ACCUSED: What Are they Thinking?

[Note: I have represented and continue to represent those clients who are falsely accused and those whose charges are inflated, concocted, or exaggerated. These comments are not relective of them.]

I got into a short but interesting conversation today. The two lawyers were laughing at me. I think they missed the point.

When a person is contemplating committing a crime (many of course don't contemplate, they just do it), what goes through their head? Many say that someone who is going to commit a crime never do it with the idea they will get caught. I have a limited belief in this.

Consider this. Repeat offenders such as those convicted of theft or burglary have been caught before. They know they are vulnerable in some way to being apprehended and convicted just like the last time, yet they do it again and again. They continue to take the risk and prior to committing their actions, I believe, make a risk assessment. That is, whether its worth the chance on getting caught given the opportunity that presents itself and its perceived benefits.

What goes into a risk assessment? Whether conciously or unconciously, you can't help but think that whatever downside is associated with their potential actions, i.e. whatever happened last time they got caught, weighs in. Now, I don't think that most of my repeat-offender clients calculate the enhancements or keep up with the legislature on emerging trends. But I do believe that in the back of their mind, they are recalling their last experience at Del Valle, Travis County Jail, or prison. That experience will play in the risk assessment either way: either give them pause or comfort.

What about where the action is contemplated (This is where some of my colleagues and I really differ). I truly believe that the location of the contemplated action makes a difference. Of course it is one of many factors that one may consider. If a person is wavering on whether to take a chance on robbing a bank in Round Rock, for example, isn't that much-publicized 55 year sentence that was handed down in Williamson County some time ago going to play some role in the decision-making? To some folks not, but for some it will.

Some folks don't think any criminals think so sophisticated. I think those folks are naive. I do not profess to be an expert in this area beyond my experiences with my many clients of 16 years. But I have represented those that have planned extensively, were impulsive, or thought they were bulletproof and would never get caught. Believe me, there is a level of risk-taking, it just varies with the individual. And to those risk-takers, I'm always available for the aftermath.

My buddies wanted to be firemen, farmers or policemen, something like that. Not me, I just wanted to steal people's money! --John Dillinger

PRACTICE: Amazing World

[NOTE: Yes, it's been a while since I've posted. No more. I plan to be updating this blog weekly starting tonight.]

I recently watched an internet video of a Conan O'Brien guest. The jist of this clip was that things are amazing and nobody is happy. The guest talked about how technology has made our lives amazingly easier and we have just taken so many things for granted.

Practicing Criminal law in Travis County is amazingly efficient compared to just a decade ago. When I started practicing here, I would show up to misdemeanor jail call hoping that the appointments would get to my name. Sometimes I came up short by just a name or two. Then, to make it somewhat easier, there was the jail call phone line.

Technology then evolved eventually to what we have today, the online docket, email, etc. Along the way during this evolution were internet sights where we could check for inmate location with bonding information, back time calculation, warrants, appellate information, documents from the courts, and free legal research (many are listed on the right column of this blog). I can practice law completely on my laptop or phone anywhere, anytime, complete with my updated calendar. No more paper calendars or having to call court administration for dates. It's truly an amazing time to practice law, especially as a solo practitioner.

But there are a few things that technology can't make better. We still have to travel great distances up and down the building merely to talk to clients, lengthy waits in certain courts to get our business done, taking the stairs because the elevators are slow, and scheduling conflicts that even the most efficient technolgy can't fix. But taken as a whole, practicing law in Travis is a whole lot easier than it was which has led to better time management and more profitability for many of us.

But make no mistake, the practice of law will never truly be easy. Technology will never mitigate the pain victims and their families feel. Technology will never calm the anxiety of the accused. Nor will technology ever lessen the pain of children/spouses separated from parents/loved ones by the bars of prison. These human aspects of practicing law deserve our attention, skill, and judgment constantly. Technology will never be able to lessen what is a life-changing experience for many. And while technology may make parts of our day a little easier to take, it will ultimately be up to our individual approach, style, and patience that will earn our reputation and respect. I think that is a good thing.

LAWYERS: Healthy Attitude

There is alot of of healthcare debate these days. How does this debate impacts my practice and colleagues is hard to say. Most of my cohorts are self-employed. Some have associates, most have legal assistants. Some purchase health insurance for their employees, some don't even have insurance for themselves.

I have been trying for years to talk many of my colleagues into participating in one of the best ideas ever, Health Savings Accounts (HSA's). Passed during the Bush administration, an HSA is a tax-free savings account designed to defray costs, instill some control, and place personal responsibilty for one's health.

An HSA is simple: If a self-employed or otherwise qualified person has a policy with a relatively high deductible (mine is $2500), they can open an account with a qualified institution (I have mine with a bank that is federally insured), and deposit up to nearly $3000 per year. The best qualities of this plan are 1.) that deposits into the account amount to a tax credit (like an IRA) where you can invest it anyway you like; and 2.) the account accumulates from year to year. This means that if one deposited money into this account on a regular basis, there would be perhaps enough money to pay the deductible or put the account holder in a position to increase the deductible and drive premiums lower, all with tax-free money.

The downside? There are none. Why don't more of my colleagues have HSAs? No clue.

The only thing worse than not taking advantage of the options available is the fateful decision not to get an annual physical to begin with. What is at stake by not taking care of oneself is far greater than losing a tax credit.

LAWYERS: A Capital Performance

There are many kudos that should be spread to lawyers who take on the tough tasks. One such task is that of representing those accused of the most egregious of crimes, namely the fatal abuse of children.

Ray Espersen took on that task last week. In a spirited performance and one that shifted the focus and blame onto the co-defendant (my client), Ray articulated a seemingly rational explanation to an irrational act. However, the jury thought otherwise.

Lawyers who take these cases on often find themselves in a tough spot. Caught between the reality of their own emotions and the acts of others, one can only vigorously defend their client at the same time realizing the inner conflict of their own reactions to the acts defended.

Some Lawyers fare better than others in separating these conflicts. To those that don't (or won't) separate their emotions in these types of trials, it is no blot on them. It proves them human and caring, but vulnerable to a charge of inability to represent effectively. To those that do separate their emotions, it shows either emotional control or emotional deficit.

I do not know what emotions Ray experienced last week, but he represented his client with style, competiveness, and the will to win. And in the end, that's what counts.