Sunday, November 30, 2014

Vampires and cops

In my second book I asked: What’s the difference between a vampire and a cop?  Answer: A vampire has to be invited into your home before entering; a cop only has to say he was invited in and the judge will believe him.  And now, it turns out that cops don’t even have to do that much.  In State v. Parisi the cops had “probable cause” to believe that Ms. Parisi was smoking some weed inside her home.  Probable cause is an incredibly low level of proof, but it allows the cops to do a lot of things — except enter her home.  For that, the general rule is that they need an invitation or a judicially-signed search warrant.  (Admittedly, warrants are nearly always rubber-stamped and are nothing more than Fourth Amendment symbolism; worse yet, they sometimes fail to serve even that limited purpose.)

Thursday, November 27, 2014

Lawyers, throw away your computers!

I just read an article that annoyed me more than listening to a podcast where the guest starts every sentence with the word “so.”  Apparently there is a group of “young lawyers” who are trying to “shake up [the] legal profession with mobile apps.”  (I hated the expression “apps” when restaurants were using it, and it’s even more annoying when techies use it.  Aren’t the words “appetizers” and “applications” short enough?)  According to the article, this entrepreneurial group may have developed some new software programs that sound potentially useful for certain legal practice areas — kudos if that is, in fact, the case.  But the gist of the article is that the legal profession’s goal should be “to remove computers from the equation and build complex legal documents through mobile devices.”

Saturday, November 22, 2014

The problem with continuing legal education (and how to fix it)

I recently attended a day-long continuing legal education (CLE) program as part of my 30 CLE hours that are required every two-year reporting period. It may have been the "longest" eight hours I've experienced since becoming a lawyer — although one speaker’s informative, dynamic, and even inspiring presentation on defending domestic violence cases salvaged the day from complete and utter disaster. Many of the remaining presentations, however, fell into one of the following categories:

Sunday, November 9, 2014

The lawyer job market (revisited)

I recently wrote about an advertisement for a Racine County advocate counsel position.  Essentially, the job would require the victim newly hired attorney to handle as many as 80 case appointments, including the defense of serious felonies, for $25,000 per year without benefits or even expense reimbursement.  I suppose that I knew this was outrageous, or I wouldn’t have written about it in the first place.  But as a criminal defense lawyer for the last twelve years, I’ve kind of become immune to governmental and bureaucratic outrageousness, so I didn’t expect that the post would garner such national attention.