Payment Plan Practices

I don't have one.

Why do you?

"Because most of my clients can't afford to pay me up front."

You sure about that? Really sure?

How do you know that, when you advertise "payment plans available?"

If I know I can pay in installments without interest, why wouldn't I? Is there anyone who hasn't bought their flat screen plasma or washing machine on a one-year no payments no interest plans? Why wouldn't you? I'll keep my money as long as I can.

So will clients.

People ask, "how do you get the money up front?

I insist.

Are there exceptions? Of course. Half up front, the other half next month. Or a couple clients with monthly payments because they are those "nice young kids" that I like to represent, and really can't afford a lawyer any other way.

But as a matter of course, absolutely not.

Try it. Try it today. After your consultation, announce the fee, and when the client says "how much do you need up front, say "all of it."

Then wait and see what happens.

Payment plan practices consume lawyers. They become such a part of your daily practice that it becomes more time consuming to get paid, then to represent the client.

And don't tell me "that's the nature of the practice."

We've made it that way. It's time to stop.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

No More Get Out of Jail Free Cards

As a criminal defense lawyer who doesn't advertise in the yellow pages, I receive few early morning "someone's in jail can you bond them out" calls.

I don't want them anymore.

I don't mind the call from a great friend, or current client seeking some help, but the people who "got your name from.....," please don't call me.

Why? Because you waste my time.

[1] You get some sense that I am responsible for actually getting them out. I am not. I am merely giving you the name of a respectable bondsman for you to call. This does not give you the right to call me 6 times on a Saturday and ask me why he's not out. I don't know.

[2] You don't listen to me, you go down to the jail when I tell you not to, and you start talking to people who tell you different things. You believe all of it. You then call me and tell me that "so and so said........"

[3] You rarely hire me for the case, if you even bother to call me and let me know he's out (because then you may have to say "thank you.")

My job is not to "get people out of jail." That is the job of a bondsman. If you have some difficulty posting a standard bond (the bond normally set for the particular offense in each juristiction), then a lawyer may be necessary.

But from now on if you're calling because "someone's in jail," be ready to retain me, or call someone else.

(Yes, this happened twice this weekend)


Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Federal Criminal Lawyers Vs. State Criminal Lawyers

I wish the title of this post could be something different, but this is where we are.

I practice in state and federal court. About half and half. I began as a state public defender and my federal experience is gained from working with other federal criminal lawyers, not from being a former assistant united states attorney or federal defender.

I am not a "federal lawyer." A self-proclaimed "federal lawyer" is someone who only practices in federal court (with the exception of many of them who you can find tripping over themselves in state court when "indictments are down.") There is a group of "federal lawyers" who have no use for "state lawyers," and I think it's time to have this discussion. Mainly because I'm getting tired of the bullshit.

I do not bemoan anyone for their type of practice. I am not a "DUI lawyer," "ticket lawyer," "death penalty lawyer," "white collar lawyer," or "federal lawyer." My practice is mixed.

I am a "criminal defense lawyer."

I am tired of you "federal lawyers" looking down on all your brothers and sisters in the defense bar. What is so special about you? Why are you so much better than someone who goes into court and defends someone against state or municipal government?

And I'm not talking to those of you who will respond with "I don't look down on other lawyers." I'm not talking about you.

Why are some of you so convinced you are such great lawyers?

There are so many reasons I bring this up.

Specifically, yesterday, an email went out from a defense lawyer looking for a "DUI Lawyer" in another city. The responses from the "federal lawyers" was referrals to a former AUSA who probably has never been to state court, and to a legendary mafia lawyer.

What is it with some of you "federal lawyers" who think every single case needs to be referred to a "big" "federal lawyer?" I know, your answer is that you were referring these lawyers so they could make the proper referral. They can't, trust me. It's not just yesterday either, I see this all the time. Someone asks for a referral for a small state case, and recommendations come in for big Washington firms, or the white collar guy at the big firm who spends all day reading, I'm sorry, having other people read, documents.

Maybe if you took the time to learn about some of the other lawyers who also practice criminal defense, even though it's the criminal defense work you wont get your hands dirty with, you would be referring clients to the proper lawyers, or just staying out of it out of respect for "the rest of us."

Part I.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Thoughts On Our Criminal "Justice" System

I received this e-mail in response to the story below. It really is a comment on the state of our system in general:

"This is all a result of a system that is designed for pleas, in which 2% of cases go to trial. Therefore, prosecutors are judged on conviction rates and on percentage of nolle pross's and other nonsense like that. They should be judged on whether they act honorably and thoughtfully on what they do and don't prosecute. It is further the result of this country's CYA mentality. No one wants to be on the O'Reilly factor. Therefore, cops make arrests they don't really agree with and pass it up the chain, hoping the State will do the right thing. The State files and pursues the case, while making a decent plea offer to the innocent Defendant, because they have to "back up the officer". The judges deny motions to suppress and other defense applications, because there is never any political capital to be gained in siding with a Defendant. The underfunded and overworked lawyer pleas the client out, or he just might lose to a jury of citizens who assume that a guy couldn't be arrested, filed on, and have a Judge allow a trial, if he is actually... innocent.

Its all capped off by a PCA from the District Court of Appeals, if they are too busy to write an opinion on that particular case.

I, for one, personally think that the only way to combat this trend is for more defendants, and their attorneys, to be willing to go trial. If we can raise the percentage of cases that go to trial then more nonsense gets exposed and the judges will encourage the State to not waste their time and clog their docket.... instead of leaning on us."

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Rolling The Dice, As A Prosecutor

This morning's Miami Herald brings us a story that is the perfect example of why all of us should be mindful of the power of prosecutors.

Norman Borden was charged with murder for killing two of three men in a Jeep that tried to run him down while he was walking his dog. He shot his gun five times through the windshield, then moved to the side of the vehicle and fired nine more rounds.

From the Herald: "He thought the shooting was self-defense, but a prosecutor put him on trial in the deaths, despite a new Florida law that grants wide latitude to people using deadly force to protect themselves."

In Borden's case, a prosecutor filed charges against him, even though he privately thought Borden might have been correct to open fire.

Kentucky Judge Sheila Isaac, said about the no-duty-to-retreat law in Kentucky similar to Florida's "You just don't see cases where people are prosecuted when they are defending themselves,"

Oh.......Judge Isaac, welcome to Florida.

Our guy Borden faced up to life in prison without the possibility of parole if convicted of murder and attempted murder.

"One of his would-be attackers, 21-year-old Juan Mendez, admitted in testimony at Borden's trial that the three men in the Jeep planned to 'rough him up.' A baseball bat was also found in the vehicle.

Prosecutor Craig Williams argued that Borden exceeded justified force when he continued firing after shooting the driver and stopping the Jeep. But Borden's defense argued that he did not have to retreat, citing the new law."

Now here's where it gets good, real good:

Williams said he pursued the charges because he thought a jury needed to decide the case. But he privately wondered how he would have behaved in the same situation. When Borden was acquitted, the prosecutor was almost relieved.

The assailants 'were bringing an arsenal,' Williams conceded after the trial. "It was pretty clear what the right thing to do was here."

Then I read this from the ABA Standards on Criminal Justice:
Standard 3-3.8 Discretion as to Noncriminal Disposition

Illustrative of the factors which the prosecutor may properly consider in exercising his or her discretion are:
(i) the prosecutor’s reasonable doubt that the accused is in fact guilty;
(ii) the extent of the harm caused by the offense;
(iii) the disproportion of the authorized punishment in relation to the particular offense or the offender
(iv) possible improper motives of a complainant

Additionally, (not that I have any evidence this happened here, but it is a long-time concern of judges and defense lawyers:

(c) A prosecutor should not, be compelled by his or her supervisor to prosecute a case in which he or she has reasonable doubt about the guilt of the accused.

As defense attorneys, we often hear prosecutors say "hey, if you're guy wants to roll the dice and go to trial......"

"Rolling the dice" is something to be carefully considered, on both sides.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

"Hire Me Despite My Website"

A state representative in Florida was arrested this week for offering oral sex to a male undercover cop for $20.

He naturally hired an attorney, one whose website says he has a "general practice with an emphasis in family law," naturally.

I don't know this attorney, so I did what everyone will do, I went to his website.
I noted this at the bottom of his site:

"The hiring of a lawyer is an improtant decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications & experiece."

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

How NOT To Get Out Of Jury Service

From CNN.com

BARNSTABLE, Massachusetts (AP) -- A Cape Cod man who claimed he was homophobic, racist and a habitual liar to avoid jury duty earned an angry rebuke from a judge on Monday, who referred the case to prosecutors for possible charges.

"In 32 years of service in courtrooms, as a prosecutor, as a defense attorney and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service," Barnstable Superior Court Judge Gary Nickerson told Daniel Ellis, according to a preliminary court transcript of the exchange.

Ellis, of Falmouth, had been called to court with about 60 other potential jurors for possible service on a 23-member grand jury.

On a questionnaire that all potential jurors fill out, Ellis wrote that he didn't like homosexuals and blacks. He then echoed those sentiments in an interview with Nickerson.

"You say on your form that you're not a fan of homosexuals," Nickerson said.

"That I'm a racist," Ellis interrupted.

"I'm frequently found to be a liar, too. I can't really help it," Ellis added.

"I'm sorry?" Nickerson said.

"I said I'm frequently found to be a liar," Ellis replied.

"So, are you lying to me now?" Nickerson asked.

"Well, I don't know. I might be," was the response.

Ellis then admitted he really didn't want to serve on a jury.

"I have the distinct impression that you're intentionally trying to avoid jury service," Nickerson said.

"That's true," Ellis answered.

Nickerson ordered Ellis taken into custody. He was released later Monday morning.

Ellis could face perjury and other charges.


Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com