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re: What's it like being a defense attorney, and what kind are you?
Posted on 3/16/26 at 4:18 pm to Mushroom1968
Posted on 3/16/26 at 4:18 pm to Mushroom1968
I think the stats are something like:
90% - open and shut cases that get quickly plea bargained.
5% - interesting disputes of law and procedure that involve brain work.
5% - cases where there are genuine concerns over innocence or the suspect is an idiot who refuses to plea and wants his day in court in which case you have to deal with trial work.
Most rank and file criminal lawyers also do personal injury and other civil case work. Not surprisingly there is STRONG client overlap in terms of the people who get arrested and the people who get in car accidents, get bitten by dogs, have a waitress throw something at them, etc...
2
Posted on 3/16/26 at 4:19 pm to Mushroom1968
quote:
Makes sense, I didn’t know that.
Well the other part is that if they choose to testify, if they lie, you're in a pickle. You can't permit known perjury to be entered into the record. There is actually a process you're taught for this specific scenario and to avoid it you're told not to ask. Basically causes all sorts of issues.
It's a bit different in civil b/c there isn't the same sort of 5th Amendment protections (in 99% of cases, but there's a rule for when the 5A shows up) and clients will have to testify, so that shock at trial isn't really possible.
Posted on 3/16/26 at 4:19 pm to SlowFlowPro
quote:
trials aren't about the truth. They are about evidence.
Posted on 3/16/26 at 4:21 pm to AUFANATL
quote:
90% - open and shut cases that get quickly plea bargained.
5% - interesting disputes of law and procedure that involve brain work.
5% - cases where there are genuine concerns over innocence or the suspect is an idiot who refuses to plea and wants his day in court in which case you have to deal with trial work.
Pretty accurate.
Posted on 3/16/26 at 4:21 pm to SlowFlowPro
quote:
Well the other part is that if they choose to testify, if they lie, you're in a pickle.
Yea I’ve wondered about this also. Seems like a burying face in hands situation for the attorney
Posted on 3/16/26 at 4:22 pm to AUFANATL
Interesting information, I didn’t know that
Posted on 3/16/26 at 4:25 pm to Mushroom1968
I defend insurance companies against scum that try and file bogus injury claims. I've gotten to know a lot of private detectives. As far as defense work, it's pretty good
Posted on 3/16/26 at 4:44 pm to Mushroom1968
My college professor brought in Jose Biaz to discuss defending Casey Anthony. This was pretty shortly after the trial too.
Listening to that dude talk for an hour was something.
Listening to that dude talk for an hour was something.
Posted on 3/16/26 at 4:50 pm to Mushroom1968
quote:
Seems like a burying face in hands situation for the attorney
Second only to a defendant not showing up for the second day of trial. I’ll go to my grave not believing that the defense lawyer didn’t know.
Posted on 3/16/26 at 5:24 pm to Mushroom1968
I think it was Neal Boortz who said the defense attorney's job was to make sure that the state did theirs.
... or something like that. I heard it 20+ years ago
... or something like that. I heard it 20+ years ago
Posted on 3/16/26 at 5:27 pm to Mushroom1968
You’ve got to be loud enough that the ADA hears that your client will plead guilty in return for not billing him as a habitual offender.
Posted on 3/16/26 at 5:30 pm to Rouge
quote:
I defend insurance companies against scum that try and file bogus injury claims
Funny how all the ones on your desk are bogus and from scum.
Although I do think some sort of fraud/ SIU civil defense practice would be fun. Know a guy in LC who does that type of work. Popped him for $90k when he came into my case with that nonsense. Also got to second base with his daughter years before we tried that case against one another.
This post was edited on 3/16/26 at 5:31 pm
Posted on 3/16/26 at 5:32 pm to Mushroom1968
Defense attorneys always be talkin bout:
Objections, your Honor!
Objections, your Honor!
Posted on 3/16/26 at 5:54 pm to Mushroom1968
There is an old saying in the law business that says if you have the facts, pound them. If you dont have the facts, pound the table... If you dont have a table, pound the court reporter.
Posted on 3/16/26 at 5:57 pm to Tiger Ryno
quote:
There is an old saying in the law business that says if you have the facts, pound them. If you dont have the facts, pound the table... If you dont have a table, pound the court reporter.
or as my attorney loves to say, "justice is found in the dictionary, not in the courtroom"
another one, "trial law is like making sausage, you really don't won't to see the process, but you might like the end result," or something like that
Posted on 3/16/26 at 6:06 pm to Mushroom1968
quote:
What's it like being a defense attorney, and what kind are you?
I don't do much of it anymore, but I exclusively did criminal defense work for over a decade.
quote:
Are you a yeller and screamer in court
No.
quote:
soft spoken
No.
quote:
funny
Sometimes.
quote:
Do you have to do a lot of public defender work for people who can't afford one?
You don't have to. I did at a high level for nearly a decade.
quote:
Do you ever know your client is guilty but still have to defend them?
Rarely, but yes.
quote:
What happens if a client tells you they are guilty, still defend them, or have to turn them in?
Still defend them. Unless they have someone buried alive somewhere, "turning them in" would cost you your license.
quote:
Ever been involved in defending someone accused of murder?
Yes.
quote:
Do you ever get into a yelling match with the judges?
Never. Standing in the well in front of a judge will very quickly teach you that difference between knowledge and power.
Posted on 3/16/26 at 6:08 pm to Joshjrn
quote:
Standing in the well in front of a judge will very quickly teach you that difference between knowledge and power.
bingo, the weakest link in the system can often be the judge, and they do not give a frick
Posted on 3/16/26 at 6:09 pm to Mushroom1968
quote:
Are you a yeller and screamer in court, soft spoken, funny? Do you have to do a lot of public defender work for people who can't afford one? Do you ever know your client is guilty but still have to defend them? What happens if a client tells you they are guilty, still defend them, or have to turn them in? Ever been involved in defending someone accused of murder? Do you ever get into a yelling match with the judges?
Objection your Honor! Can you instruct opposing counsel to ask one question at a time?
Posted on 3/16/26 at 6:20 pm to boosiebadazz
quote:
bogus
On liability facts? Rare. Damages? All the time. Even the reputable firms here send normal people in for neck and back surgeries they don’t need.
Posted on 3/16/26 at 6:23 pm to NIH
Why don’t they need surgery?
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