Christmas is a funny time for divorce attorneys, at least in my area. New business all but dries up from about Thanksgiving until after the new year. Being the cynic that I am I tell people that everyone is waiting to see what they get for Christmas to see if the marriage is worth saving. Others think people stay together for the kids during the holidays. I bet I am closer to being right than anyone really wants to admit.
Existing clients on the other hand can drive you insane if you let them. Do i have to buy HIM/HER gifts? No. Why can't I just keep the children all of Christmas day? Because the Judge said so. What if I don't let him/her see the kids? You go to jail for contempt- i.e. until the Judge isn't pissed at you anymore.
Then there is Boxing day (no no one is actually boxing [I hope] but that is the name for the 26th of December. It comes from the U.K. - in Melbourne Australia it is a huge day for watching Cricket limited overs) Anyway it is the day everyone unhappy with Christmas visits call. he didn't pick the kids up, she didn't let them take their gifts.
But this one takes the cake. 803am he calls and after much confusion and a few snide comments from him about his baby mommas sexual preferences, I get to the heart of it. He missed his Christmas Eve visit.
Did you call her? A few time and texted her too.
Did you go to her house? No.
Why not? I don't know where she lives.
When did she move? I don't know that she has.
Did you go to 4 candy lane, happy town to see if she was there? No, why would I?
That is her address. Remember all of those questions she had to answers under oath - well that is the address she has told the court and us she lives at. Oh, I didn't read that stuff.
Did you call her parents? No.
Did you ask the Sheriffs office to help you find your daughter? No.
What did you do? I called her a few times
Ok, I will write a letter to her attorney complaining about it and file a motion for contempt.
And so it goes.
Wednesday, December 26, 2007
Thursday, December 13, 2007
Just when it looked like things were dying down.
I woke up to read this little story, Sex complaint filed on Judge , in the paper. The day is off to a great start that is for sure.
Thursday, December 6, 2007
Lawyer pleads guilty
Previous I posted a story about the arrests and now here is at least one rat turning on the others. I am afriad about where this will take this states judical system. We just had a lenghty trial about bribery of a Supreme Court Judge and other lesser judges down south. It is my fear that the State is about to lern that in some parts of this State justice was indeed for sale.
Miss. attorney pleads guilty to bribery
Cooperating with authorities in case involving Richard Scruggs
Associated PressThursday, December 6, 2007
JACKSON, Miss. -- An attorney has pleaded guilty to conspiracy to bribe a judge and is assisting federal prosecutors in a case involving one of the nation's wealthiest trial lawyers, according to court documents.
Timothy Balducci entered the plea late Tuesday after initially pleading not guilty to offering a bribe to Circuit Court Judge Henry Lackey earlier this year.
U.S. Atty. Jim Greenlee, in a plea agreement document filed with the federal court in Oxford, said Balducci had already cooperated with the government in its investigation of Richard "Dickie" Scruggs and would be doing more to help the government's case.
According to court records, Balducci was accused of delivering $40,000 to a judge at the behest of Scruggs for a favorable ruling in a civil case.
The case involved a dispute between Scruggs and other lawyers over $26.5 million in fees from a mass settlement of lawsuits that homeowners filed against State Farm Insurance Cos. after Hurricane Katrina.
Scruggs, whose brother-in-law is Sen. Trent Lott, R-Miss., reportedly earned about $848 million for his part in brokering a multibillion-dollar settlement with tobacco companies in the mid-1990s.
Scruggs and his co-defendants appeared in court a week ago and pleaded not guilty to six charges, including conspiracy and mail fraud. A trial date has been set for Jan. 22.
One of Scruggs' attorneys, Billy Quin, told The Associated Press on Wednesday that there's no way of knowing what Balducci was promised in exchange for his cooperation. And, Quin said, the government has not turned over alleged tape recordings that prosecutors claim link the defendants to the scheme.
The defendants "are absolutely innocent," Quin said. "Tim Balducci was operating own his own and of his own accord."
Scruggs' son and law partner, Zach Scruggs, former Mississippi Auditor Steve Patterson and attorney Sidney Backstrom also were indicted in the case. Patterson, who is not an attorney, worked for Balducci's law firm in New Albany, Miss.
Balducci sent a letter to the Mississippi Bar Association Sunday "expressing his intention to resign from the practice of law," said Adam Kilgore, the Mississippi bar's general counsel.
Miss. attorney pleads guilty to bribery
Cooperating with authorities in case involving Richard Scruggs
Associated PressThursday, December 6, 2007
JACKSON, Miss. -- An attorney has pleaded guilty to conspiracy to bribe a judge and is assisting federal prosecutors in a case involving one of the nation's wealthiest trial lawyers, according to court documents.
Timothy Balducci entered the plea late Tuesday after initially pleading not guilty to offering a bribe to Circuit Court Judge Henry Lackey earlier this year.
U.S. Atty. Jim Greenlee, in a plea agreement document filed with the federal court in Oxford, said Balducci had already cooperated with the government in its investigation of Richard "Dickie" Scruggs and would be doing more to help the government's case.
According to court records, Balducci was accused of delivering $40,000 to a judge at the behest of Scruggs for a favorable ruling in a civil case.
The case involved a dispute between Scruggs and other lawyers over $26.5 million in fees from a mass settlement of lawsuits that homeowners filed against State Farm Insurance Cos. after Hurricane Katrina.
Scruggs, whose brother-in-law is Sen. Trent Lott, R-Miss., reportedly earned about $848 million for his part in brokering a multibillion-dollar settlement with tobacco companies in the mid-1990s.
Scruggs and his co-defendants appeared in court a week ago and pleaded not guilty to six charges, including conspiracy and mail fraud. A trial date has been set for Jan. 22.
One of Scruggs' attorneys, Billy Quin, told The Associated Press on Wednesday that there's no way of knowing what Balducci was promised in exchange for his cooperation. And, Quin said, the government has not turned over alleged tape recordings that prosecutors claim link the defendants to the scheme.
The defendants "are absolutely innocent," Quin said. "Tim Balducci was operating own his own and of his own accord."
Scruggs' son and law partner, Zach Scruggs, former Mississippi Auditor Steve Patterson and attorney Sidney Backstrom also were indicted in the case. Patterson, who is not an attorney, worked for Balducci's law firm in New Albany, Miss.
Balducci sent a letter to the Mississippi Bar Association Sunday "expressing his intention to resign from the practice of law," said Adam Kilgore, the Mississippi bar's general counsel.
Thursday, November 29, 2007
Grand jury indicts high-profile lawyer in bribery scheme
This is something that I expect has a lot of people in our state lookinf over thier shoulders.
OXFORD, Miss. (AP) - A federal grand jury has indicted prominent attorney Richard "Dickie" Scruggs on criminal charges that he and other lawyers engaged in a scheme to bribe a judge.
A 13-page indictment accuses Scruggs, his son and law partner Zach Scruggs and three other lawyers of conspiring to bribe state Circuit Court Judge Henry Lackey with more than $40,000 in cash.
CLICK HERE TO READ THE INDICTMENT>>>
They were indicted today.
According to the indictment, the lawyers tried to get Lackey to sign an order in a civil lawsuit filed by a law firm that accused Scruggs of withholding fees for work on Hurricane Katrina insurance litigation.
The indictment says Lackey, who sits in Mississippi's Third Circuit Court District, reported the "bribery overture" to federal authorities and agreed to assist investigators in an "undercover capacity."
(Copyright 2007 by The Associated Press. All Rights Reserved.)
OXFORD, Miss. (AP) - A federal grand jury has indicted prominent attorney Richard "Dickie" Scruggs on criminal charges that he and other lawyers engaged in a scheme to bribe a judge.
A 13-page indictment accuses Scruggs, his son and law partner Zach Scruggs and three other lawyers of conspiring to bribe state Circuit Court Judge Henry Lackey with more than $40,000 in cash.
CLICK HERE TO READ THE INDICTMENT>>>
They were indicted today.
According to the indictment, the lawyers tried to get Lackey to sign an order in a civil lawsuit filed by a law firm that accused Scruggs of withholding fees for work on Hurricane Katrina insurance litigation.
The indictment says Lackey, who sits in Mississippi's Third Circuit Court District, reported the "bribery overture" to federal authorities and agreed to assist investigators in an "undercover capacity."
(Copyright 2007 by The Associated Press. All Rights Reserved.)
Tuesday, November 27, 2007
Hearing
Today I had the hearing I blogged about a few days ago. The hearing went pretty good for my client. I was able to prevent the baby momma from bringing up paternity at all. She tried and and tried, but she was shut down. She was ordered to allow visitation to continue as normal, to pay me $1,500.00, to no speak to the child about who her father may or may or may not be. Several times the judge warned her she was about to spend the next few days in a jail cell. We o back on January 7, 2008 for her to show cause why she should not go to jail for contempt.
That is the good part.
Within 15 minutes of the actual hearing, but while waiting for the judge to sign the Order, the baby momma and the supposed new baby daddy discussed my client as a child molester in front of the child which I heard as well as a bailiff. What I did not hear, but was heard by the bailiff, court administrator and court clerk was about the child paternity, new tests and that my client was not daddy - in direct violation of the Judges Order. I will discuss going back to court ASAP or waiting until January with my client. I cannot express how pissed I am.
That is the good part.
Within 15 minutes of the actual hearing, but while waiting for the judge to sign the Order, the baby momma and the supposed new baby daddy discussed my client as a child molester in front of the child which I heard as well as a bailiff. What I did not hear, but was heard by the bailiff, court administrator and court clerk was about the child paternity, new tests and that my client was not daddy - in direct violation of the Judges Order. I will discuss going back to court ASAP or waiting until January with my client. I cannot express how pissed I am.
Sunday, November 25, 2007
Why it is a bad idea to like your clients
On Tuesday I have to head to court on a case that has a tortured past. I have reprsented this man for at least three years in a fight to get simple visitation rights. It has been a rollercoaster of lies and deceit. Finally this past summer he got court ordered visitation after a total of 15 years and three attorneys. His ex was very very pissed.
Flashforward - the ex has told the child my client is not dad, that another man is. She even has a brand spanking new DNA test she had done to prove it.
At this point the DNA test is worthless, except for the pain it has caused. On Tueday we are asking the ex be put in jail for interfering with the natural parental relationship and refusing visits. See even IF the test is real, my client is legally the father and will be until a court says otherwise.
Now as to the test, the ex sent somebodies samples off to be tested. The question is whose samples?
Further, my client has to decide if he wants to agree to a real DNA test or to fight the whole thing. This is not a question I can answer, only he can.
Makes for a long Thanksgiving in this house and I am sure in his as well.
Flashforward - the ex has told the child my client is not dad, that another man is. She even has a brand spanking new DNA test she had done to prove it.
At this point the DNA test is worthless, except for the pain it has caused. On Tueday we are asking the ex be put in jail for interfering with the natural parental relationship and refusing visits. See even IF the test is real, my client is legally the father and will be until a court says otherwise.
Now as to the test, the ex sent somebodies samples off to be tested. The question is whose samples?
Further, my client has to decide if he wants to agree to a real DNA test or to fight the whole thing. This is not a question I can answer, only he can.
Makes for a long Thanksgiving in this house and I am sure in his as well.
Monday, November 19, 2007
Short week
Today I have been busy as a one armed man in a porn fest. Friction burns abound.
Today i have appeared in two different immigration courts - both clients got green cards despite the man attempting to deport them, I got another attorney to agree to a temporary restrained order (TRO) against her client and had a report back on a hearing fro Oct 18. The opposing client owes $37K in back support and had only paid whopping $1000.00 since the hearing. Guess who went to jail?
Gotta love it. cheers
Today i have appeared in two different immigration courts - both clients got green cards despite the man attempting to deport them, I got another attorney to agree to a temporary restrained order (TRO) against her client and had a report back on a hearing fro Oct 18. The opposing client owes $37K in back support and had only paid whopping $1000.00 since the hearing. Guess who went to jail?
Gotta love it. cheers
Wednesday, November 14, 2007
accident
I was in an accident today. My car is totaled.
I did learn first hand just how danerous an airbag is. The heat from the airbag deploying caused my left shirtsleeve to catch fire, my watch was ripped from my arm and from the thumb up I have burned and/or filleted the skin off in a 1/2 wide strip. Also the tip of the pinky I was hoping to save - well I am back to square one there.
The passenger side airbag blow out the passenger side windshield.
For god sakes DO NOT put children in the front seat of an airbag equiped car.
I did learn first hand just how danerous an airbag is. The heat from the airbag deploying caused my left shirtsleeve to catch fire, my watch was ripped from my arm and from the thumb up I have burned and/or filleted the skin off in a 1/2 wide strip. Also the tip of the pinky I was hoping to save - well I am back to square one there.
The passenger side airbag blow out the passenger side windshield.
For god sakes DO NOT put children in the front seat of an airbag equiped car.
Gotta love it
In the world of litigation there is nothing like representing a corporate client. In a case that has landed BACK on my desk this client has general counsel who is overseeing what outside counsel is doing to moniter us the litigation counsel. Crazy huh?
Well I worked on this case the back when it first came to us and last looked at it in 2003-2004. I then moved on to pretty much become the go to trial attorney here and didn't have to do a lot of the lowly scut work on others cases. Well now this monster -17 boxs so far is back on my desk to complete discovery and depositions with an eye towards trial next year. In short, I will get to bill the hell out of this - I will have to relearn alot of the facts, review what has been done so far and then go to work on what I need to do. Sure it will mean some long hours of boring reading, but each hour is gold. thank you thank you thank you.
Well I worked on this case the back when it first came to us and last looked at it in 2003-2004. I then moved on to pretty much become the go to trial attorney here and didn't have to do a lot of the lowly scut work on others cases. Well now this monster -17 boxs so far is back on my desk to complete discovery and depositions with an eye towards trial next year. In short, I will get to bill the hell out of this - I will have to relearn alot of the facts, review what has been done so far and then go to work on what I need to do. Sure it will mean some long hours of boring reading, but each hour is gold. thank you thank you thank you.
The Truth
I admit it - I like legal fiction movies and TV shows. I don't know why - most of the time I have to keep from yelling you can't do that, or why don't you obect. But I watch them just the same.
Once in a while there is something in a movie that strikes me as perfect.
In the movie "A Civil Action" while the two attorneys are talkng in a hall way outside the courtroom waiting on the jury to come back the following conversation takes place:
Jerome Facher(Robert Durval): What's your take?
Jan Schlichtmann (John Travolta): They'll see the truth.
Jerome Facher: The truth? I thought we were talking about a court of law. Come on, you've been around long enough to know that a courtroom isn't a place to look for the truth.
The cold hard fact is truth is not normally a consideration in a trial. A trial is about winning. The jury will never hear all of the facts, will never know everything. Each attorney will try to limit what the other side can say and that s the way the system is designed. And to add to it, many legal experts believe a ury makes up its mind by the time opneing statements are finished but before the 1st witness is called.
I am not sure I believe that but I have had a trial that I knew I won on the first day of a four day trial as soon as I finished cross examining the plaintiff. My client honestly owed her some money, just not the millions she wanted. From the 1st day I could see the jury didn't like her and refused to accept anything her attorneys said.
At no time have I ever looked to find the "truth" in trial. I am not sure what the "truth" is.
Once in a while there is something in a movie that strikes me as perfect.
In the movie "A Civil Action" while the two attorneys are talkng in a hall way outside the courtroom waiting on the jury to come back the following conversation takes place:
Jerome Facher(Robert Durval): What's your take?
Jan Schlichtmann (John Travolta): They'll see the truth.
Jerome Facher: The truth? I thought we were talking about a court of law. Come on, you've been around long enough to know that a courtroom isn't a place to look for the truth.
The cold hard fact is truth is not normally a consideration in a trial. A trial is about winning. The jury will never hear all of the facts, will never know everything. Each attorney will try to limit what the other side can say and that s the way the system is designed. And to add to it, many legal experts believe a ury makes up its mind by the time opneing statements are finished but before the 1st witness is called.
I am not sure I believe that but I have had a trial that I knew I won on the first day of a four day trial as soon as I finished cross examining the plaintiff. My client honestly owed her some money, just not the millions she wanted. From the 1st day I could see the jury didn't like her and refused to accept anything her attorneys said.
At no time have I ever looked to find the "truth" in trial. I am not sure what the "truth" is.
Monday, November 12, 2007
Clients
Clients make the legal world go round and round. Without them we would have nothing to do all day but play golf and sexually harass the staff. But with clients comes certain, how shall I put this - pains in the ass.
In a recent email there was a sentence "If you've ever represented a client you didn't like . . ." Hold that thought while I stop laughing.
I am not sure I have ever met a client I liked. I love their checkbooks and the bizarre stories they bring to me, but I have yet found one I would spend non-billable time with, unless of course they were my friend before I was their attorney. (Tends to happen when your home is a bar and all of your friends are regulars).
Actually, some of my clients are good people just caught in a bad spot. Some I even feel sorry for, but they are clients. That can be the hardest part of being a new lawyer - a client is not your friend, just do the job and move on. I know I had trouble with that years ago and I see it in our new attorneys. Do the work, bill for it and forget about it when you leave the office. Do not think "can they afford for me to do this? Should I really bill for that?" - again they are clients, not your friends.
If they are your friends you probably should not be representing them anyway - you are to invested in their lives to give good advice.
Besides a client is just a necessary evil in this profession. If only there was a way to practice law, make tons of and not have any clients. Paradise.
Well it is time to go fire up a cigar and ponder how to bill for the time it took to write this.
Cheers
In a recent email there was a sentence "If you've ever represented a client you didn't like . . ." Hold that thought while I stop laughing.
I am not sure I have ever met a client I liked. I love their checkbooks and the bizarre stories they bring to me, but I have yet found one I would spend non-billable time with, unless of course they were my friend before I was their attorney. (Tends to happen when your home is a bar and all of your friends are regulars).
Actually, some of my clients are good people just caught in a bad spot. Some I even feel sorry for, but they are clients. That can be the hardest part of being a new lawyer - a client is not your friend, just do the job and move on. I know I had trouble with that years ago and I see it in our new attorneys. Do the work, bill for it and forget about it when you leave the office. Do not think "can they afford for me to do this? Should I really bill for that?" - again they are clients, not your friends.
If they are your friends you probably should not be representing them anyway - you are to invested in their lives to give good advice.
Besides a client is just a necessary evil in this profession. If only there was a way to practice law, make tons of and not have any clients. Paradise.
Well it is time to go fire up a cigar and ponder how to bill for the time it took to write this.
Cheers
Wednesday, November 7, 2007
Sick and tired, but mostly sick
I am not a Constitutional scholar or even considered to be a bright attorney by many of the elite attorneys, mostly because I did not go to the right law school or work for the right law firm, but I do know this much. I have spent the past six years practicing immigration law and arguing over what is torture verses mere persecution. That distinction becomes important in asylum cases based on the facts of any given case. After years of doing this I am sick to my soul over what our government has become. I do not recognize it as the same place as when I was going up. It is yet another example to me why I think “they” have won.
I, like the current nominee for attorney general, do know the intimate specifics of how the U.S. Government has used “waterboarding”, I only know that clients have told me about their experiences at the hands of others and what I have researched over the years about torture and United States law.
The U.S. Constitution is the highest law of the land with exceptions, but I will get to that in a second. Amendment VIII of the Constitution states Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Seems pretty clear that cruel and unusual punishments are not allowed.
The Exception I mentioned is found at Article VI, second paragraph, “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. “ (Emphasis added)
Now this means any treaty the U.S. Enters into and is ratified by Congress shall be the law of the land.
On April 18, 1988 the United States adopted and became bound by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment. (Cat) This is pretty important because Article I of the CAT reads:
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Now waterboarding is described as:
Waterboarding is a torture technique that simulates drowning in a controlled environment. It consists of immobilizing an individual on his or her back, with the head inclined downward, and pouring water over the face to force the inhalation of water into the lungs. Waterboarding has been used to obtain information, coerce confessions, punish, and intimidate. In contrast to merely submerging the head, waterboarding elicits the gag reflex, and can make the subject believe death is imminent. Waterboarding's use as a method of torture or means to support interrogation is based on its ability to cause extreme mental distress while possibly creating no lasting physical damage to the subject. The psychological effects on victims of waterboarding can last long after the procedure. Although waterboarding in cases can leave no lasting physical damage, it carries the real risks of extreme pain, damage to the lungs, brain damage caused by oxygen deprivation, injuries as a result of struggling against restraints (including broken bones), and even death.
Numerous experts have described this technique as torture. Some nations have also criminally prosecuted individuals for performing waterboarding, including the United States. (http://en.wikipedia.org/wiki/Waterboarding)
In 1947, the United States charged a Japanese officer, Yukio Asano, with war crimes for carrying out another form of waterboarding on a U.S. civilian. The subject was strapped on a stretcher that was tilted so that his feet were in the air and head near the floor, and small amounts of water were poured over his face, leaving him gasping for air until he agreed to talk.
"Asano was sentenced to 15 years of hard labor," Sen. Edward M. Kennedy (D-Mass.) told his colleagues last Thursday during the debate on military commissions legislation. "We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II," he said. (http://www.washingtonpost.com/wp-dyn/content/article/2006/10/04/AR2006100402005.html)
Now, again I am not a super smart person, but it seems to me that waterboarding is torture. But then again I am not likely to ever be attorney general.
Your thoughts are welcome
I, like the current nominee for attorney general, do know the intimate specifics of how the U.S. Government has used “waterboarding”, I only know that clients have told me about their experiences at the hands of others and what I have researched over the years about torture and United States law.
The U.S. Constitution is the highest law of the land with exceptions, but I will get to that in a second. Amendment VIII of the Constitution states Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Seems pretty clear that cruel and unusual punishments are not allowed.
The Exception I mentioned is found at Article VI, second paragraph, “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. “ (Emphasis added)
Now this means any treaty the U.S. Enters into and is ratified by Congress shall be the law of the land.
On April 18, 1988 the United States adopted and became bound by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment. (Cat) This is pretty important because Article I of the CAT reads:
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Now waterboarding is described as:
Waterboarding is a torture technique that simulates drowning in a controlled environment. It consists of immobilizing an individual on his or her back, with the head inclined downward, and pouring water over the face to force the inhalation of water into the lungs. Waterboarding has been used to obtain information, coerce confessions, punish, and intimidate. In contrast to merely submerging the head, waterboarding elicits the gag reflex, and can make the subject believe death is imminent. Waterboarding's use as a method of torture or means to support interrogation is based on its ability to cause extreme mental distress while possibly creating no lasting physical damage to the subject. The psychological effects on victims of waterboarding can last long after the procedure. Although waterboarding in cases can leave no lasting physical damage, it carries the real risks of extreme pain, damage to the lungs, brain damage caused by oxygen deprivation, injuries as a result of struggling against restraints (including broken bones), and even death.
Numerous experts have described this technique as torture. Some nations have also criminally prosecuted individuals for performing waterboarding, including the United States. (http://en.wikipedia.org/wiki/Waterboarding)
In 1947, the United States charged a Japanese officer, Yukio Asano, with war crimes for carrying out another form of waterboarding on a U.S. civilian. The subject was strapped on a stretcher that was tilted so that his feet were in the air and head near the floor, and small amounts of water were poured over his face, leaving him gasping for air until he agreed to talk.
"Asano was sentenced to 15 years of hard labor," Sen. Edward M. Kennedy (D-Mass.) told his colleagues last Thursday during the debate on military commissions legislation. "We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II," he said. (http://www.washingtonpost.com/wp-dyn/content/article/2006/10/04/AR2006100402005.html)
Now, again I am not a super smart person, but it seems to me that waterboarding is torture. But then again I am not likely to ever be attorney general.
Your thoughts are welcome
Monday, November 5, 2007
You decide
I am off to court to argue that my client should have custody of the kids while the divorce is pending. Not really sure what there is to fight over in the divorce - no assets, no debts, oh well. But fight we will.
One person has a job and a full blown drug/alcohol problem.
The other is unemployed and 5 weeks removed from rehab and living with parents.
Who do you pick?
Those are pretty much the facts the judge has to work with.
One person has a job and a full blown drug/alcohol problem.
The other is unemployed and 5 weeks removed from rehab and living with parents.
Who do you pick?
Those are pretty much the facts the judge has to work with.
Friday, October 26, 2007
The fall of an attorney
As I have posted before our local bar has been dealing with an attorney who decided to apparently steal clients money, not do the work hired to do and just drop off the face of the earth. Well he is now in jail in another state - good for him.
Earlier in the week I discovered that he had forged a judges name to some divorce papers. Why in the world he would have done that is beyond me. The sad part is this lady thought she was divorced back in June and has since gotten remarried. Or at least she thought she was remarried. Oh what tangled mess this will be to straighted out. And I am doing it for free.
Earlier in the week I discovered that he had forged a judges name to some divorce papers. Why in the world he would have done that is beyond me. The sad part is this lady thought she was divorced back in June and has since gotten remarried. Or at least she thought she was remarried. Oh what tangled mess this will be to straighted out. And I am doing it for free.
Tuesday, October 23, 2007
I love MySpace
Since I have discovered MySpace it has made my life so much easier and enjoyable. I do not lie about things like this.
In my world everyone gets their ideas from TV. All lawyers use private investigators to get the goods on the other side. Ever notice how the P.I. fees and expenses are never mentioned? That is because it is very very expensive and often turns up very little information.
Enter MySpace. It amazes me what people will put on their pages, the "comment" conversations, photographs and blogs. MySpace is my first stop when I am checking out the other side or even my own client. Then I fall back to the other methods I have learned and developed.
And it is easy to find people as well - the people who set up a MySpace page under a "clever" screen name, but forgot that they used their real name in the "names" section or their normal email as the email address when they signed up. Duh.
Some examples of what I mean include:
1. The cheating spouse who proceeds to tell the world about this fresh wonderful relationship they are in, complete with pictures. It makes my job so easy. Oh and a news flash to all of you cheaters - under this states divorce law I DO NOT have to have photos of you having sex to prove adultery - your MySpace page is enough.
2. The bad parent who has all kinds of drug alcohol photos and references. Gotta love them. My favorite is the clearly underage mom who has her dirty diapered kid in one hand and a bottle of vodka in the other. The next picture on her page is of her with a bong.
3. I am in so much pain I can’t move after that accident dude who has photos of himself playing basketball was a winner. Thank you.
The list goes on and on, but you get the jest of it.
And If I find out things about my client you can damn sure bet I make them take it down ASAP (the vodka girl was my client BTW).
So besides the social networking skills, tons of money filling out surveys and hot toothless chicks I met on MySpace it really is a work tool. Or at least that I what I tell Billbert.
In my world everyone gets their ideas from TV. All lawyers use private investigators to get the goods on the other side. Ever notice how the P.I. fees and expenses are never mentioned? That is because it is very very expensive and often turns up very little information.
Enter MySpace. It amazes me what people will put on their pages, the "comment" conversations, photographs and blogs. MySpace is my first stop when I am checking out the other side or even my own client. Then I fall back to the other methods I have learned and developed.
And it is easy to find people as well - the people who set up a MySpace page under a "clever" screen name, but forgot that they used their real name in the "names" section or their normal email as the email address when they signed up. Duh.
Some examples of what I mean include:
1. The cheating spouse who proceeds to tell the world about this fresh wonderful relationship they are in, complete with pictures. It makes my job so easy. Oh and a news flash to all of you cheaters - under this states divorce law I DO NOT have to have photos of you having sex to prove adultery - your MySpace page is enough.
2. The bad parent who has all kinds of drug alcohol photos and references. Gotta love them. My favorite is the clearly underage mom who has her dirty diapered kid in one hand and a bottle of vodka in the other. The next picture on her page is of her with a bong.
3. I am in so much pain I can’t move after that accident dude who has photos of himself playing basketball was a winner. Thank you.
The list goes on and on, but you get the jest of it.
And If I find out things about my client you can damn sure bet I make them take it down ASAP (the vodka girl was my client BTW).
So besides the social networking skills, tons of money filling out surveys and hot toothless chicks I met on MySpace it really is a work tool. Or at least that I what I tell Billbert.
Monday, October 22, 2007
Law and Order: Family Law
What do you think? A new show by Dick Wolfe? Probably not, but a catchy little title anyway.
Last week was a pretty long and grueling week in the trenches of the war against morality and accountability.
It started off with a motion to dismiss a Petition for Order of Domestic Protection - also know as a retraining order. It never got heard - I win. The facts that mattered to the judge were simple - baby momma filed in MS for a Restraining Order saying she was afraid of baby daddy and was immediate danger. Baby Daddy is in TX and has never left the state of TX. See a problem? Yep - how can you be in fear of immediate danger from someone over 500 miles away? Case dismissed.
Next up was the deadbeat dad who failed to pay $37,000 in child support. His defense? Well he didn't have one. Judge wanted o put is ass in the can til he coughed up some money, but my client begged him not to. On the 19Th bub goes to the can unless he has made a large payment. I have $100 bucks saying he is in the joint for 12 hours tops. The Bailiff thinks more like 72 hours. we will see.
Then came the rather unusual matter of the VHS tapes and digital videos. I always like these for the squirm value. Seems the two love birds made quite a few little tapes of themselves doing all kind of things to each other and a third person. Well now the love is gone and dingle berry started emailing clips to her friends and putting them up online. So off we rush to court to protect her reputation. BTW I didn't know the ping pong ball thing was true. Of course we have to watch some of the videos so everyone has a idea of what we are talking about. This is never fun - to sit next to the star as she watches herself do things when you know she would rather not have anyone ever see the tape. besides it is never the hot trim cuties who make these videos. Won on that issue as well.
Lastly came Light Fingers McGee. She stole a $19 bottle of perfume from Gordmans. (You know that had to be some good smelling stuff.) Anyway, it cost her 48 hours in lockup and a fine of $300.00. The original offer was 30 days, then 6 months house arrest and $1000.00.
A good weeks work.
Last week was a pretty long and grueling week in the trenches of the war against morality and accountability.
It started off with a motion to dismiss a Petition for Order of Domestic Protection - also know as a retraining order. It never got heard - I win. The facts that mattered to the judge were simple - baby momma filed in MS for a Restraining Order saying she was afraid of baby daddy and was immediate danger. Baby Daddy is in TX and has never left the state of TX. See a problem? Yep - how can you be in fear of immediate danger from someone over 500 miles away? Case dismissed.
Next up was the deadbeat dad who failed to pay $37,000 in child support. His defense? Well he didn't have one. Judge wanted o put is ass in the can til he coughed up some money, but my client begged him not to. On the 19Th bub goes to the can unless he has made a large payment. I have $100 bucks saying he is in the joint for 12 hours tops. The Bailiff thinks more like 72 hours. we will see.
Then came the rather unusual matter of the VHS tapes and digital videos. I always like these for the squirm value. Seems the two love birds made quite a few little tapes of themselves doing all kind of things to each other and a third person. Well now the love is gone and dingle berry started emailing clips to her friends and putting them up online. So off we rush to court to protect her reputation. BTW I didn't know the ping pong ball thing was true. Of course we have to watch some of the videos so everyone has a idea of what we are talking about. This is never fun - to sit next to the star as she watches herself do things when you know she would rather not have anyone ever see the tape. besides it is never the hot trim cuties who make these videos. Won on that issue as well.
Lastly came Light Fingers McGee. She stole a $19 bottle of perfume from Gordmans. (You know that had to be some good smelling stuff.) Anyway, it cost her 48 hours in lockup and a fine of $300.00. The original offer was 30 days, then 6 months house arrest and $1000.00.
A good weeks work.
Monday, October 8, 2007
Back to work
Today I sit at my desk thinking about working. It is not much fun, but I can't think of an excuse to leave. Don't get me wrong, I have a ton of excuses to leave the office early. the most common one is I am going to the federal building to review my clients immigration files. No today I cant use an excuse because 1) I have a 4:30 appointment and 2) I used one Thursday so I could get a jump on my New Orleans trip.
I love New Orleans and have missed her greatly. Prior to Katrina I went on a regular basis - even considered moving there after law school to work for the MAN. Or a Big law firm. It did not happen, but my love affair with the city did not die. I love the music, the food, Dixie beer and the general feel for how life moves there. The varied styles of jazz and blues drifting over the streets create an atmosphere like no other.
I honestly could never set foot on Bourbon street again and be happy but yet I am drawn there to people watch as much as anything else. Having said that I recently found Maison Bourbon - a true jazz club on Bourbon. I guess all these years I just walked past it thinking it was another Fat Catz or Cats Meow. I was wrong. If you like Jazz don't make the same mistake.
I was glad to see that the parts of the city I spent time in are coming back. There are still signs of the damage around and many parts of the city may never recover. As you get away from the Quarter for every two shops that were open, there was one boarded up.
Many of the restaurants are open with at least partial menus. If you want to wait tables, tend bar or just work "help wanted" signs abound. I was tempted to just throw in the towel and get to cracking open bottles of Abita and Dixie for the tourists and locals alike, but I am too chicken to start over again.
I can't wait to go back. Until then Beale St. and Clarksdale will have to do.
I love New Orleans and have missed her greatly. Prior to Katrina I went on a regular basis - even considered moving there after law school to work for the MAN. Or a Big law firm. It did not happen, but my love affair with the city did not die. I love the music, the food, Dixie beer and the general feel for how life moves there. The varied styles of jazz and blues drifting over the streets create an atmosphere like no other.
I honestly could never set foot on Bourbon street again and be happy but yet I am drawn there to people watch as much as anything else. Having said that I recently found Maison Bourbon - a true jazz club on Bourbon. I guess all these years I just walked past it thinking it was another Fat Catz or Cats Meow. I was wrong. If you like Jazz don't make the same mistake.
I was glad to see that the parts of the city I spent time in are coming back. There are still signs of the damage around and many parts of the city may never recover. As you get away from the Quarter for every two shops that were open, there was one boarded up.
Many of the restaurants are open with at least partial menus. If you want to wait tables, tend bar or just work "help wanted" signs abound. I was tempted to just throw in the towel and get to cracking open bottles of Abita and Dixie for the tourists and locals alike, but I am too chicken to start over again.
I can't wait to go back. Until then Beale St. and Clarksdale will have to do.
Thursday, October 4, 2007
Outcome of the recusal hearings
This in the story as printed by the DeSoto Times about the Judges hearing from Tuesday. I was surprised to learn that a motion can be squashed, but that is only one a many factual errors in the story. Maybe it is just me but I detect a little bias on the part of the Times.
Here is a link to the newspaper article about the hearing yesterday from the Desoto Appeal.
The funny thing is I was there for each of the witnesses that testified, but didnt get eh same impression the reporter is giving. One big important part left out from the Court administrators testimony was that the morning after the "bunk mate" comment, the attoreneys called the Judge to get him to hire them in in divorce. That changes the context just a bit doesn't it? There are other shadings to this that were left out of the story and some of the things have to be put into the context of the general lack of formality and over familiar way ths court system operates. Oh well.
a bit of triva - Randy Garner is "supposed" to be the basis for the Harry Rex charactor in John Grishams books. And yes this county is part of his fictious Ford/Clanton counties.
Here is a link to the newspaper article about the hearing yesterday from the Desoto Appeal.
The funny thing is I was there for each of the witnesses that testified, but didnt get eh same impression the reporter is giving. One big important part left out from the Court administrators testimony was that the morning after the "bunk mate" comment, the attoreneys called the Judge to get him to hire them in in divorce. That changes the context just a bit doesn't it? There are other shadings to this that were left out of the story and some of the things have to be put into the context of the general lack of formality and over familiar way ths court system operates. Oh well.
a bit of triva - Randy Garner is "supposed" to be the basis for the Harry Rex charactor in John Grishams books. And yes this county is part of his fictious Ford/Clanton counties.
Wednesday, September 26, 2007
The saga continues
In the previous blog entry I posted a news paper article that was published while I was out of town about a Judge and a fellow attorney. Since that time there was SUPPOSED to be a hearing on the 30+ motions, but on the day of the hearing the Attorney asked for more time to prepare her case.
I am not sure why that would be needed - she should have been prepared to proceed on HER motion. Maybe she figured she would have the support of other attorneys, especially the females. That did not happen, not by a long shot. Now the matter is specially set for a hearing on October 2, 2007. It should be interesting.
On another note the attorney is looking at contempt sanctions from our supreme court - complaints about Judges are confidential to all parties and can only be discussed with leave of the supreme court. Also she may have violated Rule 11 - seems some motions where filed in cases this Judge is not even assigned to.
No matter what happens and what the truth is I expect several peoples careers will be seriously hurt.
I am not sure why that would be needed - she should have been prepared to proceed on HER motion. Maybe she figured she would have the support of other attorneys, especially the females. That did not happen, not by a long shot. Now the matter is specially set for a hearing on October 2, 2007. It should be interesting.
On another note the attorney is looking at contempt sanctions from our supreme court - complaints about Judges are confidential to all parties and can only be discussed with leave of the supreme court. Also she may have violated Rule 11 - seems some motions where filed in cases this Judge is not even assigned to.
No matter what happens and what the truth is I expect several peoples careers will be seriously hurt.
Thursday, September 13, 2007
Lawyer complains of harassment
From our local paper. I have editied as best I can and still keep the flow of the story. I am not sure if I believe the allegations, but then again I was not there to witness it. All I know is there is another Chancellor that should be cited first, but then again I guess if you like his rulings you wouldnt want him to get get in trouble.
Lawyer complains of harassment Claims Chancellor L. made sexual advances
Wednesday, September 12, 2007
A lawyer has filed a complaint alleging Chancellor L. of G. made sexually harassing remarks and gestures to her while conducting court business.
A. J., who has practiced family law in D County for about 13 years, made the complaint to the Mississippi Commission on Judicial Performance, which investigates the conduct of judges.
Commission senior staff attorney D. could neither confirm nor deny the complaint. The commission's activities are confidential unless a complaint is deemed to have merit and forwarded to the state Supreme Court for action.
But copies were attached to more than a dozen divorce, child custody and other cases that J. and a law partner, M. M., have pending before Lundy in court in H.
L. did not respond to a request for comment made to his office in G.
The judge made headlines this summer with a ban on outdoor school activities due to record heat, a ruling that was overturned last month by the state Supreme Court.
The complaint was put in court files because J and Mhave asked Lundy to recuse himself from cases they have pending in his court. A hearing on the motion is scheduled to be heard by L at 9 a.m. Tuesday.
In the complaint, filed July 30, J wrote, "Over the past eight or nine months, I have been repeatedly subjected to direct, blatantly improper, and at times vulgar behavior on the part of Chancellor L."
She added, "His behavior has recently escalated to the point that appearances before him cause me great mental anguish and embarrassment."
J listed 10 incidents that she said occurred since last November, primarily in the judge's chambers.
She said the judge did numerous things that made her feel uncomfortable: insisting on hugging her, suggesting they should go out on dates and, at least twice, punctuating his comments by standing up and adjusting his crotch area.
J's office in S referred a reporter to M who staffs M and J's H. office.
M., who serves as a special master in Chancery Court, said, "We can't really comment on anything because of the nature of it and because of our rules of professional conduct."
Lawyer complains of harassment Claims Chancellor L. made sexual advances
Wednesday, September 12, 2007
A lawyer has filed a complaint alleging Chancellor L. of G. made sexually harassing remarks and gestures to her while conducting court business.
A. J., who has practiced family law in D County for about 13 years, made the complaint to the Mississippi Commission on Judicial Performance, which investigates the conduct of judges.
Commission senior staff attorney D. could neither confirm nor deny the complaint. The commission's activities are confidential unless a complaint is deemed to have merit and forwarded to the state Supreme Court for action.
But copies were attached to more than a dozen divorce, child custody and other cases that J. and a law partner, M. M., have pending before Lundy in court in H.
L. did not respond to a request for comment made to his office in G.
The judge made headlines this summer with a ban on outdoor school activities due to record heat, a ruling that was overturned last month by the state Supreme Court.
The complaint was put in court files because J and Mhave asked Lundy to recuse himself from cases they have pending in his court. A hearing on the motion is scheduled to be heard by L at 9 a.m. Tuesday.
In the complaint, filed July 30, J wrote, "Over the past eight or nine months, I have been repeatedly subjected to direct, blatantly improper, and at times vulgar behavior on the part of Chancellor L."
She added, "His behavior has recently escalated to the point that appearances before him cause me great mental anguish and embarrassment."
J listed 10 incidents that she said occurred since last November, primarily in the judge's chambers.
She said the judge did numerous things that made her feel uncomfortable: insisting on hugging her, suggesting they should go out on dates and, at least twice, punctuating his comments by standing up and adjusting his crotch area.
J's office in S referred a reporter to M who staffs M and J's H. office.
M., who serves as a special master in Chancery Court, said, "We can't really comment on anything because of the nature of it and because of our rules of professional conduct."
Tuesday, September 11, 2007
9-11
September 11, 2001
A lot has changed since September 11, 2001, both for our country and for me personally. I have and will continue to write about our country, so this is more personal.
In September of 2001 I was in Los Angeles working on immigration cases and my then wife was in Manhattan working in Rock Center.
That prior Saturaday there had been a riot off of Hollywood Blvd becuase the LAPD broke up an outdoor concert due to excessive drinking and fighting. It was truely wierd to see people burning buildings and turning cars over for no real reason.
That Sunday I felt my first earthquake in CA since 1983 or so. At first I thought, I didn't know this bed vibrated, then it dawned on me what it was.
The next morning I got a call from A. saying that she was ok. I had no clue, so she told me to turn on the tv and there it was - both towers on fire and reports of car bombs all over the place. I remember telling my wife that I was more concerned about car bobmbs than the few remaining planes - planes can be shot down and they would run out, but a car bomb could be anywhere, anytime. Needless to say that was a long day for all of us.
I was scheduled to leave LA that following Saturaday and had no idea if I would be able to. I booked the last Amtrak ticket leaving LA that Saturday and had also made planes to drive my rental one way to Memphis, but per the car company I would have to take 3 others with me. late Friday I was told that my NWA flight was on of the few expected to leave, but get to LAX 4 hours early. I got there 6 hours early and it was a mad house, but we left on time and I made it home. A. was already there by a very tortured route - NY, NJ, PA,(maybe OH as well) GA to TN.
Prior to 9/11 we both had been focused on our careers and a child was the furtherest thing from our minds. After 9/11 we both decided that our jobs were not worth it reguardless of the pay, that spending what time we do have with each other and out familes mattered more. On Oct. 6, we both quit our jobs and started over. I went to work as a legal aid attorney for a year and A. started in a real estate development company (where she is now a VP I believe), we bought a house and had C.
My marriage did not survive for what ever reason, but I do have a little girl who means the world to me. And I still believe my time is better spent with my girl and my family. I am good at what I do, but I do not want to be remembered as a damn good attorney, but rather as a loving father.
A lot has changed since September 11, 2001, both for our country and for me personally. I have and will continue to write about our country, so this is more personal.
In September of 2001 I was in Los Angeles working on immigration cases and my then wife was in Manhattan working in Rock Center.
That prior Saturaday there had been a riot off of Hollywood Blvd becuase the LAPD broke up an outdoor concert due to excessive drinking and fighting. It was truely wierd to see people burning buildings and turning cars over for no real reason.
That Sunday I felt my first earthquake in CA since 1983 or so. At first I thought, I didn't know this bed vibrated, then it dawned on me what it was.
The next morning I got a call from A. saying that she was ok. I had no clue, so she told me to turn on the tv and there it was - both towers on fire and reports of car bombs all over the place. I remember telling my wife that I was more concerned about car bobmbs than the few remaining planes - planes can be shot down and they would run out, but a car bomb could be anywhere, anytime. Needless to say that was a long day for all of us.
I was scheduled to leave LA that following Saturaday and had no idea if I would be able to. I booked the last Amtrak ticket leaving LA that Saturday and had also made planes to drive my rental one way to Memphis, but per the car company I would have to take 3 others with me. late Friday I was told that my NWA flight was on of the few expected to leave, but get to LAX 4 hours early. I got there 6 hours early and it was a mad house, but we left on time and I made it home. A. was already there by a very tortured route - NY, NJ, PA,(maybe OH as well) GA to TN.
Prior to 9/11 we both had been focused on our careers and a child was the furtherest thing from our minds. After 9/11 we both decided that our jobs were not worth it reguardless of the pay, that spending what time we do have with each other and out familes mattered more. On Oct. 6, we both quit our jobs and started over. I went to work as a legal aid attorney for a year and A. started in a real estate development company (where she is now a VP I believe), we bought a house and had C.
My marriage did not survive for what ever reason, but I do have a little girl who means the world to me. And I still believe my time is better spent with my girl and my family. I am good at what I do, but I do not want to be remembered as a damn good attorney, but rather as a loving father.
Thursday, September 6, 2007
Insomnia
Once in a while my old friend insomnia will stick its ugly little head into my life. Tonight seems to be one of those times.
I spent all day in court arguing finer details of child custody with a seemingly clueless attorney on the other side. After a rather devastating cross-exam of his client which included having her read back her prior testimony in another case I handled with a different baby daddy. In total we read 16 pages of prior inconsistent testimony.
When I was done I was tempted to ask the attorney "did you even talk to her about what the hell was going on?" but instead I watched him sink into his chair looking completely defeated. He did not even make an attempt to rehabilitate his client with re-direct.
In the mean time the senior partner took on a new case that goes to trial tomorrow at 9:00 am and wait for it.......yep I am expected to try it. But to make sure it is a bang up day, I have my own case set to be heard at 10:30 am. So sleep is needed in a big way.
Update – this was written on Tuesday and I have since been back to court.
We did not get or motion to continue granted, our motion to set aside a default is under advisement, (I expect it to be denied) and insisted to hear evidence on damages. The it got fun – the other side was so unprepared to present testimony about their damages – the whole point of the hearing. After 9 objections to improper questions, improper attempts to refresh memory, hearsay, lack of foundation etc etc the Judge stopped the hearing and the other attorney left the court room with a new rectal orifice and I have until the 28th to prepare to truly cross his client and challenge the damages.
My case did not go so well – the Judge decided in Mississippi a tenancy is created only with a signed lease or payment of rent – totally reading out of existence tenancy at will and tenancy at sufferance. But what do you expect from a former assistant D.A.?
I spent all day in court arguing finer details of child custody with a seemingly clueless attorney on the other side. After a rather devastating cross-exam of his client which included having her read back her prior testimony in another case I handled with a different baby daddy. In total we read 16 pages of prior inconsistent testimony.
When I was done I was tempted to ask the attorney "did you even talk to her about what the hell was going on?" but instead I watched him sink into his chair looking completely defeated. He did not even make an attempt to rehabilitate his client with re-direct.
In the mean time the senior partner took on a new case that goes to trial tomorrow at 9:00 am and wait for it.......yep I am expected to try it. But to make sure it is a bang up day, I have my own case set to be heard at 10:30 am. So sleep is needed in a big way.
Update – this was written on Tuesday and I have since been back to court.
We did not get or motion to continue granted, our motion to set aside a default is under advisement, (I expect it to be denied) and insisted to hear evidence on damages. The it got fun – the other side was so unprepared to present testimony about their damages – the whole point of the hearing. After 9 objections to improper questions, improper attempts to refresh memory, hearsay, lack of foundation etc etc the Judge stopped the hearing and the other attorney left the court room with a new rectal orifice and I have until the 28th to prepare to truly cross his client and challenge the damages.
My case did not go so well – the Judge decided in Mississippi a tenancy is created only with a signed lease or payment of rent – totally reading out of existence tenancy at will and tenancy at sufferance. But what do you expect from a former assistant D.A.?
Friday, August 31, 2007
Larry Craig
I am a bit perplexed as to what exactly Larry Craig did that was illegal. I fully understand that it is fun gossip and great fodder to show the hypocrisy of the Republican Party. You Can read the actual reports here: http://www.cnn.com/2007/POLITICS/08/28/craig.arrest/index.html
I would be concerned as to the peeping allegation, provided it is true. The rest of the finger wagging, foot tapping, rubbing and all don't seem to add up to too much in my mind. The recent tapes show that there clearly was a dispute as to what actually happened. What I have read and heard do not amount to conduct that will tend to provoke an assault or breach of the peace. I see worse and have been exposed to worse in almost any bar/nightclub I have been in.
What I see is a police officer targeting homosexuals for what appears solicitation of consensual sex. Again I see worse with heterosexuals in my favorite bar every weekend. I do not see any allegation of prostitution. What is the crime?
As far as the fact he plead guilty - most people would if they thought it would avoid having everyone know their business. Assuming Larry Craig is in fact gay and in the closest - of course he would plead guilty to keep his sexual orientation a secret. Many of people arrested for solicitation of a prostitute do the same thing - plea to avoid the embarrassment.
I would be concerned as to the peeping allegation, provided it is true. The rest of the finger wagging, foot tapping, rubbing and all don't seem to add up to too much in my mind. The recent tapes show that there clearly was a dispute as to what actually happened. What I have read and heard do not amount to conduct that will tend to provoke an assault or breach of the peace. I see worse and have been exposed to worse in almost any bar/nightclub I have been in.
What I see is a police officer targeting homosexuals for what appears solicitation of consensual sex. Again I see worse with heterosexuals in my favorite bar every weekend. I do not see any allegation of prostitution. What is the crime?
As far as the fact he plead guilty - most people would if they thought it would avoid having everyone know their business. Assuming Larry Craig is in fact gay and in the closest - of course he would plead guilty to keep his sexual orientation a secret. Many of people arrested for solicitation of a prostitute do the same thing - plea to avoid the embarrassment.
Wednesday, August 29, 2007
I thought this was funny and completely unrelated to the law
http://www.defectiveyeti.com/archives/002224.html
I love the actual snopes site. I love to reply to dumb forwards with a link explaining how the email was a joke. BTW what ever happened to that little boy who was going to get Bill Gates kidney if you just saved all of the tabs from your cokes and drove them in your car blinking your head lights at gangstas looking to kill people so they could join the gang?
I love the actual snopes site. I love to reply to dumb forwards with a link explaining how the email was a joke. BTW what ever happened to that little boy who was going to get Bill Gates kidney if you just saved all of the tabs from your cokes and drove them in your car blinking your head lights at gangstas looking to kill people so they could join the gang?
Tuesday, August 28, 2007
What Roman power slowly built, an unarmed traitor instantly overthrew.
What Roman power slowly built, an unarmed traitor instantly overthrew.
Author: Claudian (Claudianus)
Source: In Rufinum (II, 52)
I am at once proud to be a trial lawyer and yet ashamed of it due to the eve increasing bad reputation we have allowed to be assigned to the profession. Over the past several years I have been asked about, and sometimes attacked for, representing criminals and getting them off on a mere technicality. Now bear in mind that the mere technicality is normally a violation of the United States Constitution and the Bill of Rights – most notably the 4th through the 8th amendments. (did you know you can hit someone in the back of the head with a phonebook and not leave a bruise? A favorite tactic to get a confession). Most people do not see such violations as a problem as long as the bad guys are caught. That tune changes when all of a sudden it is the good guy in the cross hairs.
But as of late my statements about the value of the U.S. Constitution have become meaningless, even to me – a person who believes that this document is the most important thing there is in our government. I saw a cartoon in the op-ed section of my paper that sums it all up for me. The Constitution was drawn as a doormat for the White House.
I do not care what your political affiliation is – the current occupant of White House has betrayed the power given to him by the voters (or U.S. Supreme Court). We have been a nation of laws with three branches of government – administrative, legislative and judicial. Each branch is to act as a check and/or balance to the other. In the last 7 years that has not been the case.
Yes I said seven, even though Bush has only been president for 6 1/2 years. See regardless of your political affiliation the U.S. Supreme Court usurped the power of the electorate to appoint Bush president. Understand, much to my own disgust I did in fact vote for him in 2000, but still disagreed with the U.S. Supreme Court ruling.
Since then he has lied to us, the people of his nation as well as to the rest of the world. He has overseen the systematic dismantling of your civil liberties piece by piece. The cry that it is to protect us from terrorists is a weak one. The "Terrorists" have always been here. The Klan, the Militia, skin heads, weathermen – the unibomber and McViegh were all home ground. Islamic terrorists are new to our soil. But to dismantle out way of life, our cherished freedoms is to do the terrorists job for them and is an insult to all of those men and women, husbands and mothers, children that have EVER fought for this nation. I could not imagine "fighting to protect our American way of life" as this President has said only to see that while I am fighting the jackass who couldn't be bothered to show up for drill in the national guard was taking those freedoms away.
But the President and his lap dogs are not the only ones to blame. Where the hell has Congress been? Both parties – Republican or Democrat. YOUR FUCKING MISSION IS TO BE A CHECK ON HIS POWER! Yet there has been no check or balance. Even today, everyone is more worried about winning election than actually doing anything. If I were as incompetent as almost evyer single member of Congress has been I would be fired and lose my license. It is unreal. The Vice-President says he is not part of any branch of government and you fucks let it slide? Why? Does he have 8x10 glossies of you sodomizing a goat? The President openly states you can pass a law but he doesn't have to obey it. Show me where a signing statement is authorized in the Constitution. I seem to recall the line item veto was actually passed, signed into law and then declared unconstitutional.
This jackass has openly challenged Congress and they have done nothing except talk and bitch only to quietly rubber stamp everything.
It makes me sick to watch how we have let our government begin the decline into failure.
Author: Claudian (Claudianus)
Source: In Rufinum (II, 52)
I am at once proud to be a trial lawyer and yet ashamed of it due to the eve increasing bad reputation we have allowed to be assigned to the profession. Over the past several years I have been asked about, and sometimes attacked for, representing criminals and getting them off on a mere technicality. Now bear in mind that the mere technicality is normally a violation of the United States Constitution and the Bill of Rights – most notably the 4th through the 8th amendments. (did you know you can hit someone in the back of the head with a phonebook and not leave a bruise? A favorite tactic to get a confession). Most people do not see such violations as a problem as long as the bad guys are caught. That tune changes when all of a sudden it is the good guy in the cross hairs.
But as of late my statements about the value of the U.S. Constitution have become meaningless, even to me – a person who believes that this document is the most important thing there is in our government. I saw a cartoon in the op-ed section of my paper that sums it all up for me. The Constitution was drawn as a doormat for the White House.
I do not care what your political affiliation is – the current occupant of White House has betrayed the power given to him by the voters (or U.S. Supreme Court). We have been a nation of laws with three branches of government – administrative, legislative and judicial. Each branch is to act as a check and/or balance to the other. In the last 7 years that has not been the case.
Yes I said seven, even though Bush has only been president for 6 1/2 years. See regardless of your political affiliation the U.S. Supreme Court usurped the power of the electorate to appoint Bush president. Understand, much to my own disgust I did in fact vote for him in 2000, but still disagreed with the U.S. Supreme Court ruling.
Since then he has lied to us, the people of his nation as well as to the rest of the world. He has overseen the systematic dismantling of your civil liberties piece by piece. The cry that it is to protect us from terrorists is a weak one. The "Terrorists" have always been here. The Klan, the Militia, skin heads, weathermen – the unibomber and McViegh were all home ground. Islamic terrorists are new to our soil. But to dismantle out way of life, our cherished freedoms is to do the terrorists job for them and is an insult to all of those men and women, husbands and mothers, children that have EVER fought for this nation. I could not imagine "fighting to protect our American way of life" as this President has said only to see that while I am fighting the jackass who couldn't be bothered to show up for drill in the national guard was taking those freedoms away.
But the President and his lap dogs are not the only ones to blame. Where the hell has Congress been? Both parties – Republican or Democrat. YOUR FUCKING MISSION IS TO BE A CHECK ON HIS POWER! Yet there has been no check or balance. Even today, everyone is more worried about winning election than actually doing anything. If I were as incompetent as almost evyer single member of Congress has been I would be fired and lose my license. It is unreal. The Vice-President says he is not part of any branch of government and you fucks let it slide? Why? Does he have 8x10 glossies of you sodomizing a goat? The President openly states you can pass a law but he doesn't have to obey it. Show me where a signing statement is authorized in the Constitution. I seem to recall the line item veto was actually passed, signed into law and then declared unconstitutional.
This jackass has openly challenged Congress and they have done nothing except talk and bitch only to quietly rubber stamp everything.
It makes me sick to watch how we have let our government begin the decline into failure.
Friday, August 24, 2007
The song on my mind tonight - 37th birthday
I just cracked the top on some Jim Beam I just bought. Took a big ol' swig an' I just set her down.It's a foolish thing to think, that you could kill the hurt with drink,But it's the only thing that I can think of now. Got her down to the top of the sticker, I wish this stuff would kick in a little quicker.
I can still see us on that tiltawhirl, spinnin'.Cotton-candy and then when she had mustard on her chin, From that corn-dog that slipped right off of the stick, And that top of the Ferriss wheel kiss. I ain't forgot about that yet, But I still have some whiskey left.
Sure thought I'd be able, once I reached the middle of the label, That some of those memories would somehow wash away. Now I'm pushin' toward the bottom, an' thoughts of her, yeah, I still got 'em. Those shots, I've shot 'em, but they ain't killed yesterday.Just a little below the sticker. Yeah, I must've got a bad batch of liquor.
I can still see her standin' there on that sidewalk, Yellin' out for the taxi that would take her away, From the arms of the one that still loves her With all of his heart. I ain't forgot about that yet, But I still have some whiskey left.
I just tipped it up an' took the last sip from the cup. Threw that bottle on the ground an' started to cry. I know that I've had plenty an' now there just ain't any, An' I'm just as empty as that bottle inside.
Trent Thomlinson
I can still see us on that tiltawhirl, spinnin'.Cotton-candy and then when she had mustard on her chin, From that corn-dog that slipped right off of the stick, And that top of the Ferriss wheel kiss. I ain't forgot about that yet, But I still have some whiskey left.
Sure thought I'd be able, once I reached the middle of the label, That some of those memories would somehow wash away. Now I'm pushin' toward the bottom, an' thoughts of her, yeah, I still got 'em. Those shots, I've shot 'em, but they ain't killed yesterday.Just a little below the sticker. Yeah, I must've got a bad batch of liquor.
I can still see her standin' there on that sidewalk, Yellin' out for the taxi that would take her away, From the arms of the one that still loves her With all of his heart. I ain't forgot about that yet, But I still have some whiskey left.
I just tipped it up an' took the last sip from the cup. Threw that bottle on the ground an' started to cry. I know that I've had plenty an' now there just ain't any, An' I'm just as empty as that bottle inside.
Trent Thomlinson
Tuesday, August 21, 2007
Follow up on legal ethics question
For those that are concerned - this little drama played out two years ago. All is well and safe. the crimes were not more serious than stalking and domestic violence, which are serious enough. He was not living in the house.
If you are going to law school, prepare yourself for the ever shifting fact pattern - a favorite tool of law school teachers. In fact I use it when talking with associates who are discussing the facts of their current "perfect" slam dunk with me. It helps to expose flaws in the theory of the case and in your own thinking.
If you are going to law school, prepare yourself for the ever shifting fact pattern - a favorite tool of law school teachers. In fact I use it when talking with associates who are discussing the facts of their current "perfect" slam dunk with me. It helps to expose flaws in the theory of the case and in your own thinking.
Thursday, August 16, 2007
Law school tips
This is aimed at Ole Miss Law, but some of it will apply to any school.
The 1st thing you need to understand - law school is not like college. It is a job. You will spend more time studying than you ever have. Your reading assignments will be posted on the boards about now. Go get them and Begin reading and making case briefs as you go.
Your 1st day of class will not be a "hi, my name is Professor Bradley, this is what we Will cover in the class, see you next time. You will fill out a seating chart and class will begin. Expect to answer questions and explain why you think that is right. It is not fun, but it is not as brutal as you may have heard. Expect an ever shifting fact pattern - it is designed to make you consider how the postion you just took may not be the right postion is just one of the facts changes ever so slightly.
Let me repeat this - school will be your job in the 1st semester. You need to understand that and your significant other needs to understand that. This school will put strain on your relationship. If significant other is in law school then they are now also competition and if they are not in law school they will not understand the difference between law school and college.
Also, it is only school - do not become so wrapped up in the crap that is law school that you forget to be a person, to have fun and socialize AWAY from classmates. Lawyers and law students tend to be boring and just talk about the "big case" or a certain class. Away from work I only socialize with two lawyers - one is a fishing buddy and the other is a college football fanatic. We do not talk about or cases.
If anyone still reading this, if you have questions about Ole Miss and certain profs, email me and I will do my best to answer them.
The 1st thing you need to understand - law school is not like college. It is a job. You will spend more time studying than you ever have. Your reading assignments will be posted on the boards about now. Go get them and Begin reading and making case briefs as you go.
Your 1st day of class will not be a "hi, my name is Professor Bradley, this is what we Will cover in the class, see you next time. You will fill out a seating chart and class will begin. Expect to answer questions and explain why you think that is right. It is not fun, but it is not as brutal as you may have heard. Expect an ever shifting fact pattern - it is designed to make you consider how the postion you just took may not be the right postion is just one of the facts changes ever so slightly.
Let me repeat this - school will be your job in the 1st semester. You need to understand that and your significant other needs to understand that. This school will put strain on your relationship. If significant other is in law school then they are now also competition and if they are not in law school they will not understand the difference between law school and college.
Also, it is only school - do not become so wrapped up in the crap that is law school that you forget to be a person, to have fun and socialize AWAY from classmates. Lawyers and law students tend to be boring and just talk about the "big case" or a certain class. Away from work I only socialize with two lawyers - one is a fishing buddy and the other is a college football fanatic. We do not talk about or cases.
If anyone still reading this, if you have questions about Ole Miss and certain profs, email me and I will do my best to answer them.
Legal ethics question
Ok, this is for the lawyers, law students and soon to be law students out there. Or anyone else who cares enought to read this and comment.
Lawyer represents scumbag in divorce from ms. scumbag. Lawyer handles/gets sucked into or learns about scumbags being fired for sexual harrassment, stalking of Ms. scumbag, drug and alcohol use and large porn collection of fetish type stuff. Finally lawyer fires scumbag as a client for continuing to stalk ms. scumbag. It was bad enough that lawyer changes his retainer agreement to ad clauses about domestic violence and stalking being grounds for lawyer to cease all representation in domestic cases.
Flash forward about 2 years. Lawyer and wife are having issues and things get worse. Lawyer learns that wife is having an affair with scumbag. A divorce is filed on the grounds of adultery and full custody is sought by lawyer. Wife denies affair until she is confronted with photographs and the like.
The question is this - what, if anything, can lawyer tell his attorney about scumbag? Does the child custody issue change anything? what if the crimes were more serious? What if scumbag was living in the home with the child after lawyer moved out?
This was a real question about legal ethics faced by our bar. See the lawyer is a cigar smoking, beer drinking lawyer.
Lawyer represents scumbag in divorce from ms. scumbag. Lawyer handles/gets sucked into or learns about scumbags being fired for sexual harrassment, stalking of Ms. scumbag, drug and alcohol use and large porn collection of fetish type stuff. Finally lawyer fires scumbag as a client for continuing to stalk ms. scumbag. It was bad enough that lawyer changes his retainer agreement to ad clauses about domestic violence and stalking being grounds for lawyer to cease all representation in domestic cases.
Flash forward about 2 years. Lawyer and wife are having issues and things get worse. Lawyer learns that wife is having an affair with scumbag. A divorce is filed on the grounds of adultery and full custody is sought by lawyer. Wife denies affair until she is confronted with photographs and the like.
The question is this - what, if anything, can lawyer tell his attorney about scumbag? Does the child custody issue change anything? what if the crimes were more serious? What if scumbag was living in the home with the child after lawyer moved out?
This was a real question about legal ethics faced by our bar. See the lawyer is a cigar smoking, beer drinking lawyer.
Monday, August 13, 2007
Money
I am being besieged with people calling about their bills. It seems to to me that in each of these cases they came to me in some kind of legal mess, talked to me at length signed a contract to pay for legal services and my hourly rate was fully disclosed as was the fact we bill a minimum of 12 minutes per billing entry, and then on six minute increments thereafter. And I normally "No Charge" for short phone calls, emails etc.
I seldom hear any complaints early on. It is when there is a huge bill that they have not been paying on, or after the case is done that the complaints start coming in. I understand that that people think it is unfair that I make such huge amounts of money, but the truth is I don't make that full amount.
Lets say I charge $200 per hour (I don't). People, when they bitch about the bill, always say something to the effect "well I don't make $200 an hour like you do". I normally reply that I don't either. I have to pay for the building, all the secretaries, receptionist, bookkeeper and all of the associate attorneys, as well as the light bill, photocopier, paper and pens. I even pay for the candy they are eating out of the basket. That coke they are drinking during our meeting. Yep I pay for that too. And just for good measure each partner gets a cut as well.
If I am feeling nasty I point out even if I didn't have to pay for all of that, the only way I truly would make $200 an hour is if all of my clients actually paid me in full and on time. That normally shuts up THAT type of complaint.
I hate collecting my money I am owed. This is the part they don't tell you about in law school and never show on T.V.
I seldom hear any complaints early on. It is when there is a huge bill that they have not been paying on, or after the case is done that the complaints start coming in. I understand that that people think it is unfair that I make such huge amounts of money, but the truth is I don't make that full amount.
Lets say I charge $200 per hour (I don't). People, when they bitch about the bill, always say something to the effect "well I don't make $200 an hour like you do". I normally reply that I don't either. I have to pay for the building, all the secretaries, receptionist, bookkeeper and all of the associate attorneys, as well as the light bill, photocopier, paper and pens. I even pay for the candy they are eating out of the basket. That coke they are drinking during our meeting. Yep I pay for that too. And just for good measure each partner gets a cut as well.
If I am feeling nasty I point out even if I didn't have to pay for all of that, the only way I truly would make $200 an hour is if all of my clients actually paid me in full and on time. That normally shuts up THAT type of complaint.
I hate collecting my money I am owed. This is the part they don't tell you about in law school and never show on T.V.
Thursday, August 9, 2007
Small town law
One of the things I like about practicing law in this area is the small town feel. Now don't get me wrong, this is considered a large city by this states standards, and this is a county with an exploding population, but it still has a small town feel.
I like the fact most of the counties I go to in my circuit have a courthouse square with the old quaint courthouses. In some places in the summer that can be bad - at least two that I can think of only have window unit acs so it gets very hot. But mostly it is something out of To Kill a Mocking Bird or a John Grisham novel - which is to be expected I guess since John set almost all of his novels in this county but under a different name.
I love the smell of the flowers and tree blooms in the spring as I walk over to the courthouse, I like that almost all of the attorneys knew each other by name. I like that with very few exceptions we all get along outside of court. I have worked in a big city and have tried immigration cases all over the US so I do have things to compare this to and I would much rather do what I am doing than working in the glass tower high above the city like I used to.
I like the fact most of the counties I go to in my circuit have a courthouse square with the old quaint courthouses. In some places in the summer that can be bad - at least two that I can think of only have window unit acs so it gets very hot. But mostly it is something out of To Kill a Mocking Bird or a John Grisham novel - which is to be expected I guess since John set almost all of his novels in this county but under a different name.
I love the smell of the flowers and tree blooms in the spring as I walk over to the courthouse, I like that almost all of the attorneys knew each other by name. I like that with very few exceptions we all get along outside of court. I have worked in a big city and have tried immigration cases all over the US so I do have things to compare this to and I would much rather do what I am doing than working in the glass tower high above the city like I used to.
Tuesday, August 7, 2007
New scandal in local lawyer circles
Yesterday in court there was quite a stir. Seem ten sets of clients showed up thinking they were getting divorced and their attorney was a no show. His office was locked up and no one was answering the phones. That much I know to be true.
Other rumors abounded that this lawyer had bounced trust account checks to clients. For those not in the the know law firms must have at least two check accounts - the firms operating account and the trust account. These accounts can never be the same account. The trust account holds a clients money only. No part of the money in that account if for use by the firm. To bounce a trust check means that somehow the clients money is not in that account - i.e. a big no no. This is also were an attorney can find lots of money to cover his own expenses and the temptation cane great, but it is unethical and illegal to use a clients money. The one sure way to get disbarred.
Anyway that is the rumor. I hoe for his sake it is not true, but I hope for the local economy he is out of business.
This guy is a hack. I have had to clean up many of the messes he has made with his $200 irreconcilable differences divorces. The going rate among most competent attorneys is $750.00-$1000.00, so this hack has been way undercharging people. I guess in hopes that shear volume will make up for it or that those clients will bring other legal matters to him. I don't know.
Anyway he is gone at least for now and hopefully it is something legal - like rehab or death that made him miss court and vanish and not something illegal.
Other rumors abounded that this lawyer had bounced trust account checks to clients. For those not in the the know law firms must have at least two check accounts - the firms operating account and the trust account. These accounts can never be the same account. The trust account holds a clients money only. No part of the money in that account if for use by the firm. To bounce a trust check means that somehow the clients money is not in that account - i.e. a big no no. This is also were an attorney can find lots of money to cover his own expenses and the temptation cane great, but it is unethical and illegal to use a clients money. The one sure way to get disbarred.
Anyway that is the rumor. I hoe for his sake it is not true, but I hope for the local economy he is out of business.
This guy is a hack. I have had to clean up many of the messes he has made with his $200 irreconcilable differences divorces. The going rate among most competent attorneys is $750.00-$1000.00, so this hack has been way undercharging people. I guess in hopes that shear volume will make up for it or that those clients will bring other legal matters to him. I don't know.
Anyway he is gone at least for now and hopefully it is something legal - like rehab or death that made him miss court and vanish and not something illegal.
Saturday, August 4, 2007
Why I don't tell people I am attorney
To start off, I have to say that I am proud to be an attorney.Having said that, I seldom tell people what I do for a living in a social setting. I am sure it is the same with doctors, tradesmen and the like, but every time someone finds out what I do for a living I get to hear all about what ever legal trouble that person may have and get hit up for free advice, OR I get to listen to tirades against attorneys and the law. Either way it kills a good mood.For the record, I do not go out to hear everyoneâs legal troubles and give free advice. NEW FLASH - I get paid to give advice, so why would I give it free to a stranger?! So please don't ask and please don't be offended when I give you my card and tell you call me for an appointment. I am out to have a good time and forget about my day, not to drum up business.The other side is the almost constant criticism of what the legal profession. I will freely admit there are problems and it can be nasty, but guess what - not once has a client ever told me "I don't care if I win and don't want to do whatever it takes. Just let them have it allâ I am normally asked to do whatever I can to win and get the most from the other side. I have had clients ask me to serve their spouses with divorce on Christmas morning, thanksgiving, their birthday, wedding anniversary etc. I have yet to do any of that. I do fight hard, and I can be very mean and difficult and even nasty in a trial, but it is what my clients want me to do.For those of you who believe in "tort reform" because the greedy trial lawyers are getting rich and doctors can't afford insurance and companies are going broke I say F*** you. Thatâs right f*** you; you have no idea what you are talking about. Come talk to me when your daughter gets killed by a doctor gives her the wrong medication or cuts off your good leg my mistake, the insurance companies have convinced the state to cap damages at $250,000.00.In all of the states that have passed damage caps, no insurance premiums for doctors have gone down - just the opposite. The dirty secret is that insurance companies make money. period.
Thursday, August 2, 2007
For law students and wannbes
If you want to practice in Mississippi and are at Ole Miss, you need to take Mississippi Civil Practice taught by Guth Abbott. It is offered once a year at 8 AM, but you need to get your lazy ass out of bed and take it. If you don’t you will behind the eight ball for years once you get out.
For you geeks and law journal dweebs - in the real world "blue booking" is not that big a deal. The real issue knowing what the law is and how it applies to the facts, not how to properly punctuate the abbreviations for some obscure legal journal article written by an academic. The Judge doesn’t give a shit but I am sure looks pretty.
If you decide to litigate - learn the damn rules of court - local rules, civil/criminal procedure and rules of evidence. I guarantee I know them and will beat you up all day long with them if you don't. Remember an attorney who knows the rules will be able to beat one who doesn't regardless of the evidence. The court never will hear your evidence if you can’t properly present it and I will object to every thing you do that is in violation of the rules.
Lastly, know who you are interviewing with. If you want to work in a corporate law firm don’t interview with a litigation firm, or vice versa. We expect our associates to be ready, willing and able to get into a court room. BTW for you corporate wannabe types – your big firm will probably hire me to actually try the case because your client will want someone who knows the judges and juries.
As far as the idea that corporate lawyers make all the money, I assure you I make a decadent amount of money.
For you geeks and law journal dweebs - in the real world "blue booking" is not that big a deal. The real issue knowing what the law is and how it applies to the facts, not how to properly punctuate the abbreviations for some obscure legal journal article written by an academic. The Judge doesn’t give a shit but I am sure looks pretty.
If you decide to litigate - learn the damn rules of court - local rules, civil/criminal procedure and rules of evidence. I guarantee I know them and will beat you up all day long with them if you don't. Remember an attorney who knows the rules will be able to beat one who doesn't regardless of the evidence. The court never will hear your evidence if you can’t properly present it and I will object to every thing you do that is in violation of the rules.
Lastly, know who you are interviewing with. If you want to work in a corporate law firm don’t interview with a litigation firm, or vice versa. We expect our associates to be ready, willing and able to get into a court room. BTW for you corporate wannabe types – your big firm will probably hire me to actually try the case because your client will want someone who knows the judges and juries.
As far as the idea that corporate lawyers make all the money, I assure you I make a decadent amount of money.
Let me introduce myself
This is a repost from another blog I have and thought it might be a good idea to post here as well.
I have noticed I have some new readers that may not really have a clue as to who I am so I figured I would introduce myself to them.
Yes, in fact I am an attorney. I practice mainly in the areas of family law and criminal law (and believe me they often overlap). I also at one time was a very good immigration lawyer. Now I just take a few cases here and there to help people out.
I do smoke cigars. I normally have my first one on the way to work along with a diet coke. It is the breakfast of those who are going to die young. In all on a bad day I might have 3 or more cigars, on a good day 2. I also drink beer (and whiskey) - in fact I am probably a high functioning drunk, but at least I am functioning.
I tend to write about my life mostly, but there are times I get off on political rants and just off the wall junk.
The firm I work for is a bit screwed up and dysfunctional. The boss is "billbert" and the other partner is "the frumpy snort laugher". Codger and youngin seldom rate being mentioned, but from time to time they will be. The support staff has such a high turn over I hardly know their real names, much less have taken the time to give them fake one. Everything I write about work is true - believe me you cannot make this stuff up.
If at anytime you have a question and want to know something about me just ask.
And oh yeah I don't really type so get used to typos and spelling errors - it is part of my charm.
I have noticed I have some new readers that may not really have a clue as to who I am so I figured I would introduce myself to them.
Yes, in fact I am an attorney. I practice mainly in the areas of family law and criminal law (and believe me they often overlap). I also at one time was a very good immigration lawyer. Now I just take a few cases here and there to help people out.
I do smoke cigars. I normally have my first one on the way to work along with a diet coke. It is the breakfast of those who are going to die young. In all on a bad day I might have 3 or more cigars, on a good day 2. I also drink beer (and whiskey) - in fact I am probably a high functioning drunk, but at least I am functioning.
I tend to write about my life mostly, but there are times I get off on political rants and just off the wall junk.
The firm I work for is a bit screwed up and dysfunctional. The boss is "billbert" and the other partner is "the frumpy snort laugher". Codger and youngin seldom rate being mentioned, but from time to time they will be. The support staff has such a high turn over I hardly know their real names, much less have taken the time to give them fake one. Everything I write about work is true - believe me you cannot make this stuff up.
If at anytime you have a question and want to know something about me just ask.
And oh yeah I don't really type so get used to typos and spelling errors - it is part of my charm.
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