Harris County We Have a Brady Problem

For years, Texas and particularly Harris County, has struggled with the concept that prosecutors are to seek justice, not just convictions, and further they are to disclose favorable evidence, mitigating evidence, and even impeachment evidence. You know, the Brady stuff! Well Texas wins loses again and requires the Court of Criminal Appeals to affirm that … Read more

The File: Whose is it?

Important information for attorneys and their clients. Clients: know the file is yours and you are entitled to it (with a possible exception for some materials). Attorneys: know what to turn over and when. Common Attorney Questions: My client (or former client) wants a copy of his file, can I charge him copy fees to … Read more

Just Because You Can, Doesn’t Mean You Should

Sure, a prosecutor can choose to prosecute a case, but that doesn’t always mean he or she should. Trace Cocaine Cases Years ago, then Harris County District Attorney Pat Lykos made the choice to decline prosecution of trace amounts of cocaine. This didn’t mean she approved or condoned cocaine possession. It didn’t mean cocaine cases … Read more

Lawyers and Social Media

Attorneys have the option to use social media to enhance their careers and businesses. But each attorney should keep in mind a few precautions before sharing anything. Failure to take these seriously can cost lawyers their jobs, or worse, their bar licenses. http://www.corpcounsel.com/id=1202738703474/Question-No-1-for-the-Lawyer-on-Social-Media-What-Not-to-Share#ixzz3nUfBnHZR In her Corporate Counsel column, Julie Langdon cautions attorneys: Be Wary of … Read more

Can My Lawyer Give Information About My Case to My Momma?

Confidentiality Lawyers owe a duty of confidentiality to their clients. Lawyers cannot ordinarily reveal confidential information to anyone, absent the client’s consent. Sometimes momma (or daddy or wife or brother or anyone else) will call the lawyer to “see what is happening” or “see what is going to happen.” Often this is simply because the … Read more

Why One Lawyer Shouldn’t Represent Co-Defendants

Conflict Question Often Asked: Can I represent co-defendants? The short answer: maybe you can, but generally you should not. The Texas Disciplinary Rules of Professional Conduct address this and other issues attorneys face. Rule 1.06: A lawyer shall not represent opposing parties and a lawyer shall not represent a person if the representation of that person … Read more