Saturday, January 17, 2009

The Top Ten Things Prosecutors Hate About Defense Attorneys

An Anonymous prosecutor vents on Fort Worth defense lawyer Shawn Matlock's blog about attorney-bloggers who "complain about ignorant prosecutors that don't understand the lives of criminals defendants." He seems kinda lonely, though, and would benefit some reader reactions. :) Via Brian Tannebaum.

As always, you can find ongoing prosecutor venting here.

10 comments:

  1. Not that he's wrong (he isn't), but this sounds like the griping of a very low-level ADA working with either very poor, or very inexperienced, defense lawyers. This just isn't how most defense lawyers work in the big leagues.

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  2. Pretty much all of those apply to prosecutors and civil lawyers as well.

    The real difference is that when a defense lawyer lies, maybe his client doesn't get as stiff a sentence and the prosecutor gets miffed, but if a prosecutor lies it could result in a wrongful conviction. The fact that he doesn't even mention this issue while whining about dishonest defense lawyers shows that he has a lot to learn.


    I also find it interesting that he says "don't expect me to do my job for you" but then gets pissy if he asks a defense lawyer about the defendant's record and it gets misrepresented--isn't it the prosecutors job to look up, and isn't he expecting the other lawyer to do that job for him? Cuts both ways, punk.

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  3. Rage, that's pretty much the comment I left on the original blog post. Every point he made could point either direction. How does that go again? "Before taking the splinter from your brother's eye, remove the plank from your own?" Good advice, that.

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  4. I've actually found his gripes to be more true of prosecutors than defense attorneys... especially in regards to the prosecutor/pubic defender relationship (I am a PD). There's not a PD in my office who doesn't know the law BETTER than most of the prosecutors in our circuit. WE HAVE TO! Prosecutors screw up, they don't care, a defense attorney screws up and it's malpractice. I could go on and on... it's very frustrating!

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  5. And then there is arrogance the discovery in Tarrant County. Being told you aren't getting anything unless you join the local defense bar and get your discovery there. What is wrong with the Dallas method of both attorneys sitting down with the DA's file at the same time?

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  6. I am sure this will not be a popular comment but.....
    I have come to conclusion that A) lawyers on either side routinely sell their souls B) Law is not rocket science, just knowing how to read very ambiguous wording to prove your particular bias.
    The only absolute in the "justice" field: Money buys the best justice.
    Sorry if it sounds cynical, too much experience with injustice.

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  7. I offer no ap for what I am about to write. Prosecutors are usually journalism majors with miserable lives that hype up criminal misdeeds to glorify themselves. I have seen and witnessed prosecutors lie and hide the truth from defense attorneys...I have seen defense attorneys make deals on the heads of their clients...money buys nothing....it only lines the pockets of the true criminals...the justice system. Stop whining and if you see an attorney breaking the law, a judge or officer abusing the color of law - his badge, his oath or his gavel....gather the evidence...report it and make a big scene until someone listens.

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  8. To whom do you report prosecutor misconduct, 12:47?

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