Attorney-Client Relationship
5 Lessons on Being a Better Advocate from The Rainmaker
The Rainmaker is available on Netflix. In my earlier snobbier days I scoffed at lawyer movies and written legal thrillers. I’m either not as picky as I once was, or I’ve learned to find actual value in this kind of entertainment in spite of the inaccuracies. I’ll start with a no-spoilers overview of the plot…
Read MoreThoughts on Plea Bargaining and the Role of the Client
Yesterday, appeared as an expert witness in the United States District Court for the Middle District of Tennessee on a 2255 hearing that involved a question of ineffective assistance of counsel at the plea bargaining stage. Essentially, the question for the Court was whether counsel’s advice led to Federal jury trial that should never have…
Read MoreSome Advice Regarding Second Opinions
Appellate lawyers are rarely the first lawyer on the case. Sometimes, the trial lawyer stays on for the appeal. And sometimes the appellate lawyer was part of the trial team. But appellate lawyers are very often the lawyer who renders a second opinion. Frequently trial and appellate lawyers are consulted to render a second opinion…
Read MoreSketchy Trip to the Apple Store
I now have my doubts about The Genius Bar at the Apple Store. On Friday, after court, I stopped by an Apple Store to get some technical help from the folks at The Genius Bar. A few weeks ago, I left a set of airpods in their charger in a pair of pants and ran…
Read MoreMy Interview with Erin Gerstenzang
A new episode of the podcast of the Georgia Association of Criminal Defense Lawyers is out. This one features an interview with Atlanta criminal defense attorney Erin Gerstenzang. Erin and I discuss the basics of marketing for lawyers. We discuss her office in a co-working space at Ponce City Market. And my favorite moment was…
Read MoreIn Defense of Expertise
I recently listened to Sam Harris’s interview with Tom Nichols on Harris’s Waking Up Podcast. Nichols discussed the “Dunning-Kruger Effect.” If there is a zeitgeist for our age, it may well be the Dunning-Kruger Effect. Before I define the Dunning-Kruger Effect, let me describe the setting where you may have experienced it. Most often you…
Read MoreSome Great Advice from a “Door Lawyer”
I heard some great advice a few days ago in an unexpected place — a county jail. I was there for a bond hearing and preliminary hearing. And it was the typical scene. Inmates were everywhere. Law enforcement agents were lining the walls as they awaited their hearing. The DA was there with a huge…
Read MoreThe Hardest Part About Being in Jail
Yesterday was Friday afternoon, but I needed to see an inmate to let him know when he would go before a judge on bond. Some work around the office pushed that visit into the afternoon. And when I finally arrived at the jail, the entire facility was on lockdown. Lockdowns are not unusual. And when…
Read MoreAmerica Should Adopt the British Solicitor/Barrister Model
Let me tell you about my latest obsession: the British legal system. I came upon this topic by accident. Two weeks ago, I had a two-day hearing in Barrow County, Georgia, with some colleagues. For those of you who do not know much about Georgia geography, Winder is not near my office. And to get…
Read MoreToday’s Talk on Wellness for Lawyers
We, as a profession, are not doing well. A very large percentage of us are suffering from significant mental health issues. We are one of the top five professions for rates of suicide. And many of us battle significant substance abuse issues. Today, Bob Rubin and I gave one of the most significnt CLE talks…
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