One of the things on the long list of bad things about being a "free" lawyer is that no one respects your time. If the judge sets a hearing for 9am - he may stroll into the courtroom at 9:30. If opposing counsel says they'll "get right back to you later today", what they really mean is 'ask me again in a month'. When you set a clients appointment for 2pm, they will show up at 12 noon and be completely disgusted with the fact that you have the nerve to be eating lunch.
OR
They will show up at 3:30 pm, THE NEXT DAY and swear YOU'RE the one with the wrong appointment date and time.
In my personal life, I like to be on time. Sometimes, I realize, I even reach the point of being anal about it. I HATE being late: to appointments, meetings, church, work, the movies-it really doesn't matter, if there is a particular time I am supposed to be there, that is what time I want to be there. Period. This is not to say I have never been and will never be late, I am human. But when I'm late I get this sick feeling in the pit of my stomach and I am calling/texting/emailing/sending out pigeon messengers to the person or people waiting for me.
I digress.
It's not even about me. What makes people not respect my time as a 'free' lawyer so horrible is that they don't seem to care that it takes time away from other cases and clients. While I am waiting for you to grace me with your presence, I have clients that wanted to come see me but could not, because I blocked off time for you. While I may have felt a little under the weather this morning, I drank some OJ, took 2 Alka-Seltzer and trucked it on in to work because YOU said this was the only day your supervisor would let you off. While I am waiting for you to finish the 'shoot-the-shit' conference you are having in chambers, I have a 16 year old client in jail whose file I would really like to be working on.
"Time is money." That adage apparently does not ring true for attorneys with non-paying clients.
Oh the life of a public offender...
Until next time,
Be blessed, be careful, don't confess and don't consent.
~LT
Friday, February 24, 2012
Thursday, January 19, 2012
It is not my job...(part 1)
Water is slowly dripping from the ceiling, not enough to actually warrant a new roof or even a bucket, but enough for mold to be growing like grass on the floor. The sound it creates when the moisture hits the floor is akin to wet golashes pressing against an equally wet carpet. There is a mixed sound of sobbing coming from the left and someone having sex down the hall to the right. With the constant and aggressive slap of skin on skin contact you can't tell if it's consensual or forced. Actually, you can't tell if the sobbing and the sex are in fact coming from two different directions. There is a toxic smell of gasoline and body oder mixed with mold everywhere you turn. It's 45 degrees outside so the air conditioning is blowing full blast and although you curl up in the fetal position so that you can fit under your 3X4 faux wool blanket, the cold slab pressed against your back makes that effort pointless. Suddenly and without warning, the brightest lights you have ever seen illuminate your surroundings. It's 4am & it's breakfast time...welcome to the County Jail.
2 days earlier a friend called you up, he needs a ride to his grandmothers house to pick up something. You're a good kid, senior in high school, active in sports, going to Fill-in-the-blank University next fall on a basketball scholarship. Your parents aren't rich or highly educated but they work hard and although they never married they were both very active in your life. You have a girlfriend and a little brother that looks up to you and wants to be JUST LIKE YOU. You're on the straight and narrow...so you think nothing of it when your friend tells you that his grandmother goes to bed early so he has to get the spare key from the back door. 10 minutes later he comes from the back, hops in the car and tells you to go.
1 day after that you are arrested as an accessory to burglary. The police interrogate you and based on what you share with them...you're guilty.
yes, you know where your friend lives.
no, that was not where he lived.
no, you have never taken him to this house before.
yes, you drove him there.
no, the lights weren't on.
yes, you drove him away when he came out.
I had a conversation with an ex-coworker yesterday and he asked how I could work so hard to get 'these people' off. Before you judge, understand that that is what most people (even if they will not admit it) are thinking when they hear that you are a criminal defense attorney. Truth be told it is not my job to get people off. It is my job to make sure that the police, the investigators, the state AND the judge do their job and do it right. It is my job to make sure that your full scholarship to Penn State doesn't turn into 15 years at State Penn, simply because you were not well versed in the law or the legal system.
People seem to take less of an issue with judges that do their 'own thing' from the bench-even when it's not the right thing. They do not hold the same harsh light on the prosecutor that commits misconduct during the course of the trial. But public defenders, public "pretenders", public "offenders" AKA criminal defense attorneys? People would readily string them up by their reproductive parts and let the birds eat away at their flesh.
It's not my job to "get people off" so don't judge me. But wake up in the county jail at 4am....and that's damn sure what you'll want me to do.
2 days earlier a friend called you up, he needs a ride to his grandmothers house to pick up something. You're a good kid, senior in high school, active in sports, going to Fill-in-the-blank University next fall on a basketball scholarship. Your parents aren't rich or highly educated but they work hard and although they never married they were both very active in your life. You have a girlfriend and a little brother that looks up to you and wants to be JUST LIKE YOU. You're on the straight and narrow...so you think nothing of it when your friend tells you that his grandmother goes to bed early so he has to get the spare key from the back door. 10 minutes later he comes from the back, hops in the car and tells you to go.
1 day after that you are arrested as an accessory to burglary. The police interrogate you and based on what you share with them...you're guilty.
yes, you know where your friend lives.
no, that was not where he lived.
no, you have never taken him to this house before.
yes, you drove him there.
no, the lights weren't on.
yes, you drove him away when he came out.
I had a conversation with an ex-coworker yesterday and he asked how I could work so hard to get 'these people' off. Before you judge, understand that that is what most people (even if they will not admit it) are thinking when they hear that you are a criminal defense attorney. Truth be told it is not my job to get people off. It is my job to make sure that the police, the investigators, the state AND the judge do their job and do it right. It is my job to make sure that your full scholarship to Penn State doesn't turn into 15 years at State Penn, simply because you were not well versed in the law or the legal system.
People seem to take less of an issue with judges that do their 'own thing' from the bench-even when it's not the right thing. They do not hold the same harsh light on the prosecutor that commits misconduct during the course of the trial. But public defenders, public "pretenders", public "offenders" AKA criminal defense attorneys? People would readily string them up by their reproductive parts and let the birds eat away at their flesh.
It's not my job to "get people off" so don't judge me. But wake up in the county jail at 4am....and that's damn sure what you'll want me to do.
Until next time,
Be blessed, be careful, don't confess and don't consent.
~LT
Be blessed, be careful, don't confess and don't consent.
~LT
Tuesday, January 3, 2012
Second guessing....
I didn't want to say it. I didn't want to admit it. I didn't want it to be true...but I don't think I want to practice law anymore.
Let me explain myself. I went to law school because I LOVE learning and I LOVE knowing things. I enjoy being able to intelligently form an opinion and then clearly advocate for the position I have taken. Unfortunately, I think the quickest way to HATE the law is to practice it. I am still searching for that area where you can do what you truly believe is right 100% of the time. I'm not saying that I will do what is right 100% of the time, but I want to know-without a shadow of a doubt that when I make a decision--I am confident in the decision I am making...and that it is MY decision.
Working at the public defenders office means no say-so over the cases and clients I accept. The judges appoint our office and the office case manager assigns them. Your only way out is if the family of the defendant decide they want to hire a 'real' lawyer or if there is a conflict and our office cannot represent the client. I have a problem with that. I know that everyone accused has the right to an attorney. I don't necessarily want to BE that attorney.
As a prosecutor, you have no say so over who you prosecute so you could end up tacking a record onto a person you don't believe is guilty. As a public defender, you have no say so over who you represent so you could end up zealously advocating for someone that your gut is telling you is guilty as sin. Plaintiff attorney's can't tell their bank clients that they should cut a break to the little old man that ran into hard times and couldn't afford his mortgage for a few months. Legal Services attorneys can't refuse to represent clients that have been living in a house for 2 years, without paying a mortgage. It's enough to drive you crazy.
I know it's cheesy and cliche, but I also went to law school so I could make some type of difference in the world. Thus far, goal NOT accomplished.
Sigh....
Let me explain myself. I went to law school because I LOVE learning and I LOVE knowing things. I enjoy being able to intelligently form an opinion and then clearly advocate for the position I have taken. Unfortunately, I think the quickest way to HATE the law is to practice it. I am still searching for that area where you can do what you truly believe is right 100% of the time. I'm not saying that I will do what is right 100% of the time, but I want to know-without a shadow of a doubt that when I make a decision--I am confident in the decision I am making...and that it is MY decision.
Working at the public defenders office means no say-so over the cases and clients I accept. The judges appoint our office and the office case manager assigns them. Your only way out is if the family of the defendant decide they want to hire a 'real' lawyer or if there is a conflict and our office cannot represent the client. I have a problem with that. I know that everyone accused has the right to an attorney. I don't necessarily want to BE that attorney.
As a prosecutor, you have no say so over who you prosecute so you could end up tacking a record onto a person you don't believe is guilty. As a public defender, you have no say so over who you represent so you could end up zealously advocating for someone that your gut is telling you is guilty as sin. Plaintiff attorney's can't tell their bank clients that they should cut a break to the little old man that ran into hard times and couldn't afford his mortgage for a few months. Legal Services attorneys can't refuse to represent clients that have been living in a house for 2 years, without paying a mortgage. It's enough to drive you crazy.
I know it's cheesy and cliche, but I also went to law school so I could make some type of difference in the world. Thus far, goal NOT accomplished.
Sigh....
Until next time,
Be blessed, be careful, don't confess and don't consent.
~LT
Be blessed, be careful, don't confess and don't consent.
~LT
Friday, December 9, 2011
Better than Viagra
The jury is still out deliberating on the rape case so the attorney I am supposed to be shadowing has someone else in the office going to another court for her. I meet this guy and he's showing me the ropes, explaining whats going on and what I need to do when I get there in the morning. We have 3 clients that have been brought over from the jail so we're going to go downstairs to see them. Trouble begins.
Apparently there is something that works better than Viagra....locking a man up for a little while and then introducing him to his new, young, female attorney. 3 separate clients meant 3 separate holding cells. When we were talking to one, the other two were super glued to their doors staring out the window. No hands in sight. When we were talking to a client he was sitting on the bench in the cell, legs together, hands over his very apparent erect penis. Sigh. It's day 7 and I'm already tired of ignoring jail cell erections.
BTW, hung jury.
I don't know if it was the fact that mom essentially pushed her daughter to get rides and money from this guy, or if it was the lack of evidence that sex of any kind-forced or consensual-had occurred, or if it was the fact that the complaining witness' mom was overly dramatic on the stand while the girl acted like this was just another day in the life, but the jury wasn't buying it. The charge was Rape 1. 7 members said not guilty, 4 said maybe guilty of rape 2. I guess the last guy/gal abstained from voting? 4 days of deliberating and they are back to the drawing board.
Until next time,
Be blessed, be careful, don't confess and don't consent.
~LT
Apparently there is something that works better than Viagra....locking a man up for a little while and then introducing him to his new, young, female attorney. 3 separate clients meant 3 separate holding cells. When we were talking to one, the other two were super glued to their doors staring out the window. No hands in sight. When we were talking to a client he was sitting on the bench in the cell, legs together, hands over his very apparent erect penis. Sigh. It's day 7 and I'm already tired of ignoring jail cell erections.
BTW, hung jury.
I don't know if it was the fact that mom essentially pushed her daughter to get rides and money from this guy, or if it was the lack of evidence that sex of any kind-forced or consensual-had occurred, or if it was the fact that the complaining witness' mom was overly dramatic on the stand while the girl acted like this was just another day in the life, but the jury wasn't buying it. The charge was Rape 1. 7 members said not guilty, 4 said maybe guilty of rape 2. I guess the last guy/gal abstained from voting? 4 days of deliberating and they are back to the drawing board.
Until next time,
Be blessed, be careful, don't confess and don't consent.
~LT
Thursday, December 8, 2011
Oh happy day
I went to jail today. It wasn't bad. The worst part was waiting an hour before going in but once we got the see the client it was smooth sailing. He was so appreciative it was unreal. I know that the universe is just setting me up to NOT be prepared for that client that wants me hung since he is not getting a 'great' deal.
Oh happy day.
Oh happy day.
Until next time,
Be blessed, be careful, don't confess and don't consent.
~LT
Be blessed, be careful, don't confess and don't consent.
~LT
Wednesday, December 7, 2011
Don't be a baby
My initial career goal was to be an agent for the CIA or FBI. My 2nd goal-a federal prosecutor. I love the form and formality and the rules. With that said, I have a lot of respect for prosecutors. 1 of my 3 legal mentors was a federal prosecutor for 26 years. 1 of my 3 legal mentors is currently a prosecutor. It is with that respect that I say the prosecutor I saw today was a disgrace to the title. In the 4 years I spent as a Criminology student, observing trials and interning with the Public Defenders Office, I have never seen such a level of immaturity. In my 3 years as a law student, I have never seen such a piss poor example of what a good advocate is. Finally, in the 4 years I have been out of law school I have never been ashamed to be a lawyer...until today. From the time court was called to order to the time that it was dismissed for the day, if the judge entered a ruling the prosecutor didnt like--he huffed and puffed. If the judge required the prosecutor to explain his line of questioning or respond to an objection--he huffed and puffed. LOUDLY.
Really?
Grow up man. Put your big boy pants on and lets get on with this.
Really?
Grow up man. Put your big boy pants on and lets get on with this.
Until next time,
Be blessed, be careful, don't confess and don't consent.
~LT
Be blessed, be careful, don't confess and don't consent.
~LT
Tuesday, December 6, 2011
Jury selection
I didn't write yesterday because there was nothing to say. More of the same-sitting in my office with nothing to do and feeling like I was bugging those that I asked for something. So I stopped. I left early for an appointment. That was the highlight of my day.
Today I sat in on the jury selection of a rape trial. Before I go any further let me say I believe I am more cut out to be in Federal Court. I like the routine, the rules, the formality of it all. State court feels like one big social. The judge finally graced us with his presence at 9:17 for the start of a 9am jury selection and then walked out again for another 5 minutes before saying a word to anyone. One of the prosecutors came in wearing red patent leather wedges, black pantyhose, a navy blue skirt, sea blue button down, a black leather jacket and a huge green cup. Sigh.
The judge then had to explain to the defendant that unless there were extenuating circumstances that he would not allow the defendant to change attorneys on the day of trial in hopes of getting a continuance until after the holidays. Pretty smart move I think. Even if it didn't work.
I digress.
So, jury selection. I have seen it done before. I have done it before. I have assisted others in doing it. But, of course, like everything else at this office--this was different. The usual things were done, the members get badges so we know who not to speak to. But when they come in-no one rose. We got a list of jurors on a seating chart and they were placed in the correct seat but it took SOOOO long. When the judge asked if the State was ready, the prosecutor spoke from his seat. The Public Defender stood. The clerk read the oath as a question but asked the jury to repeat after her (i.e., CLERK: "Do you solemnly swear", JURY: "do you solemnly swear"). Sigh. The jury was told what the case was about-NEVER seen that before. The victims name (a minor) was given (remember, this is just the jury POOL, not the ones that have been selected). The judge asked a series of close-ended 'yes' and 'no' questions, about 20-25 of them. He did not wait for the jury pool to answer. I guess this was fine because none of them answered anyway.
State's turn at bat => told the pool they are looking for a 'fair' jury. FAIL. The state gave a mini-opening statement before his 1st question. He also asked closed ended questions to which no one in the jury answered.
Defense turn at bat => State objected to the first question and the prosecutor glared at the judge when he overruled his objection. FAIL. The PD took the time to explain terms and was careful not to call the victim 'victim' but 'complaining witness.' He did a very good job but the questions were sometimes confusing.
There was 1 person that was an attorney and married to an attorney. No one followed up with her. I haven't determined if this was a major fail or not.
Jury selection was interesting because it was NOT what I was used to seeing. I saw some things that I will use again and some things that I will NOT be tolerating when I am up against this particular prosecutor. All in all a pretty good day.
Today I sat in on the jury selection of a rape trial. Before I go any further let me say I believe I am more cut out to be in Federal Court. I like the routine, the rules, the formality of it all. State court feels like one big social. The judge finally graced us with his presence at 9:17 for the start of a 9am jury selection and then walked out again for another 5 minutes before saying a word to anyone. One of the prosecutors came in wearing red patent leather wedges, black pantyhose, a navy blue skirt, sea blue button down, a black leather jacket and a huge green cup. Sigh.
The judge then had to explain to the defendant that unless there were extenuating circumstances that he would not allow the defendant to change attorneys on the day of trial in hopes of getting a continuance until after the holidays. Pretty smart move I think. Even if it didn't work.
I digress.
So, jury selection. I have seen it done before. I have done it before. I have assisted others in doing it. But, of course, like everything else at this office--this was different. The usual things were done, the members get badges so we know who not to speak to. But when they come in-no one rose. We got a list of jurors on a seating chart and they were placed in the correct seat but it took SOOOO long. When the judge asked if the State was ready, the prosecutor spoke from his seat. The Public Defender stood. The clerk read the oath as a question but asked the jury to repeat after her (i.e., CLERK: "Do you solemnly swear", JURY: "do you solemnly swear"). Sigh. The jury was told what the case was about-NEVER seen that before. The victims name (a minor) was given (remember, this is just the jury POOL, not the ones that have been selected). The judge asked a series of close-ended 'yes' and 'no' questions, about 20-25 of them. He did not wait for the jury pool to answer. I guess this was fine because none of them answered anyway.
State's turn at bat => told the pool they are looking for a 'fair' jury. FAIL. The state gave a mini-opening statement before his 1st question. He also asked closed ended questions to which no one in the jury answered.
Defense turn at bat => State objected to the first question and the prosecutor glared at the judge when he overruled his objection. FAIL. The PD took the time to explain terms and was careful not to call the victim 'victim' but 'complaining witness.' He did a very good job but the questions were sometimes confusing.
There was 1 person that was an attorney and married to an attorney. No one followed up with her. I haven't determined if this was a major fail or not.
Jury selection was interesting because it was NOT what I was used to seeing. I saw some things that I will use again and some things that I will NOT be tolerating when I am up against this particular prosecutor. All in all a pretty good day.
Until next time,
Be blessed, be careful, don't confess and don't consent.
~LT
Be blessed, be careful, don't confess and don't consent.
~LT
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