The Best Way to Hire a Lawyer: How It Feels to Be a Judge
Should you wait until you’re sued to hire a lawyer? At that point, the answer is obviously yes – but what if you haven’t been sued? Do you still need a lawyer? How do you find one?
The best way to hire a lawyer is like everything else – by referral. You more than likely know someone who has been sued. Ask them if they’re satisfied with their lawyer. When you’re asking for a referral, you will want to know the answers to several questions.
Does the lawyer communicate on a frequent basis? Do you get copies of all filings and letters? Does your friend or acquaintance have the lawyer’s home telephone number? Does the lawyer promptly return telephone calls? Does the lawyer send a bill each month? Does the lawyer tell you when hearings are scheduled to allow you to attend and watch the lawyer in action?
You should check to see if your lawyer is licensed by checking your local state bar. That site will also tell you whether the attorney has a public record of discipline. Find more about your lawyer’s background information. Assuming all is well and you’re hearing the right responses to your questions, go ahead. But first, set up an appointment for a free consultation, and do your own face-to-face evaluation.
If you’re not engaged in a lawsuit, it’s an even better time to hire a lawyer. With the right advice, you can work to avoid being sued, and spending legal fees and costs to defend yourself.
The truth is that the view from behind the bench is decidedly different than from in front of it. Sitting as a pro tem judge (which I had the opportunity to do today) presents an interesting perspective – how a judge looks at both sides of a case. There’s quite a difference than advocating one side of a case.
As a judge, you look dispassionately at both sides of the case before forming an opinion about the possible outcome. As a lawyer, advocating one position requires you to counter and discount the other side’s argument. The judge’s view is subtly different. As a judge, you have to evaluate which side is believable, which side has the more solid evidence, and what fairness dictates. You can, and must, ignore some of those things as a lawyer to advocate your client’s case.
Lawyers that can evaluate believability, evidence and fairness give their clients an edge, because they tend to look at the end result of the case. That lawyer can also give you better advice about the ultimate outcome of your case. Clients can accomplish the same thing by stepping back and listening – really listening – to the other lawyer. That’s what the judge and the jury have to do.
[thanks to matt from london and j. craig williams via cc]
Sharon Keller or Sharon Killer: Texas Judge Refuses to Hear Appeal and Now Put on Trial
A senior Texas judge who refused to hear a last-minute appeal from a prisoner facing execution because her office “closed at five” was put on trial Monday in one of the most high-profile cases of alleged judicial misconduct in the state’s history.
Sharon Keller, dubbed Sharon Killer by her detractors, was the subject of a hearing at the Texas commission on judicial conduct that could ultimately see her removed from the bench.
The case relates to her handling of the imminent execution of a convicted rapist and murderer, Michael Richard, on 25 September 2007. That morning the U.S. supreme court had cast doubt on the constitutionality of using lethal injection – the form of death administered by Texas – by agreeing to rule on whether it amounted to cruel and unusual punishment.
Lawyers for Richard raced to file an appeal that would put a stay on his execution, which was due to take place that evening, but they were delayed by computer glitches.
They contacted Keller, who by then had gone home to deal with a worker doing repairs to her house. When, at 4:45 p.m., they requested a postponement of the execution, her reply was: “We close at five.”
At 8:23 p.m. Richard was put to death.
The apparently callous handling of the case led to a storm of protest and headlines around the world. Keller later claimed that she had been unaware of the lawyers’ technical problems.
Keller faces charges including denying the rights of a condemned man. She is the highest-ranking judge to face misconduct proceedings.
A Republican, she has a reputation for her tough approach to justice in a state known already for its hard line on crime. In 1998 she ruled in a case involving a man with learning difficulties, denying him a retrial despite DNA evidence that appeared to prove his innocence.
[thanks to crazytales562 and Free Internet Press / CC BY 3.0]
Lawyer Held in Contempt of Court for Pretending to Masturbate
Can the law ever become too lenient? Everybody is familiar with the tag line “ignorance of the law excuses no one” and true to its strictest sense, no one, even those in privileged positions are excused from any of the provisions of the law. If you committed your transgressions and violated any of these provisions of the law, you are directly subjected to the scrutinizing eyes of the court. When faced with such a prospect, you need to protect yourself and get a legal professional to defend you.
Expectations for a Defense Lawyer
Who else do you turn to other than a defense lawyer? Typically, the government provides the services of a public defense lawyer should the person be financially incapable of paying for their legal counsel. Of course, a defendant with financial means at the disposal can definitely bring forth his personal lawyer.
Now, what are the usual thoughts that go through your mind when thinking about the services that a defense lawyer will provide for you? Are they not supposed to be the ones defending their clients against the impending punishment looming over their heads? Moreover, defense lawyers are also expected to keep abreast of the entirety of the list of laws which the Constitution or the Law of the Land embodies. Lawyers are also expected to carry themselves with dignity, professionalism, and style at all times as well. This entire concept has been entirely shoved to the side in the case of attorney Adam Reposa.
Defense Attorney Adam Reposa Crosses the Line
At 33, Adam Reposa, an Austin defense lawyer was charged with criminal contempt of court as he made the gross mistake of committing lewd gestures in the courtroom right before the eyes of County Court-at-Law Judge Jan Breland. Reposa allegedly aimed his simulated masturbatory gesture directly at Judge Breland and the judge found this act to be malicious and contemptuous, to say the least. As a result, the Austin defense lawyer was led out of the Heman Sweatt Travis County courtroom bearing handcuffs. For this misdemeanor, defense lawyer Reposa has been sentenced to jail for a period of 90 days. District Judge Paul Davis has stressed that he was proud to clear things out in order to “uphold the integrity of the judicial process”.
How Reposa gesture came about was while defending his client on the charge of driving while under the influence of alcohol. What the court didn’t expect was the dramatic turn of of events. In the course of representing his client, he suddenly looked directly at prosecutor Richard Gentry, rolled his eyes, and pulled off the obscene gesture during the pretrial hearing. Judge Breland found Reposa’s actions to be “intentional and contumacious conduct during the court’s review of the plea bargain offer to his client before jury trial.”
When Contempt is Part of the Legal Picture
In basic terms, contempt of court is a civil infringement with a criminal punishment. Retired Judge Davis was assigned to hear the complaint filed by Judge Brendal. Judge Davis clarified that contempt of court is a complaint filed against a persona whenever the court decorum is violated for any grounds applicable. The judge noted that Reposa seemed to be undecided on whether to admit his fault or justify his act because he reportedly did both things during the hearing that took place in the county attorney’s office. Reposa also tried to argue that he didn’t intend the gesture for the judge but instead it was meant for the prosecutor.
In case you were wondering, Reposa’s name is listed on the State Bar Web site as Adam “Bulletproof” Reposa.
