs

 Posted on December 02, 2008 in Uncategorized

Websites are for marketing. Blawgs are for communicating.

A blog post that includes a call to action ("If you've been charged with domestic assault, ask any prospective attorney what kind of experience they have dealing with domestic assault cases. The failure to do so could be very costly." or "If you've been charged with driving while intoxicated, contact my office.", for example) is a blatant marketing post.

I won't help you promote a blatant marketing post by citing, quoting, or linking to it.

If several of your recent posts are blatant marketing posts, your blawg is a blatant marketing blog. I won't help you promote it. If you're on my blogroll already, you're on your way off.

If you're a criminal-defense lawyer, you're a communicator. That's your business. If you trust your communications skills to be your best advertising, let go of the self-conscious blatant marketing, and let your wit, wisdom, and writing attract links to your blog. If you don't trust your communications skills to serve you better than any conscious effort, you should be neither blogging nor practicing law.

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The Outlying Counties

 Posted on December 01, 2008 in Uncategorized

Nine rules for big-city criminal-defense lawyers practicing criminal defense law outside the big city:

  1. Things are different. Don't expect what works in Houston to work in La Grange. The local rules are different, and subject to change without notice.

  2. Different is generally better. You're not going to change things, so greet each new twist with joy.

  3. People are nicer. You be nicer too.

  4. Lawyers are something special. The smaller the town, and the farther from the nearest law school, the more important lawyers are (all of these rules apply with greater force the farther from the nearest city and the smaller the town).

  5. The Peter Principle applies differently in a place with fewer lawyers - incompetent lawyers can rise to higher levels. Don't assume that this means that any lawyer you're dealing with is incapable of kicking your butt in court.

  6. You are nothing special. Remember, these small-town lawyers grew up in the small town, went away to the same law school as you, and then moved back to the small town. You didn't. The general practitioner with his office on the square is an honored member of the community; you, on the other hand, are nothing better than a "slick big-city lawyer who uses the rules to his advantage"(as one lawyer in the Piney Woods correctly described me to a judge).

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Another Opportunity to Vote for Grits or Simple Justice

 Posted on December 01, 2008 in Uncategorized

Scott Greenfield's Simple Justice has been named one of the top legal blogs in America by the ABA Journal. The ABA Journal is conducting a vote for the best blog in each of nine categories; Simple Justice's category, Crime, has four other blogs.

Scott Henson's Grits for Breakfast is also named.

Please take a moment to go to the voting page and show your appreciation to Scott or Scott by casting a vote for one of their blogs.

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Who's Spending Your Marketing Money?

 Posted on December 01, 2008 in Uncategorized

Yesterday I was asked elsewhere, "Why do you assume that those who work with lawyers and help them with their marketing don't work within the ethical requirements of the legal profession? And it is an unfortunate assumption."

Today I had this in my inbox:

A new comment on the post #716 "To Blow or Not To Blow? A Little Texas DWI Law." is waiting for your approval /blog/2008/06/to-blow-or-not-to-blow-a-little-texas-dwi-law.htmlAuthor : vikram (IP: 59.178.144.248, triband-del-59.178.144.248.bol.net.in)E-mail : sumit_2588@hotmail.comURL : http://tinyurl.com/62nphuWhois : http://ws.arin.net/cgi-bin/whois.pl?queryinput=59.178.144.248Comment:If it is your first offense, you should blow. The money you would have to pay a lawyer to win at trial or get a good plea bargain would probably be equal to the total fines and costs if you blew and just pled guilty, right?Approve it:...Delete it:...Spam it:...

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