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Incorrigible Dicta
Platitudes and Diatribes from the Best Defense Money Can’t Buy

The Way It Is…

Ironically, in response to Andy’s post about never saying never, I think an important corollary is never say ‘go’ until you have a verdict.  Here I was ready to second chair a trial with Jonathan Elliot and at the very last second before the jury is impanelled the case is resolved.

So I guess what we’ve learned this week is that there are never any absolutes.  Our job is all about adaptability, changing circumstances, and finding the exception to the rule.


Posted by Alex Ramos on October 28th, 2008 :: Filed under Client Service
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Rural Charm

Why some of us like the rural courts:

(on cross-examination of a police officer in a case for operating after suspension)

Q: She wasn’t speeding when you pulled her over?
A: No.
Q: She didn’t run any red lights?
A: No ma’am.  There are no red lights in Ayer.

Almost makes me feel like I was back in Iowa!


Posted by AndyCowan on October 28th, 2008 :: Filed under A Day in the Life
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Never say never!

Last week I had a case set for trial, which my supervisor had explained was not going to go.  The client had defaulted (a default is a no-show, for the non-lawyers) on almost every prior court appearance, and the arresting officer as the only essential witness for the Commonwealth had a reputation of not showing up for court either.  In Lowell Second Session it’s easy to get defaulted, too.  The Clerk calls your name before the Judge even comes out.  If you don’t answer, you’re defaulted.  No excuses.  You’re not in the bathroom.  You’re not on your way.  You’re not stuck in traffic.  If you’re not there, a warrant will likely issue for your arrest.

I hadn’t met the client, becuase she never answered or returned our phone calls.  I was as prepared for trial as I could be without having met my client, which was not very.

So I just about shit myself when the client, the arresting officer, and the backup officer (who also never shows) all walked into court just minutes before the Clerk began to call the list.

The ending isn’t so exciting–we got a continuance without a finding, which means (roughly) that if the client doesn’t get in trouble for six months, the case is dismissed.  Still, it seemed like Tuesday lasted a week.  Thanks to the illustrious Joanne Daley of the Lowell Superior Court Unit for coaching me through my moment of terror.


Posted by AndyCowan on October 27th, 2008 :: Filed under A Day in the Life
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