Where in the World is Client Sandiego?

missing-piece


Yesterday, a potential client did not show up for the free consultation they had scheduled. Today, one person did not show up for the free consultation that had been scheduled. Another potential client did not show up for a meeting they had scheduled, after putting down the deposit we require when someone misses their free consultation.

Those three people are now crying because I will not take their cases.

Let me explain — because if you are reading this blog because you’ve heard that I’m a good attorney, and you’re interested in hiring me, you’ll want to know how to avoid being stuck with your second, third, or fourth choice for an attorney.

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A Proper “Medical Marijuana” Defense

Medical Marijuana


I don’t often mention my cases online. I figure my clients deserve as much anonymity as I can give them, regardless of whether I win or lose. So you won’t find very many of my blog articles where I talk about the cases I’ve handled.

Today, though, I’m going to talk a little bit about one I won on Friday.

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Clio and the Clouds

Clouds


I’m writing this as I wait for the California Attorneys for Criminal Justice Legal Technology Seminar in South San Francisco to start. (So, if you’re here, wave to me.)

Anyone who knows me knows that I have a love-hate — but mostly love — relationship with technology. As I sit here, I’m working on my MacBook Air, having set aside my iPad 2. I don’t need to connect using the AT&T Mi-Fi hub I always carry with me, because the technology seminar facilities are providing my Internet connection today. My wi-fi/3G Apple-endowed cellphone is on vibrate, so as not to disturb.

I won’t rehash my tech background: I’ve done that before.

But there’s one area of tech I find overwhelmingly disturbing.

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Suffering

Pink Ribbon


Two of my closest friends are suffering right now.

I’m sorry for not blogging.

Carole is my first Office Manager.

Pink Ribbon


Plea Bargaining, Informed Consent, and Innocent Sheeple

Like Sheeple


Plea bargaining should be outlawed.

There. I said it. Now you know where I stand.

At the same time, I am a criminal defense attorney who represents people who are often unfairly targeted and unfairly charged in a system that is fundamentally unfair.

Unfair, wrong — hell, let’s call it what it is: EVIL.

But you like it that way.

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Money-Grubbing Lawyers

Money Grubber


First thing this morning, my blog received a visit from some unnamed individual who bravely took me to task for “not caring” about doing my job. The basis of the pseudonymous complaint was the thought that instead of “moaning and whining” on my blog, I should “get off [my] butt and away from [my] keyboard and get involved and get it fixed.” The publicity-shy soul further indicated that lawyers like me don’t really care about anyone’s liberty and rights unless it impacts — as in “improves, or at least does not harm” I guess — our wallets.

Clearly, the unnamed individual does not know me, or anything about me. Or most other criminal defense attorneys, for that matter.

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The Pain of Knowing

Making sausage


Last night, after a conversation with another attorney about politics, the direction the country is taking, and how the attitudes developing drive law enforcement and the distortions we see in the criminal “justice” system, I published a blog post.

Don’t look for it: I’ve de-published it.

The post was a wonderfully fulfilling piece of venting.

I woke several times in the night, however, thinking about it and considering that it might not be what I wanted for my blog.

What I want for my blog is to use it to explain and to show that what is happening in the world of criminal “justice” is not at all what you — and I’m hoping by “you” that I’m targeting ordinary people; not just attorneys; not just the choir — really want.

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Hold Out, Cossack & Other Adages

Boxing Lawyer


This post may sound self-congratulatory.

I don’t give a sh*t. It’s not meant to be that way. But after you read the post, maybe you’ll understand why I’m grateful my year can end on such a note.

This post is about how it feels sometimes to be a criminal defense attorney and about the occasional need to stop and remember that, no matter what, I have to keep going.

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A Criminal Defense Attorney’s “Job”

Babysitter


Recently, I won a medical marijuana case without even mentioning the words “medical” or “marijuana.” The experience, however, was anything but enjoyable and if I had known what I was getting into, I would never have taken the case.

It wasn’t the law of the case, or the issues involved, that made things difficult. It was the client. His point of view on “hiring an attorney” was that he paid good money for me. “Goddammit,” he frequently yelled, “I paid you; I’m the boss!”

But that’s not how hiring a lawyer works. Believe it or not, the “job” of a criminal defense attorney is not to do whatever his client wants, but to put on the best defense possible; to try to win the case. We’re trained for that. You’re not. That’s why you want us.

When I say, “You’re not” trained for that, I don’t intend to be mean or disrespectful to you. You’re also not trained to be brain surgeons. And, even if you were, operating on your own brain would not be wise. (The legal variation on this is “the attorney who represents himself has a fool for a client.”)

I’m writing this post because that client — whose case I won, remember — was not the first and probably won’t be the last who thought his payment of my fee meant that he got to call all the shots. I’m writing this post because, if you think that way, you’ll want another attorney. I’m not going to be as nice about this with the next person who tries calling me at 6 a.m., or 11:30 p.m., to question what I’m doing, try to force me to spend hours on the phone, and screams or yells obscenities to spice up the conversation.

When you hire an attorney, you’re hiring someone who has — allegedly — been through law school. Even a dumb attorney probably has learned more than your five-minute, five-day, or even five-month Internet search is going to teach you about handling your criminal defense.

If you disagree, represent yourself! That’s your right.

An analogy that pops into my mind is this: Can you imagine hiring a gunslinger in the Old West, but after hiring him, you decide you’re going to follow him around, help him draw the gun, hold onto his hand while he aims, and, with your finger over his, you pull the trigger when you think it needs to be pulled?

That’s just dumb. If you don’t want to trust the skills of the person you hired, either get another attorney, or handle your case yourself.

I’ve spent a lot of time working to get where I am. I went through years of school. I clerked under a good criminal defense specialist. I regularly pay good money for continuing education courses and consult with my peers — other attorneys who have done the same thing.

Do you really think your Internet education helps you better understand how to handle your case than my education and experience helps me handle it?

Then don’t hire me.

I’m a criminal defense attorney. That’s my job. If you want someone who can fight your case, call me.

If you need a babysitter, or someone who will do whatever you tell them to do, you’ve come to the wrong place.


Cut and Paste “Warriors”

Warriors


Scott Greenfield writes in “On Sale, Motion to Suppress,” about how even criminal defense is not immune from the tsunami of “unbundled” services that have hit other areas of law. He’s not happy about it.

Scott and I don’t always see eye-to-eye — in fact, if I understand things correctly, I’ve been “kicked off the island” of his blogroll for refusing to stop talking to the wrong kids on the Internet playground. One man’s silliness, though, isn’t going to stop me from recognizing when he’s got a point on some other issue. And if there’s one thing Scott does tend to get right, it concerns the danger of embracing technology and innovation in the law without thinking.

Folks repeatedly tell Scott that “the marketplace is changing,” with the implication being that he needs to change with it.

There may be a few things I’d change about Scott Greenfield: grousing about an unthinking embrace of technology and innovation how legal services are provided is not one of them.

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