How to Deal with Racial Bias in Court

From the disproportionate incarceration of African-American men to the implicit bias of lawyers, jurors, and judges, Jeff Adachi, Public Defender for the City and County of San Francisco, explains how racial disparities are rampant in our legal system. And then he explains how lawyers can deal with it in court. Continue reading

Should You Handle That Misdemeanor Case?

180883290You get a call from a family member, friend, or client who’s either been arrested or will be soon with a misdemeanor, such as a DUI. Maybe you’re new to practice or criminal law isn’t your usual area. Should you take on the case?  Follow these steps before deciding whether to jump in. Continue reading

A Victory for Personal Information Privacy

469048959In a stunning victory for Fourth Amendment rights and personal information privacy generally, the United States Supreme Court in Riley v California has held that police may not search an arrestee’s cell phone without a warrant. This unanimous decision suggests that both the liberal and the conservative wings of the Supreme Court agree that personal information on cell phones (and presumably other mobile devices) is protected under the Fourth Amendment. Continue reading

10 Questions for a Client Accused of Shoplifting

139701624When representing a client for shoplifting, don’t take the case lightly; it may seem minor, but it can have major implications. It’s important to get all the facts out during your client interview. Here’s a list of 10 questions to make sure you cover all the bases. Continue reading

Lineup Your Defense

93951195Your client is arrested and will appear in a lineup. Would you know what to bring and what to do at the lineup? Continue reading

18 Questions to Spot the Issues in a Criminal Case

organize_86525383It’s your first interview with a criminal defendant. Not sure where to start? We’ve got 18 questions to help you organize your thoughts and quickly spot the key issues in the case. Continue reading

Social Media Adds a New Twist to PreTrial Publicity Ethical Issues

Updated on 10/31/12: The ABA Journal reports that the judge refused to issue a gag order to bar comments and blogging by George Zimmerman’s defense lawyer, finding no “overriding pattern of prejudicial commentary” and that an impartial jury could still be seated.

In an admittedly unusual move, the defense team for George Zimmerman, the man charged with murdering Trayvon Martin, has launched a new website, Facebook, and Twitter account to “disput[e] misinformation,” “discourag[e] speculation,” and provide “a voice for Mr. Zimmerman.” The website also seeks donations for Zimmerman’s defense fund. Is this new route for defense counsel a risky maneuver? How would California’s legal ethics rules weigh in? Continue reading

Profile in Practice: Alexander H. Lubarsky

As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys.

This week, we profile Alex Lubarsky:

CEB: What is your practice area and how did you choose it?

Alex: My firm started as an immigration firm handling deportation defense because I had lived for a period of time in Northern Argentina and learned Spanish. We now offer criminal defense and debtor-side bankruptcy and have grown in the Asian and Russian communities due to attorneys and paralegals who are natives from those areas climbing aboard with us. I am a tech geek and have a concurrent career as an electronic discovery consultant.

CEB: What CEB book or program have you found most helpful in your practice and why?

Alex: California Criminal Law and Procedure – it has clarified what was a new and nebulous area of law. I study it before almost every appearance in the criminal courts. The forms manual companion has saved me (and my client) more than once. Continue reading

Profile in Practice: J. Tony Serra

As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys.

This week, we profile Tony Serra:

CEB: What is your practice area and how did you choose it?

Tony: I am a criminal jury trial specialist.  I chose such a specialty because for me it is the most effective way of preserving civil and constitutional rights. Continue reading

Profile in Practice: Mark Geragos

As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys.

This week, we profile attorney Mark Geragos:

CEB: What is your practice area and how did you choose it?

Mark: Trial work. I started doing criminal defense because that is what my father, my hero, did and I wanted to emulate him.

CEB: What do you like best and least about practicing law?

Mark: I love being in the courtroom, especially in jury trial.  I hate doing the administrative work of managing the offices.

CEB: What CEB book have you found most helpful in your practice?

Mark: CEB’s Criminal Law Procedure and Practice, its my Bible. Continue reading