Bullshit

Something off-topic for Christmas Eve, a perfect assessment of how embarrassing we are as voters.


Poll: Bullshit Is Most Important Issue For 2008 Voters


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

"This Is The Most Important Time In History To Be A Criminal Defense Attorney."

So said one of my hometown heroes of our profession, David O. Markus yesterday at the Miami Criminal Defense Bar's Holiday Seminar and Lunch.

As we end the year, we meaning criminal defense lawyers, (those of you who often come here after a google search of "criminal defense fees," or "how much does a criminal defense lawyer make," or more recently "michael vick," can take a pass on this post, this is for my colleagues.) many of us are beat, exhausted, hoping for a few days off without an irrelevant court hearing set in the middle of the next two weeks, and most importantly, thinking about our practices and the future.

I love what I do......about 28 days of the month. The other 2 are usually reserved for unfair judges, unreasonable prosecutors, clients who won't listen, and that case I didn't get.

But above all that is David's statement: "This Is The Most Important Time In History To Be A Criminal Defense Attorney."

It is. What is going on in the world, in our country, in Congress, the Supreme Court, our local courts, in state legislatures, the need for us as cornerstones of society cannot be questioned.

Technology is such that anything we do is recorded. I love the navigation in my car, and now I know from talking to a federal prosecutor that where I go can be downloaded. If you get arrested today for a misdemeanor in rural Mississippi, it will be on the computer at New York's JFK Airport within hours.

Society as a whole, hates us. Yes, there are many who understand and respect, and even treasure our role in society, but most think the system is obstructed by our presence. They would learn quick the ignorance of their thoughts if for only one week, not a single defense lawyer went to court in America.

So to my colleagues about to hopefully enjoy a few continuances into the end of the year, I leave you with this from the criminal defense attorney of 59 years who spoke as well yesterday, the great Albert Krieger:

"There is nothing more important in the life of the lawyer than to represent an individual charged with a crime."

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

Want To Hire Me, Fire Your Other Lawyer, First

There are certain things that go on in the criminal practice that none of us talk about. Undercutting each other to get cases,traveling to other jurisdictions to take a case because of desperation for fees when a fully competent lawyer or several that we know and like practice in that jurisdiction, and taking over cases from other lawyers.

For the most part, we hate getting those calls from our colleagues that our client "came and met with me about his case and I'm going to be taking over." We see it as a failure and question the client's loyalty and truthfullness. Candidly, we hope for the worst for the client now that he's left us.

While I scan the net and see that the colleagues I respect are making decisions about how they practice when it comes to taking cases, cooperating with the government (more on that in another post forthcoming) trials, and fees, I've made one myself:

I will not talk to clients who are represented by another lawyer, period.

What happens is that the client gets concerned about their representation, they feel "nothing's going on," or more likely, they can't afford to continue paying their payment plan lawyer. (I don't do payment plans so that knocks out those clients from signing up with me anyway).

I used to meet with them, advise them to try to work things out with their lawyer, explain that they'd be paying a whole new fee, etc.... Most of the time they just wanted a second opinion, i.e., to waste my time for free.

New policy, instituted this week with someone. Call me and tell me you have a case, you're represented and are unhappy with your lawyer, my assistant will tell you to fire your lawyer if you're serious about new counsel. No meeting or conversation will occur with me until then.

Now how many of my colleagues are willing to join me?

In that answer lies one of the basic problems within the criminal defense bar.


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

Bless The Divorce Lawyers

"I could never do what you do."

I hear that weekly.

I have always said the same thing about divorce lawyers.

Some of the stuff you all argue over, not to mention the constant "he dropped the kid off 3 minutes late, I want to go to court" after hours phone calls, make me wonder if you have the most difficult job as a lawyer.

So yesterday I reaffirm this notion when I'm in court on a restraining order hearing that is traveling along with my clients arrest for battery.

We come to an agreement on a short-term injunction. We agree to stay away from her, her house, her parents house, her family, all the typical stuff. Then, comes the portion of the hearing where I try to keep from laughing, or crying, but the eye rolling is fast and furious.

Judge: "What about all these clubs and restaurants?"

Me: "Judge, they both frequent these places and she would like him to stay out of them, although when the initial temporary order was signed it said he must stay 25 feet away if he's there at the same time as her."

Her lawyer: "Judge, she would like him to stay out of those places."

Judge: (Starts naming each of the clubs and restaurants and asking who goes there on what night, this goes on for a minute or two).

My client is getting antsy because he goes to one of the clubs on both Thursday and Friday and doesn't want to limit his visits to one night. He also throws her a bone by agreeing to stay out of one of them. The Martini Bar comes up and he won't budge.

At this point I remind myself I have clients facing prison time and ask the Judge to keep the 25 feet rule in place for each of them.

The alleged victim objects, she wants 50 feet. The Judge says some of these places may be to small for 50 feet, while her lawyer mentions that 25 feet is "a little close." The Judge says 25 feet is the distance from her bench to the front door of the courtroom, and I'm starting to chuckle, loudly. the Judge looks at me, not chuckling, because she goes through this hourly. She's not finding me disrespectful, she just looks amused that I find all of this funny.

Finally, the alleged victim proposes a compromise - 40 feet. I ask, annoyed, to leave it at 25 feet, and the Judge has the last word by ordering "50 feet if possible, 25 feet otherwise."

Then I went back to being a lawyer.

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

A Lying Cop

Our criminal justice system is totally screwed up. No, I didn't just realize that, it's what keeps me doing what I do, defending the constitutional rights of those who are drawn into the system through arrest, or investigation. It is getting worse though.

Last week brought us this story about a teenage suspect who secretly recorded his interrogation on an MP3 player. The detective has been charged with perjury because he, oops, didn't know the kid was recording this interrogation and went into court and testified under oath that that the suspect "wasn't questioned" about a shooting. A transcript of the, hmmmmm, different facts, showed that he tried for more than an hour to persuade the kid Erik Crespo to confess.

During the false testimony of the detective, prosecutors asked for a recess and advised the lying cop to get a lawyer to represent him in his 12-count perjury indictment.

The kid's lawyer comments "I couldn't believe my ears."

Really?

This is in no way an indictment of police officers, most who take their oaths seriously, but c'mon, our system is full of liars. This type of conduct occurs daily. Lawyers lie, cops lie, witnesses lie. All in the name of conviction or acquittal, not justice.

For whatever you think of him, Harvard Law Professor and Author Alan Dershowitz spoke about this to Congress 10 years ago.

He said, in part: "I believe that no felony is committed more frequently in this country than the genre of perjury and false statements.

"Police perjury in criminal cases - particularly in the context of searches and
other exclusionary rule issues - is so pervasive that the former police chief of San Jose and Kansas City has estimated that "hundreds of thousands of law-enforcement officers commit felony perjury every year testifying about drug arrests" alone.

"Clearly, the most heinous brand of lying is the giving of false testimony
that results in the imprisonment or even execution of an innocent
person. Less egregious, but still quite serious, is false testimony that
results in the conviction of a person who committed the criminal
conduct, but whose rights were violated in a manner that would
preclude conviction if the police were to testify truthfully."

By the way, prosecutors offered Crespo less than the 25 years he was facing upon conviction. His mp3 player got him a plea to 7 years.


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