trial
One-size-fits-all prosecutorial negotiating approaches disserve all parties and invite patchwork negotiating over jurisdictions and time
As glorious as are criminal trial victories, settlement negotiations are very important for many criminal defendants, because many of them are caught redhanded and have thin reeds at best for avoiding worse and significantly more punishing outcomes at trial than trough settling their case.
Criminal defendants need to face even the ugliest aspects of their cases, with their lawyers backing them up
Criminal defendants' mere need for my services does not automatically mean anything worse than that they have been accused of a crime and are presumed innocent and well may be innocent, but the very risk of a conviction can clash for them with their sense...
Devoting the lawyer’s heart and soul for the client
It may be easier for a committed criminal defense lawyer to put his or her all into the clients' case than convincing a judge, jury or prosecutor to do the same, and from the defendant's perspective. However, it is vital for the criminal defense lawyer...
An arrest brings one closer to the fire. A full-court press is necessary
The cops, prosecutors, and judges are not criminal defendants' friends. They have their own agendas that are not parallel to the defendants' goals and agendas. That means that all criminal defendants need to obtain a qualified lawyer early on .
Why Effective Storytelling is Critical in the Persuasion Process
People don't decide in fragments. They decide in the full context of stories and feelings -- often with their entire beings -- and how that fits in with their life experiences. Therefore, storytelling is critical in the persuasion process.
In Trial Battle, Relax and Practice, and Be Ready for Vomit and Other Messes
My blog entries on trial practice boil down to relaxing and practicing, just as amazing taijiquan teacher Ben Lo reminds his students that the key foundation of excelling in taijiquan is “relax and practice”. For relaxation, I mean active relaxation, not collapsing. Certainly, brittleness is...
The wind of a prosecutor’s condescending words
One day I was speaking with a taijiquan teacher about yelling people. He replied: “Why try to figure them out? It is just wind.” That advice is great for staying powerfully calm and unrattled in the face of someone exploding in an unjustified tirade. However,...
