How and Where We Work

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I almost never work in my office. The office is mainly a place to meet a client for the first time or a week or so before court. It is also the place where I retrieve mail that will be scanned into our system. My actual office is in my briefcase. I sprawl the contents…

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A Few Thoughts on Motions for Reconsideration

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This week, I became involved in an appeal much later than I typically do. The Court of Appeals had already made its decision, and I drafted a motion for reconsideration for my new co-counsel. Typically, when I draft a motion for reconsiderayion, I am getting my ducks in a row for a petition for certiorari…

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When The Lawyer Works Too Hard and is Penalized

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The New York Times ran an article this week about a lawyer in Galveston, Texas, who was penalized by a judge for working took hard on his cases. The matter is the subject of a Federal lawsuit. The lawyer was appointed by the judge to represent a man charged with breaking into a car. The…

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Here’s How I Started My Appellate Practice

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I frequently receive calls from law students or lawyers looking to become appellate lawyers. And I find myself having lunch with people and discussing how I started out. What I am writing here is what I typically say on those calls or at those lunches. I have a background that suited me for appellate practice.…

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Recent Interviews and Argument

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A few weeks ago, I argued DHS v. Steiner at the Georgia Supreme Court. The case involves a Constitutional challenge to Georgia’s child abuse registry. My former law student, new associate, and co-counsel Kayci Dennis and I filed the Brief of Appellee. She’s pictured to my left. And we combined our efforts with a set…

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My Interview with Erin Gerstenzang

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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…

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New Podcast from GACDL

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The Georgia Association of Criminal Defense Lawyers has a new podcast up. In episode 1, I interview criminal defense attorney and author Jason Sheffield about his new novel. But we get into some other topics such as attorney-client relationships, law practice management, and the good and bad of law school education in America. This was…

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In Defense of Expertise

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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…

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Taking a Witness’s Testimony by Skype

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A couple of weeks ago, I had a critical witness who would be unavailable to attend a hearing. The Court insisted on a particular date, and the expert had travel plans and non-refundable plane tickets. We decided that we would take his testimony by Skype. Moments after making the decision to Skype the witness, I…

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