Comments on: Keeping abreast of developments in the law http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/ Fri, 21 Nov 2008 04:33:32 +0000 http://wordpress.org/?v=2.6.3 By: Audacity http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13477 Audacity Thu, 17 Jan 2008 22:51:43 +0000 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13477 In Georgia, the criminal defense bar sends out a monthly newsletter with all the hot cases. It's been extremely helpful several times! In Georgia, the criminal defense bar sends out a monthly newsletter with all the hot cases. It’s been extremely helpful several times!

]]> By: SPO http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13468 SPO Thu, 17 Jan 2008 20:07:27 +0000 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13468 I used to work as a law clerk for an appellate judge. We were required to read all opinions from the appellate courts of that state. I would get the opinions hot off the press, and if any were interesting, I would fax to my prosecutor buddy. One time, he told me that the very next day, he referenced a case I had sent to him while arguing a motion. Defense counsel hadn't heard of the decision yet. I would bet that, at the very least, if you are citing hot off the press cases in your oral presentations to the judge, you will gain credibility with the judge and the prosecutors, which will help you help your clients. I used to work as a law clerk for an appellate judge. We were required to read all opinions from the appellate courts of that state. I would get the opinions hot off the press, and if any were interesting, I would fax to my prosecutor buddy. One time, he told me that the very next day, he referenced a case I had sent to him while arguing a motion. Defense counsel hadn’t heard of the decision yet. I would bet that, at the very least, if you are citing hot off the press cases in your oral presentations to the judge, you will gain credibility with the judge and the prosecutors, which will help you help your clients.

]]> By: Maggie http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13460 Maggie Thu, 17 Jan 2008 18:16:18 +0000 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13460 I was trying to be helpful for my fellow lawyers out there by covering these exact issues and putting good opinions in helpful blog posts. Guess what my least trafficked posts are? I quit a few weeks ago and haven't heard a peep from anyone missing them. It's a shame, since I thought it was the thing people would find most helpful. I was trying to be helpful for my fellow lawyers out there by covering these exact issues and putting good opinions in helpful blog posts. Guess what my least trafficked posts are? I quit a few weeks ago and haven’t heard a peep from anyone missing them. It’s a shame, since I thought it was the thing people would find most helpful.

]]> By: Gideon http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13457 Gideon Thu, 17 Jan 2008 17:51:12 +0000 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13457 I agree wholeheartedly. Elements analysis does come first, but this might just be a close second. It's impact pervades our entire practice. I agree wholeheartedly. Elements analysis does come first, but this might just be a close second. It’s impact pervades our entire practice.

]]> By: Greybear http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13454 Greybear Thu, 17 Jan 2008 17:41:57 +0000 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13454 You HAVE to not only have a good grasp of the caselaw to begin with, you have to keep up with it. It's one reason I preach motions practice to my mentees. If you aren't doing motions, you aren't reading caselaw; and if you aren't reading caselaw, you're letting at least some people go down who shouldn't have. The only thing that even comes close in importance is elements analysis. You HAVE to not only have a good grasp of the caselaw to begin with, you have to keep up with it. It’s one reason I preach motions practice to my mentees. If you aren’t doing motions, you aren’t reading caselaw; and if you aren’t reading caselaw, you’re letting at least some people go down who shouldn’t have. The only thing that even comes close in importance is elements analysis.

]]> By: Gideon http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13407 Gideon Thu, 17 Jan 2008 02:32:06 +0000 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13407 I disagree. I don't think it should prevent you from making creative arguments - in fact, it would help you in making creative arguments. On the other hand, if you argue something that's well settled in your jurisdiction and you plainly display that you're just not aware of it, you're doing your client a disservice. I just can't see how it would hurt you in your representation of a client. I disagree. I don’t think it should prevent you from making creative arguments - in fact, it would help you in making creative arguments.

On the other hand, if you argue something that’s well settled in your jurisdiction and you plainly display that you’re just not aware of it, you’re doing your client a disservice.

I just can’t see how it would hurt you in your representation of a client.

]]> By: sef07 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13406 sef07 Thu, 17 Jan 2008 02:26:46 +0000 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13406 I am convinced reading appellate opinions fucks up your ability to argue creatively and cramps your ability to effectively argue, unless, and only unless, you read opinions from the "good courts" (ninth, mass, maine, nj, hi) and not just our own courts. I am convinced reading appellate opinions fucks up your ability to argue creatively and cramps your ability to effectively argue, unless, and only unless, you read opinions from the “good courts” (ninth, mass, maine, nj, hi) and not just our own courts.

]]> By: Miranda http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13401 Miranda Thu, 17 Jan 2008 01:45:29 +0000 http://apublicdefender.com/2008/01/16/keeping-abreast-of-developments-in-the-law/#comment-13401 Wow, this is preachy - even for you! But it's a good point, nonetheless. Wow, this is preachy - even for you! But it’s a good point, nonetheless.

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