Can My Client be Impeached with Prior Juvenile Adjudications?

Well, generally, no, but it depends. (Don’t you just love that answer!) Texas Rules of Evidence, Rule 609(a) speaks generally to impeachment with criminal convictions. Juvenile adjudications are not criminal convictions, and are therefore, generally not admissible for impeachment purposes. Rule 609(d) specifically addresses juvenile adjudications: (d) Juvenile Adjudications. Evidence of a juvenile adjudication is … 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