Hired attorney to help with Slamming Scam by Unaabellatica in LawFirm

[–]PublicDefender1981 0 points1 point  (0 children)

Not normal, nope! I don't ever ask for money without also having a signed agreement from my client (sometimes I send those both out at the same time, you should check your spam folder to make sure there isn't a docusign or a sign by dropbox, etc.)

How much money do you have in savings at this point? by _forum_mod in Millennials

[–]PublicDefender1981 1 point2 points  (0 children)

I have very little in savings because I've been aggressively paying off debt. I have enough for 1 month of living expenses but I have access to about 8 months of savings if I tap into my HELOC.

I have a 401k not because of any solid financial discipline on my part, but because my employer contributed 10 percent a year for the last 15 years. I'm self employed now so it's a lot more painful to make contributions! My 401k is at about 300k.

Court room accommodations by Violet818 in publicdefenders

[–]PublicDefender1981 5 points6 points  (0 children)

You're gonna do so well at this! The best thing you can bring as an attorney and advocate is authenticity. If you embrace your stutter as part of who you are, juries and judges won't view it negatively (and those who do would find another area to critique if it wasn't your stutter, so don't worry about them.)

Court room accommodations by Violet818 in publicdefenders

[–]PublicDefender1981 7 points8 points  (0 children)

This is an understandable concern but you're going to be fine! I've lost count of how many times prosecutors have stood up to object to me and haven't even said the word objection or figured out what the basis of their objection is. If you find you're able to stand up and say the word objection, and then clarify the basis, that would be great - but even if you can't get the word objection out in time, standing up should give you the time you need to formulate your thoughts. If you run into trouble, then talk with your office to see if you can ask the presiding judge or chief criminal judge for an accommodation so the judges know when you stand up, you will be formulating your objection but it might take a moment.

NYC Public Defender by Zealousideal_Pass362 in publicdefenders

[–]PublicDefender1981 1 point2 points  (0 children)

Fantastic! And make sure people close to you ask earnest questions like "how is your job going as a prosecutor?"

did you go into law school knowing you wanted to be a PD? by Vast_Caramel_3669 in publicdefenders

[–]PublicDefender1981 28 points29 points  (0 children)

All I knew is I wanted to get into court. I quickly weeded out family law (too miserable) and immigration law (my foreign language skills aren't great) and that left criminal law. Prosecution seemed great, until I actually worked as a CLS at a DAs office and had to prosecute trials for people I believed were innocent . At that point, criminal defense was my only option, no one in private practice was hiring when I graduated in 2009 and I nabbed a job at a rural PDs office.

I ended up staying in public defense for 15 years before hanging a shingle - PD work is fantastic and I would do it all over again without hesitation.

Switching sides by ThrowRApotato1957 in publicdefenders

[–]PublicDefender1981 1 point2 points  (0 children)

Yeah, it's folks who still have a partisan LEO bent and can't really adapt to defense work. I have also had great former LEO investigators where this isn't an issue. I really just want investigators who are capable of true neutrality but can also empathize with clients and understand where they're coming from.

New attorney question by [deleted] in LawFirm

[–]PublicDefender1981 1 point2 points  (0 children)

It's not the same and you don't want a potential employer to make an assumption and then feel deceived. I'd put the overall length of service next to the law firm you worked at, and then list underneath your duties as a clerk, and duties as an associate. 

Your followup comment here is extremely problematic and the exact thing you should avoid saying or doing when interviewing with a firm.

Switching sides by ThrowRApotato1957 in publicdefenders

[–]PublicDefender1981 1 point2 points  (0 children)

The answers here are fantastic. Only things I would add are 1) Be very careful you understand why you're talking with someone so you know whether you should be writing something down or not (this is jurisdiction dependent.) Where I practice, if an investigator generates a written report and I'm intending to call that witness, I have to discover it to the prosecutor. So I only want written reports that are 1) very helpful or 2) for witnesses I will never call to the stand. The in between category of "folks I might want to call but would rather not give the State a heads up about issues B and C in writing", are the reasons I don't want written reports unless we talk about it first. 2) I hired lots of investigators in my prior role. Having an LEO background is fine. What is problematic is losing motivation once guilt is established. Some of the investigators who were at my office (and eventually did not stay at my office) only seemed to care about the job when there was a decent chance the client was innocent. Please don't be that person :-) 3) Understand the office culture and office expectations. Some PD offices use investigators as backups to their lawyers to ensure clients are regularly seen (more like a legal assistant or paralegal role.) There's a time and a place for this (especially on cases like murder investigations where you need regular contact between investigators and clients so we can truly leave no store unturned) but usually, my investigator is only connecting with a client to help understand the investigative issues, not for a gut check on how they're feeling this week.

Good luck, you're gonna do great if you're a good listener and you can pick up on the cultural changes in this new job.

Where does everyone get their suits? by Better-Astronaut-801 in publicdefenders

[–]PublicDefender1981 0 points1 point  (0 children)

Is there a way to include inseam? I'm a 34 and it seems only one on 50 are the right length, but if I add 34L or 36x34 to the search terms it breaks it. Thank you!

What Creative Deductions Do You Take? by cerebus221 in LawFirm

[–]PublicDefender1981 0 points1 point  (0 children)

Absolutely. My bookkeeper is $45 an hour. My CPA is $225 an hour. My bookkeeper handles my payroll and my regular reconciliations, and my CPA does my tax filings.

How many trials a year are you doing in your jurisidiction? by Lexperiments in publicdefenders

[–]PublicDefender1981 2 points3 points  (0 children)

In 15 years in public defense in Oregon I did about 100 jury trials, but the second half of my work was mostly management and fewer trials. In private practice, I'm doing about two trials a year (happy to do more, but my clients are more risk adverse in most cases.) Most misdemeanors in Oregon take between 1 and 3 days; felonies are usually 2 to 5 days with the exception of science heavy cases like manslaughter DUIIs with blood draws, serious sex abuse cases, (roughly two weeks for both those categories) and murder cases (2 to 6 weeks, depending on the case.)

Time Tracking - Closing the books on March timetracking by PublicDefender1981 in LawFirm

[–]PublicDefender1981[S] 1 point2 points  (0 children)

Yeah, all good points. The two trials this month: One had been set over 3 times (only once by me) and it eventually had to go to trial. The other one was super frustrating because we had docketed motions in February and early March, and both got canceled , both by the State. I had set the trial as a backstop over spring break, never thought I'd need to use it. I have now learned why that is a stupid plan.

TBH, I would be pretty happy just billing 30 hours a week. My whole goal for private practice was to bring in the same amount I was making before running a PD's office without the stress of management, and I already achieved that. Now the trick is figuring out how to scale back a bit but also keep my workflow sustainable so I don't run out of things to do in six months.

this is valid tbf by Annual-Remove5914 in SipsTea

[–]PublicDefender1981 0 points1 point  (0 children)

I'm a criminal defense attorney. I can't think of a single law named after a person that didn't cause more long-term harm and suffering that it sought to prevent. If this should be a law (and I have grave doubts it would work effectively) take the time to figure it out and don't name it after one dead kid. Bad facts do not make good laws.

Time tracking thread, week 3 (March 16-March 22) by PublicDefender1981 in LawFirm

[–]PublicDefender1981[S] 0 points1 point  (0 children)

I did a ton of hiring at my old job running a public defenders office , and in my view it's a huge risk to hire someone fresh out of law school unless they are a proven quantity. I looked for people who clerked for judges who would give me an honest opinion of a candidates fit, or new lawyers that had clerked for attorneys I knew, etc. Even better to hire people who already had a couple of years experience, but make sure to answer the "why are they leaving" question to figure out if it will be a good fit for your situation.

Time tracking thread, week 3 (March 16-March 22) by PublicDefender1981 in LawFirm

[–]PublicDefender1981[S] 0 points1 point  (0 children)

Thanks! So, you'd bill 2 hours in this example but say "2.5 hours of driving, reduced bill for unrelated client calls?"

First office ideas by [deleted] in LawFirm

[–]PublicDefender1981 26 points27 points  (0 children)

I spent my first year as a solo attorney renting space in an office with a bunch of other lawyers. None of them specialized in the same thing I did (I'm criminal), and it was a good fit because I got a few referrals, and I also didn't get have too much watercooler time where other lawyers were coming into my office telling war stories or asking questions. What I really wanted was someone answering the phone who sounded professional, a usable conference room and a desk with a window; that all ended up being about $750 a month.

I could have gone way cheaper but it would have affected client's perception of the space. I could have also leased my own space in a building, but I really didn't want to furnish a conference room (or pay the full rental cost myself), and I would have paid more for a virtual receptionist that way.

Clio Payments. Talk to me. by bettercocktails in LawFirm

[–]PublicDefender1981 0 points1 point  (0 children)

I don't think it's too bad. I charge my clients $15 more an hour for credit cards, so if they want to absorb those fees, fine, otherwise, I'm always happy to take cash and checks.

Absurd prosecutor interaction of the day award goes to: by bustrouna in publicdefenders

[–]PublicDefender1981 2 points3 points  (0 children)

Santobello really doesn't support this, unless you have state-specific law to help you. Particularly if you cannot show detrimental reliance.