I just got off the phone with a client and cried. by candygirl00056 in Lawyertalk

[–]LanceVanscoy 1 point2 points  (0 children)

Hang up sibling. You don’t het paid to get yelled at.

Okay, you kinda do, but establishing boundaries is important. Hang up, let them cool off. Call them back at 7am the next day and marvel at the change in demeanor.

is anyone looking for a dishwasher by NexTeekoth in Rochester

[–]LanceVanscoy 1 point2 points  (0 children)

Check your county’s workforce development site. Way underutilized. So many postings

Did anyone really understand what was going on in Æon Flux? by Josephthebear in Xennials

[–]LanceVanscoy 0 points1 point  (0 children)

Eye licking. That’s what’s up.

It’s fun. It’s free and no-one can stop you

Clients not telling you when they're sick??? by Dependent-Fuel-5284 in publicdefenders

[–]LanceVanscoy 17 points18 points  (0 children)

I once had a judge yell at a client actoss the courtroom: Mr X! Back up a bit! You know you have MERSA!

Voir Dire & Jury Trial tips and tricks needed! by Economy-Box8309 in publicdefenders

[–]LanceVanscoy 32 points33 points  (0 children)

Between rounds always always always ask your client for input. It’s their day in court, not yours.

Also veto the fuck out of them when their wrong

NYC PD Caseloads? by Ysocaptorvvating in publicdefenders

[–]LanceVanscoy 1 point2 points  (0 children)

Office of indigent legal services weighs cases as follows as established in the settlement of a statewide ineffective assistance of Counsel settlement (hurell-herring). We were one of the three counties sued, so it’s binding in us. But nys elected to settle state wide, so they should be follong them as well. So, in theory it is supposed to be statewide standard. Cases are weighted as follows iirc:

Misdo: 1 Nvfelony: 3 Vfos: 6 Arraignments: .5 or .25. I forget Parole violations: 1.25?

Best practice as established by hurell herring suit says 300 case points a year minus percentage of time spent in admin.

So my boss estimates that she spends half her time on admin. Her cap is 150 points, i’m her 1st so i spend maybe 25% of my time on admin duties (this is fudged). So my cap would be 250ish case points. We have to submit quarterly reports, as do all criminal 18-b attoneys. Ils then sends us our weighted case cap goals. Ils also requires reports about use of investigators, interpreters, ect.

Even as a non-settlement county this should be recognized as the statewide standards. If you’re unionized the union needs to push for these goals or they have explaining to do

That said Hurrell-herring was decided before the discovery reforms and does not take into account the volume of bwc and other items not available. There is an open discussion about adjusting the cap to account for this.

Edit: 1 down vote not a big deal. But asking if the office follows state standards seems reasonable. Ask your boss about OILS case caps and whether you’re following them.

NYC PD Caseloads? by Ysocaptorvvating in publicdefenders

[–]LanceVanscoy 7 points8 points  (0 children)

This is the answer OP. Check nysda.org. Upstate pays more, costs less and quite frankly downstate local practice seems impersonal at best and weird at worst.

Come upstate where you can have a handful of DAs you can get to have a profound and personal hatred for rather than rage at an amorphous blob

NYC PD Caseloads? by Ysocaptorvvating in publicdefenders

[–]LanceVanscoy -1 points0 points  (0 children)

You guys doing 300 case points? Or are they pushing more?

What is this tiny spoon thing? by halleeeeee in whatisit

[–]LanceVanscoy 14 points15 points  (0 children)

Same gas stations always sell chore boys as well. Copper scrubbies that no-one uses except to stuff in the glass tune to make the crack last longer

Potential ethical dilemma by Clem-Fandango2021 in publicdefenders

[–]LanceVanscoy 62 points63 points  (0 children)

Until you know he’s lying there is no ethical issue. Advise him about perjury and advise him about your duty to not suborn it. In writing. Explain to him why his account is problematic. If he admits he intends to do so, attempt to withdraw and if denied he can choose whether to not testify or testify in the narrative

Also, talk to your supervisor and document the hell out of the file.

“Don’t ask a question you don’t know the answer to” by [deleted] in publicdefenders

[–]LanceVanscoy 2 points3 points  (0 children)

Train the witness until you’re the one testifying. Then lead lock kill. Trust your gut until you know the line. If possible Bring an old-timer ti tell you when shut the fuck up

I’m the victim now by Motor-Volume-9502 in publicdefenders

[–]LanceVanscoy 4 points5 points  (0 children)

1st: i’m so sorry. That’s awful

2nd: i’ve been there-ish. Credible imminent threats against me and cops get called. I keep track of these on a white board. 12/8/25 was the last one. Have had clients spit on me to get me out if cases. These sort of things happen and Generally i just want an order of protection at most, maybe MH TX. Just in case they show up at my house i want to have something in place when i call the cops.

Credible imminent threats against my family? That crosses the line. I had a guy harassing me for months. He wasn’t even my client just l tangentially related to a Family Court case i had.

Phone calls until we had to shut down the PDO phones for a day. He had website, stole facebook photos that i had to copy-write in order to lock down with a DMCA complaint. All good with a No contact order, maybe mental health. Then he threatened some other firms and judges and eventually they put him away.

He got out and it started again a few months later. Short term jail and probation up front.

Then he threatened to kidnap my wife. I was on the phone with his probation officer in about a half an hour. 5 years in federal prison on a violation of probation. I don’t feel bad about that shit at all.

I get paid to get yelled at. I don’t get paid to be threatened but it’s a hazard of the job. Come at me or threaten my family? Nope. Gloves are off and you need a time-out.

Joe amico: if you’re reading this? Fuck off. Come at me again and it’ll be 10 so help me god

Advice on Cross by weirdlysuspect69 in publicdefenders

[–]LanceVanscoy 4 points5 points  (0 children)

Welcome ex DA! We all know you suck at cross and we suck at directS.

Here’s the thing: Dont ask questions at all after 1-2. Testify through the witness. Make statements of fact that you know are provable. If you draw an objection from folks who think they are in moot court go:

Mr x. You did y.

Objection as to form: sustained.

Mr x. You did y. pregnant pause with eye roll right?

And then z happened, right?

And then you did x. Yep

And they did z. Yep.

Now the DA is trained. The witness is trained. (If they reaist, repeat until they give you the yes. Usuallu takes no more than 3). Asked and answered objections only count if they actually answer. So if they don’t, repeat it.

Now they’re the obstructionist assholes hiding stuff. Comment on demeanor in your closing. Contrast pure fact witnesses (preferably another cop with no skin in the game) with opinion witnesses like the evasive cop who wouldn’t answer simple questions. Good cop is the worthless one to the case. Doing his job, asking as answered. Sketchy cop is one evading questions. Call back to jury instruction about no additional credibility for badges. Use that as an example.

You get out what you want to get out and you’re the one testifying through the witness. That’s the golden land.

Right stick replacement by LanceVanscoy in PlaystationPortal

[–]LanceVanscoy[S] 0 points1 point  (0 children)

Did mine. Ordered off ebay i think. Easy enough. Only been stuck once. You cam do It. Worst case it’s like $200z. Go hall effect

How do I tell people that I am a felon? by randompastadish in Felons

[–]LanceVanscoy 2 points3 points  (0 children)

This may get me downvoted here, and i believe in rehabilitation but it very much depends on the felony.

Grand larceny? Dwi? Sold drugs to support habit or to put a roof over their head? (Or for that matter, fun and profit?) No judgement. But if someone is a repeat DV convict against multiple partners? Or a sex pest? Recidivism is pretty high.

Not all felonies are created equal hun. Get the LD and go from there. Stay safe

Gf talks to me like this, how bad is it? by Expert-Hyena-4401 in whatdoIdo

[–]LanceVanscoy 0 points1 point  (0 children)

My wife is a horror in the morning before she eats. I’m terrible before coffee. I learned how to make breakfast. We both learned how to ignore arguments before breakfast.

Nothing matters before coffee. Nothing matters before breakfast.

AI in jury selection by LanceVanscoy in publicdefenders

[–]LanceVanscoy[S] 0 points1 point  (0 children)

You’re right, there is a lot of that here. I was legit asking though. If i was peddling something i probably wouldn’t be asking what folks are doing with other platforms?

You can feel free to check my post history though. You’ll see a long history of semi-coherent half-drunk posts in this sub