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

Waller County Jail Report

 The Waller County Civilian Commission report is finally out, and you can read it here: Recommended Police and Jail Practices We finished our review, and our report! Joined by Hon. Craig Washington, Hon. Morris Overstreet, Juan L. Guerra, Randall Kallinen, and Paul Looney, I spent countless hours trying to help the citizens of Waller County. In … 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

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

DNA Errors: Big Deal or Not?

Have you seen the news? The FBI has announced errors in its database which is used across the nation and in Texas. In two prior blog posts (on separate sites), I addressed this issue. August 7, Just How Accurate is DNA?, HCCLA.org (with memo downloads) September 18, FBI DNA Calculation Errors, HCCLAtv.com Today, Fox 26 News … 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

To Plea or Not to Plea?

As a takeoff from my presentation today at Texas Criminal Defense Lawyers Association’s Defending Juveniles, I wanted to share an outline of how to approach advising your juvenile client to plea or not to plea. What is a Plea? In this context, a “plea” is similar to a plea-bargain in a criminal case. A “plea” … Read more

Prosecutor Accountability?

Texas leads the nation in convicting innocent people. Appalling! This is not a lead to be proud of. According to the National Registry of Exonerations, Texas led 2013 in convicting innocent people, and over the years, Texas has always remained in the top four states for convicting innocent people. Convictions of innocent people can be … Read more