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Criminal Law

Law Of Criminal Defense

News, information, ethics opinions and analysis relating to criminal defense, legal ethics and professional responsibility.
By John Wesley Hall, Jr.

Post Frequency: 11.2/day

Last Entry: March 25, 2011 at 18:32:28

E-mail goof exposes settlement talks

Posted on February 08, 2008
Classic e-mail screw-up lands $1B settlement talks on front page of NY Times. One lawyer was sending an e-mail to co-counsel, and autocomplete suggested a name which counsel "selected," and it was a NY Times reporter with the same last name as co-counsel...

FL conflict counsel case goes to state S.Ct.

Posted on February 08, 2008
The ongoing Florida conflicts counsel case is now in the state Supreme Court with an expedited appeal. Florida public defenders are elected, and the FACDL filed a quo warranto action against the state contending that conflict defenders also have to be elected...

MA: Overaggressive investigation of judge nets two disbarment

Posted on February 07, 2008
On ABAJournal.com is this interesting story from yesterday: Former Ethics Counsel Disbarred Over Investigation of Judge: Two Massachusetts lawyers, including the former ethics counsel for two state governors, were disbarred today because of their aggressive investigation of a judge who ruled against their clients in 1995 in a high-profile family battle over control of a supermarket chain...

When going into the courthouse, be sure to leave your tin of pot outside

Posted on February 07, 2008
A lawyer Michigan was busted for possession of pot after his tin container set off the courthouse metal detector, according to the Kalamazoo Gazette.

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FL: Client's false identity has to be disclosed to the court

Posted on February 07, 2008
In the Florida Bar News is this article: Client using an alias? It’s your duty to tell the court: An attorney representing a criminal defendant in court must tell the court if the defendant is using an assumed name, even if the client refuses to make the disclosure on his or her own...

Missing murder trial because of sabbatical gets referral to state bar

Posted on February 07, 2008
The lawyer who missed a murder trial for being on a sabbatical, posted here, has been referred to the NV state bar, according to yesterday's Las Vegas Review-Journal.

Motion for new counsel denied, so defendant KO's lawyer

Posted on February 06, 2008
On MSNBC.com is a video of a criminal defendant in court complaining about his representation. When the judge denies the motion for new counsel, the defendant punches out his lawyer.

IAC on appeal that led to belated appeal did not state claim for legal malpractice without allegation of actual innocence

Posted on February 06, 2008
Legal malpractice action for failing to pursue a criminal appeal which led to successful post-conviction relief that got the plaintiff an appeal failed to state a claim for relief. The plaintiff did not allege that he was innocent, only that he was delayed in appealing for 54 months...

The $1,100 per hour lawyer

Posted on February 05, 2008
Not on point, but interesting, is the ABA's The G-Man, A week in the life of a $1,000-per-hour lawyer.

"Always assume that the client is recording you"

Posted on February 04, 2008
Under the category of "Always assume that the client is recording you," § 1:1, Rule 5(b), see the latest technology in wireless pen cameras for $269.

Criminal defense lawyer's libel suit over his criminal case tossed on summary judgment

Posted on February 04, 2008
Summary judgment granted in a libel case brought by a criminal defense lawyer accused of theft by the Erie County prosecutor for taking fees and failing to do the work. The criminal case was resolved in the lawyer's favor. The use of "theft" by the newspaper was within the First Amendment...

Failure to pass on plea offer per se ineffective assistance with prejudice

Posted on February 03, 2008
The Second Circuit recognizes that failure to pass on a plea offer is ineffective assistance per se under Strickland if the defendant shows prejudice. Goldberg v. Tracy, 2008 WL 216293 (E.D. N.Y. January 23, 2008): The Court of Appeals for the Second Circuit has explained that a criminal defense lawyer must always convey the terms of a plea offer to a defendant; failure to do so is in effect a per se violation of the first prong of Strickland: We recently considered whether defense counsel renders ineffective assistance when he fails to give his client any advice as to the acceptance of a plea bargain offered by the prosecution...

ABA article on lawyer deceit in investigations

Posted on February 02, 2008
The ABA posted on its website an article from the February 2008 issue written by Eileen Libby: When the Truth Can Wait / There are times when a lawyer may engage in a bit of deception—but not many. It is an interesting and thought provoking article showing the divergent views from around the country.

Ohio reaffirms standby counsel not approved

Posted on February 02, 2008
Defendant refused to waive right to counsel on the record before a hearing judge, but another judge tried the case and permitted the defendant essentially to represent himself. Ohio does not permit hybrid representation or stand by counsel. State v...

Balancing life and work

Posted on February 02, 2008
On balancing life and work, people leaving the law, and the law's inability to catch up with other professions in being more "life friendly," see Lisa Belkin, Who’s Cuddly Now? Law Firms, from the January 24, 2008, NY Times.

Lawyer handcuffed to client and jailed for allegedly lying about client's efforts to hide a witness

Posted on February 01, 2008
An Oklahoma "Judge jails lawyer in abuse case": An Oklahoma City attorney was jailed Tuesday after a judge accused him of lying about his client's efforts to hide a witness in a domestic abuse trial. Attorney Derek Smith was sentenced to four days in jail after being found in contempt of court by Oklahoma County District Judge Twyla Mason Gray...

Lawyer handcuffed to client and jailed for allegedly lying about client's efforts to hide a witness

Posted on January 31, 2008
An Oklahoma "Judge jails lawyer in abuse case": An Oklahoma City attorney was jailed Tuesday after a judge accused him of lying about his client's efforts to hide a witness in a domestic abuse trial. Attorney Derek Smith was sentenced to four days in jail after being found in contempt of court by Oklahoma County District Judge Twyla Mason Gray...

Definition of "retainer"

Posted on January 30, 2008
Retainer: The amount of money that will make your lawyer as interested in your case as you are. --Justice Michael Bender, Colorado Supreme Court This should be in The Devil's Dictionary by Ambrose Bierce, but it's not. Want the long, boring definition? Go to Lectric Law Library.

Lawyer on sabbatical and fails to show for murder trial

Posted on January 28, 2008
A Las Vegas lawyer who decided to take a sabbatical also decided to not show up for a murder trial, telling the prosecutor that the judge can do what she wants to him. RISKING SANCTIONS: 'Heavy Hitter' in tough spot / Colleagues question why attorney skipped first day of murder trial...

"Counsel or Client--Who's in Charge?

Posted on January 27, 2008
In the Winter 2008 ABA's Criminal Justice magazine is an article by Peter A. Joy & Kevin C. McMunigal, "Counsel or Client--Who's in Charge?" It is not yet posted on the ABA's website.

Civil discovery violation costs $8.5M; "lawyers not hired guns"

Posted on January 26, 2008
"'An attorney . . . is not a hired gun required to carry out every direction given by the client.'" In re Marriage of Gong and Kwong, 157 Cal. App. 4th 939, 69 Cal. Rptr. 3d 150, 158 (1st Dist. December 6, 2007), quoted in Qualcomm Inc. v. Broadcom Corp...

Ethics hotline can create A-C relationship

Posted on January 23, 2008
From Law.com: Lawyer-Client Relationships Can Arise From Legal Hotline Calls, Panel Rules. This involves N.J. Opinion 712 which is not yet posted on the Rutgers website.

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