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

Prosecutorial Discipline

For decades, discipline for prosecutors was atypical and virtually nonexistent. Times are changing, though, it seems. First, Ken Anderson and Charles Sebesta and now line prosecutors. In a case of first impression for disciplinary actions, Denton County prosecutor William Schultz found out the hard way that Brady has meaning beyond the courts. While the courts … Read more

Good Deeds

Criminal defense lawyer extraordinaire Mark Bennett has done his fair share of good deeds. As he can tell you, no good deed goes unpunished. A true defender, Mark often comes to the aide and defense of his brethren in and around Harris County. He is head of the HCCLA Strike Force and responds to a “bat signal” … Read more

(il)Legal Copycat

In what Internet universe would a lawyer steal the words and work of another and not expect to be caught or called out? Why would a lawyer post “news” on their website by simply trolling the Internet and stealing others news? And, if a lawyer were going to do so, would they just take the … 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