Tag Archives: LinkedIn

I will not violate your 4th Amendment rights; not on a Jeep, not with GPS.(Updated x2)

United States v. Jones

http://www.supremecourt.gov/opinions/11pdf/101259.pdf

SCOTUS ruled today that plac­ing a GPS track­ing device on a defendant’s vehi­cle is a search within the mean­ing of the 4th Amendment.

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I believe…

I sat down with my law school’s career devel­op­ment alumni liai­son (or what­ever fancy title they use) this past week. She was friendly, she tried to be as help­ful as pos­si­ble, and (to be fair) she did give me some good ideas about my job search.

This post is not about that.

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So much to learn — Updated

Work­ing at the Office of the Pub­lic Defender is incredible.

I’m learn­ing so much about the prac­tice of crim­i­nal law, it’s actu­ally pretty pathetic. I mean, you’d like to imag­ine that after law school and the bar you know some­thing about the real­ity of crim­i­nal law.
Some­thing.
Any­thing at all.

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Are you going to finish that kidney?

I remem­ber when he was arrested.

An ortho­dox man who bro­kered deals between peo­ple who needed organ trans­plants but had years to wait on the offi­cial list and peo­ple who were will­ing to donate the needed organs.

Now Levy Izhak Rosen­baum has pled guilty to organ trafficking.

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I forget, what are we trying to accomplish again?

Troy Davis was exe­cuted last night.

I can’t explain the details sur­round­ing his case bet­ter than Jeff Gamso has; I can’t argue with Mark Osler’s arti­cle on cnn​.com explain­ing why we should err on the side of not mur­der­ing some­one. It almost seems like there is noth­ing left to say… but I can’t sit now and say nothing.

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OPD Interning

Yes­ter­day I interned at the Office of the Pub­lic Defender in dis­trict court. This was the first day of my new sched­ule, work­ing my 40 hours in 4 days and tak­ing Tues­days off to intern at the OPD. It was frig­ging fantastic.

Since I’m still wait­ing on my bar results the most I can do is act as a law clerk, but that’s still much more than I’ve had the chance to do before now.

The more I find out about the court and its pro­ce­dures (not civil, not crim­i­nal, but admin­is­tra­tive) the more igno­rant I feel. But at least it’s tem­pered with the knowl­edge that I’m in the right place to learn.
Turns out that the dis­trict court I’m work­ing at splits up the court­rooms by dis­trict. I was assigned to one court­room and I shadow the attor­neys who work that room.

Utter chaos started the day; peo­ple all over the place, lawyers snatch­ing con­ver­sa­tions with clients and their fam­i­lies before­hand and run­ning out of the court­room for min­utes at a time to fol­low up with clients after­ward.
Between the two attor­neys I shad­owed, there were about 20 cases dur­ing the morn­ing docket, but only 5 or so dur­ing the afternoon.

When the after­noon docket was fin­ished, one of the attor­neys asked me if I found it bor­ing or excit­ing. I told him that I’m still at the point where it’s all excit­ing, no mat­ter how bor­ing it is.

Maryland Judiciary Watch, vol. 8

DANIEL A. McNEAL

 v.

STATE OF MARYLAND

http://​www​.mdcourts​.gov/​o​p​i​n​i​o​n​s​/​c​o​s​a​/​2011​/​1992​s​09​.​pdf

This opin­ion by the Court of Spe­cial Appeals addresses sev­eral issues. The one I want to high­light is the sec­ond ques­tion pre­sented to the court.

2. Did the trial court err in admit­ting extrin­sic evi­dence of a prior incon­sis­tent state­ment made by the Appel­lant when the Appel­lant admit­ted hav­ing made the state­ment and explained why he had made it?

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Job search 101: Experience or Money?

This was sup­posed to have been easier.

When I first start­ing work­ing, years before I started law school, I ran into the same prob­lem every­one runs into when try­ing to find an entry-level posi­tion any­where — how do you get work expe­ri­ence with­out already hav­ing work expe­ri­ence?
I was for­tu­nate enough to get an inter­view with SSA back when they were still hir­ing any­one with a pulse. Now, nearly seven years later when I’m look­ing for a job in the legal pro­fes­sion, I was hop­ing that hav­ing seven years of work expe­ri­ence would count for something.

I will now allow you to wipe up what­ever it was you were drink­ing that you spewed all over your key­board after read­ing that.

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Ethics, Ethics, Everywhere…

Much has been said about Rachel Rodgers’ rant about older attor­neys sup­pos­edly using ethics as a weapon against younger attorneys.

I’ll be hon­est, I’m not entirely sure what her point was, but I can totally under­stand some­one want­ing to write just to blow off steam. Although it might be a good idea to wait until you calm down before post­ing it; but that’s another issue, entirely.

I’m not here to decide whether she is vio­lat­ing any ethics rules, even though she is. My rea­son for writ­ing about this is that I took a few min­utes yes­ter­day to peruse my state’s Attor­ney Griev­ance Com­mis­sion web­site. Listed are the names of sanc­tioned attor­neys next to the sanc­tions against them and the rea­son for the sanc­tions.
There are a lot of names. Sev­eral names appear mul­ti­ple times over the course of a few years.
Some sanc­tions are for crim­i­nal con­duct, but a large amount are sanc­tions against young attor­neys who screwed up the fun­da­men­tal aspects of prac­tic­ing law.

Trust accounts. Com­pe­tence. Timely fil­ing. Com­mu­ni­ca­tion with a client.

A slightly smaller num­ber of attor­neys are sanc­tioned for fail­ure to sat­is­fac­to­rily super­vise junior asso­ciates. That tells me that those junior asso­ciates would have been sanc­tioned had they been going solo, with­out the super­vis­ing attor­ney as a safety net. The issues were the same — fun­da­men­tal tenets of the prac­tice of law.

Is it wrong for an older attor­ney to use ethics as a weapon against younger attor­neys? If by that you mean to beat some­body with a bound Rules of Pro­fes­sional Respon­si­bilty, then yes.
If you mean to increase aware­ness of the poten­tial pit­falls for a newly barred attor­ney going solo, then no.

Caylee doesn’t need a law

I wasn’t going to write about this. I really wasn’t.

Peo­ple have already said most of what I wanted to say. They’ve said it bet­ter than I can.

Then I saw that Mary­land Sen­a­tor Nancy Jacobs is propos­ing a bill that makes it a felony if a par­ent fails to notify the police within a short period of time after the death of the child is discovered.

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