Tag Archives: trial attorney

A Trial Attorney’s Creed.

trial attorney's creedA Trial Attorney’s Creed!

When someone asks, “How can you defend drunk drivers?” I respond with this quote from Don Quioxte.  I think it is the perfect creed for a trial attorney.

“It is not the responsibility of knights errant to discover whether the afflicted, the enchained and the oppressed whom they encounter on the road are reduced to these circumstances and suffer this distress for their vices, or for their virtues: the knight’s sole responsibility is to succor them

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A Prosecutor’s Voir Dire Advantage: The Primacy & Recency Effect

A graph demonstrating the serial position effect

In Ohio, the prosecuting attorney in a DUI/OVI trial gets to make the first presentation in voir dire, has the first opportunity to do opening and closing, and also has a rebuttal that follows the Defendant’s closing argument.  Why is this a big advantage?

Psychologists tell us that there is the tendency for the first items presented in a series to be remembered better or more easily, or for them to be more influential than those presented later in the [Read the full post. . .]

The Trial Attorney Creed (from Don Quixote)

“It is not the responsibility of knights errant to discover whether the afflicted, the enchained and the oppressed whom they encounter on the road are reduced to these circumstances and suffer this distress for their vices, or for their virtues: the knight’s sole responsibility is to succour them as people in need, having eyes only for their sufferings, not for their misdeeds.” 
― Miguel de Cervantes Saavedra, Don Quixote

Arrested for DUI? You Are Innocent.

If you tell your friends that you were arrested for punching someone in the face, their overwhelming reaction will be, “Wow, what happened?”  If, however, you tell them that you were arrested for DUI, those same friends will say, “Oh, I’m so sorry.”  What is the difference?  When a person is facing a DUI charge, guilt is assumed.  How in the world did this happen?  How did our presumption of innocence, so valued in the American tradition of law, [Read the full post. . .]