Trial lawyers

There is some bitterness in the Potato State.

Can you withdraw from a criminal case simply because you think the court is “lazy” and “incompetent”? I’d think “no,” otherwise defense lawyers would have a legitimate out well over 50% of the time. But one lawyer in Idaho is making the case that he should be let out of his obligations because he can’t stand the court.

There are positives with the test attorney Eric J. Scott would like to apply. Would that we could drop out of anything simply because the people we work with are lazy. But at the end of the day, it’s hard to tell if Scott is reasonably concerned that the court is too stupid to be respected, or if he’s just bummed that he’s losing….

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Looks like the joke is on us.

* With a recommendation for dismissal filed, Dominique Strauss-Kahn hopes to bid adieu to his rape charges and say au revoir to our country. [CNN]

* Apparently your law school can still be on the Best Value honor roll even if its bar passage rates suck abysmally. What up CUNY Law. [National Jurist]

* It’ll be awesome if Clarence Thomas speaks during the inevitable Supreme Court oral arguments on Obamacare. Ginni needs to start smacking him around so this happens. [New Yorker]

* Will Booz Allen get hit with a trifecta of gender discrimination lawsuits this summer? Yesterday marked the second one in filed in the past three weeks. [Blog of Legal Times]

* Not sure why trial lawyers are all up in arms about Rick Perry. Is the star of How to Secede from the U.S. Without Really Trying actually going to be a real contender in Election 2012? [POLITICO]

* Living in a complex full of Type A bar examinees (and repeat failures) for five years sounds like a fate worse than death. I’d rather be condemned to the Gulag. [Los Angeles Times]

I am not proud to admit this, but it is possible that my three-year-old niece knows more about branding than I do. I learned this the other day when I was reading my niece one of her favorite books, Fancy Nancy.

For those of you who not know Nancy, she is a little girl who loves to dress fancy, act fancy and talk fancy. For example, this little girl does not say that her favorite color is purple. She prefers fuchsia, a word that is “fancy” for purple. Similarly, Nancy does not want a new hairdo. No, Nancy uses the fancy word “coiffure” instead. For some reason, my niece loves Nancy, but I think she is a showoff. When asked why she loves the know-it-all Nancy, my niece explained that she made things sound better.

Maybe my niece had a point. If you want your small firm to sound better, then use fancy words. As Nancy would explain, do not call yourself a “trial lawyer.” Everyone knows that “litigator” is fancy for trial lawyer. Or is it?

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If you’re not booting up your laptop or iPad during voir dire, you’re not a very good lawyer. That’s my takeaway from recent WSJ and Reuters articles on jury selection in the social media age.

This week, the Wall Street Journal took a look at the evolution of jury selection in the age of social media, while Reuters took a look at this last week, quipping that “voir dire” is becoming “voir Google.”

Facebook-stalking jurors is presented as a questionable and still evolving practice. But the only thing that seems questionable to me (besides a DA considering forced-friending in exchange for Internet access) is why any trial lawyer wouldn’t have jumped on this already. Along with not Googling prospective jurors, I imagine these guys also avoid Lexis-Nexis in favor of the law library, type their memos up on an old-school typewriter, and review deposition recordings on an eight-track.

Both articles point out that potential jurors may be more candid online than they are in a courtroom, and round up some tips from trial consultants on reasons to strike potential jurors based on their Facebook likes and Google footprint. BigLaw types might be well-advised to strike anyone, for example, who lists “Erin Brokovich” as one of their favorite movies…

Read on at The Not-So Private Parts.

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