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  1. #1
    Join Date
    Jun 2011
    Posts
    426

    New Law Course...What NOT TO DO 101

    I've been thinking about all the mistakes the DT made over the past few weeks. Can't remember them all so please add on.

    Here are just a few that stand out to me:

    - NEVER start with a far-fetched Opening Statement that you will never be able to back up with witnesses and evidence. Particularly if your client is a pathological liar who will never be able to testify. Always remember the KISS principle.

    - NEVER ignore the rulings of the Judge...it just pisses him off.

    - NEVER open the door to testimony from police officer's about your client's prior bad acts.

    - NEVER solicit testimony you know to be untrue when it will be easily proven untrue with today's computer technology.

    - If the SA has an expert witness whose testimony is beyond impeachment (ie Dr Vass), NEVER bring on less prestigious experts to try and prove him wrong. Probably best to just ignore that testimony and hope the jury forgets it.

    - NEVER bring in a whack-job, grief counselor as an "expert witness" when she doesn't even know what peer review is.

    - NEVER make accusations of molestation against the brother of the defendant...then fail completely to even bring it up during your examination of him on the stand.

    - NEVER prove to the jury that your client used to bury her pets in the same manner that she disposed of her victim.

    - NEVER open the door to the entry of a suicide note that proves the innocence of the person you are trying to vilify in place of your client.

    and finally.....

    - NEVER, NEVER, NEVER assume that the Prosecution will be as inept as you are.


    “Re-examine all that you have been told...dismiss that which insults your soul.” ~ Walt Whitman


  2. #2
    Join Date
    Aug 2010
    Posts
    510
    never believe that you are the only one on earth that your pathological lying client is being honest with.

    i am convinced that jb believed his client. this was brought home for me yesterday when he listing the pets by name and got to a "misty." apparently, they never had a pet named misty. ica had embellished. and jb, like with everything else, believed her.

  3. #3
    Join Date
    Jun 2004
    Posts
    3,813
    Oh, God help Jose if he actually believed Casey!

  4. #4
    Join Date
    Apr 2009
    Posts
    2,903
    Never let the defendants mom get on the stand and lie for the defendant..especially if she is a nurse for Gentiva.

    never ever go up against Linda, Jeff and Frank

    never hire Dr Spitz, Dr Rodriguez or grief counsselor on drugs and alcohol.

    never bring up how many pets that the family has buried.

    never lie in Adorable Judge Perry's courtroom
    Last edited by pferrin; 07-01-2011 at 08:20 PM. Reason: cause

  5. #5
    Join Date
    Jul 2010
    Location
    NE
    Posts
    373
    " if you can't say something intelligent don't say anything at all", you don't want to be the lawyer remember for saying "blah, blah, blah" to a judge on national Television.

    and adding to that:
    Some actors on Television PLAY attorneys, and you are on Television, this is neither entertainment nor are you an actor. You are an ACTUAL lawyer, act like it.
    Moo, moo, moo...I moo but don't call me a cow!

    Please don't take what I say personal...internet speak is hard to become fluent in! Please know that unless I state otherwise everything I say is because I want to further the discussion.

  6. #6
    Join Date
    Aug 2008
    Location
    Sunny Central Florida
    Posts
    146
    Never, ever treat a more experienced, wiser and more respected attorney, that has offered to assist you, as if you don't need to learn anything from them. Ask and follow their advice and counsel.

    Never, ever do what is best for your career instead of what is best for your client.

    Never forget what the term "sustained" means.

    Never schedule media events when you need to spend time learning how to litigate effectively.

    Never miss the courts/judges deadlines.

    Never forget what the "rules of discovery" are.


    Oh, I could go on....and on.....and on....

    BeagleMom
    Last edited by BeagleMom; 07-02-2011 at 05:39 PM. Reason: grammar, again

  7. #7
    Join Date
    Oct 2008
    Posts
    3,663
    Never “put the state on notice” while the judge is still reprimanding you
    Just my opinions (and I have been wrong before)!

    pinkfly

  8. #8
    Join Date
    May 2011
    Location
    Snowflake
    Posts
    464
    Quote Originally Posted by goatman View Post
    " if you can't say something intelligent don't say anything at all", you don't want to be the lawyer remember for saying "blah, blah, blah" to a judge on national Television.

    and adding to that:
    Some actors on Television PLAY attorneys, and you are on Television, this is neither entertainment nor are you an actor. You are an ACTUAL lawyer, act like it.
    So are you suggesting JB becomes the world's first MIME attorney? You think he gets on your last nerve now?

  9. #9
    Join Date
    Dec 2010
    Posts
    246
    Don't phrase your questions so that nobody understands what you are asking.

    Don't try to pretend you know things (such as how computer memories work) when you obviously don't.

    Don't ask every witness if he or she is a chemist. Just get over the chemist thing, already!

    When the judge is actually trying to teach you a little law, don't ignore him.

    Tink

  10. #10
    Join Date
    Dec 2008
    Location
    Penn's woods
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    17,195
    I don't have any observations to add but I really do think that the way defense handled certain portions of this case and how they handled submitting evidence, doing depo's.....a lot of very specific actions of this defense will be brought into classes in the future for discussion. And yes I agree the discussion will be 1. how not to.... 2. How could this have been handled differently type of questions. KWIM? I really do. JMHO


  11. #11
    Join Date
    Dec 2009
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    11,612
    Quote Originally Posted by doubt View Post
    never believe that you are the only one on earth that your pathological lying client is being honest with.

    i am convinced that jb believed his client. this was brought home for me yesterday when he listing the pets by name and got to a "misty." apparently, they never had a pet named misty. ica had embellished. and jb, like with everything else, believed her.
    I think he believed her too! And I think when they prepped her to take the stand she came out with a NEWER! BETTER! lie like, well I wasn't even there and I left my car at home with the keys in it. And that led to the competency eval.

    Never believe your client.
    My Twitter handle is @Lovemypupper . I had to change it due to rabid Kate Gosselin fans. Seriously. I'm not kidding.

  12. #12
    Join Date
    Dec 2010
    Posts
    246
    Quote Originally Posted by strawberry View Post
    I think he believed her too! And I think when they prepped her to take the stand she came out with a NEWER! BETTER! lie like, well I wasn't even there and I left my car at home with the keys in it. And that led to the competency eval.

    Never believe your client.
    Strawberry, I think you're right! That hadn't occurred to me, but it makes total sense. They started asking her tougher questions to prepare her for cross ("so why if your daughter had just drowned did you go on the computer and start uploading photos?"), and she started into a whole new round of lies (as she always does when she's caught out) and then they realized they were in big trouble. Huh. Makes sense.

    Tink

  13. #13
    I can add only one thing that COULD have saved JB all this fuss to begin with:


    In the beginning when he took on his client? I doubt he took a retainer fee to take this case on? Or he did and simply bit off more than he could chew.

    Anyway, he's not a paid attorney now. SO in the future? And I don't know why he didn't screen this case originally anyway....NEXT client? SCREEN THEM! Even attorney's have ethics and a code of honor to work by. Even if they are guilty? At least make sure the story stays consistent first?

  14. #14
    Join Date
    Jun 2009
    Location
    "Way down south in Dixie"
    Posts
    152
    Never roll your eyes at the Judge when he is reprimanding you.
    QueenofWands


    Unless a link is included, anything I say, is my opinion and my opinion only. It may not be the truth as others see it, but I do have the right to my opinion.

  15. #15
    Join Date
    May 2011
    Posts
    1,342
    If you see the lights of a Mack trucked headed your way, throw in the white towel and run.