2007 summer defender

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  • 8/11/2019 2007 Summer Defender

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    ,

    ,

    ,

    I

    SUMM R 2007

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    3

    6

    Winning Warriors

    The Fight

    Goes

    On

    by

    Patrick

    F

    McConn

    II .....

    Year-End Re

    port: H

    CLA

    Speaker

    s

    Bureau

    Pbl ic Relations

    Committee

    by Wendy

    M

    Miller

    10 .

    tr tegy: Strength In DeFense

    by

    oseph

    W

    Varela

    4

    Easy

    Ways

    To

    Acco un

    t For

    Your

    Ti

    me

    In Criminal Work

    by

    Patrick

    F

    McConn

    6

    nnual Ba nquet

    THE DEFENDE

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    HCCl @ ~ ~ ~ ~ ~ ~ ~

    2007 2008

    PRESIDENT

    Patrick

    f McCann

    PRESIDENT ElECT

    Ma rk Bennett

    VICE

    PRESIDENT

    JoAnne

    Mu

    sick

    SECRET RY

    Nicole

    DeBorde

    TREASURER

    Steven

    HHalpert

    P ST

    PRESIDENT

    Robert J fic

    kman

    BO RD OF

    DIRECTDRS:

    Thamos

    Berg

    Nea

    l

    Davis

    Christopher

    Downey

    Todd DuPant II

    Tyler flood

    Tucker Graves

    Mark

    Hachglaube

    Randoll

    Kallinen

    feral Merchant

    Marjorie Meyers

    Earl

    D Musick

    Joh

    nParras

    Robert A

    Scardino

    Charles StanPield

    Amonda Webb

    O

    Tate Williams

    P ST PRESIDENTS:

    1971-2006

    C

    Anthony friloux

    Stuart Kinard

    George

    luquette

    Morvin

    D

    Teogue

    DckDeGuerln

    W B H

    use,

    Jr.

    David R Bires

    Waody

    Densen

    Wll Groy

    Edwo

    rd A Mollett

    Corolyn Gorcio

    Jock

    B Zimmermann

    Clyde Williams

    Robert Pelton

    Cndelaria Elizanda

    Allen c

    Isbell

    David Mitcham

    Jm E

    Lav

    ine

    R

    ck

    Brass

    Mory

    f. Co

    nn

    Kent A

    SchoPPer

    Don Cogdell

    Jim

    Skelton

    George

    J Pornhom

    Gorlond

    D MC

    innis

    Robert

    A Moen

    lloyd Oliver

    Danny

    Ea

    sterling

    Wayne Hill

    Richord fronkoPP

    W Troy McKinney

    Cy

    nthio

    Henley

    Stonley

    G

    Sc h

    neider

    Wendell

    A

    Ddom,

    Jr.

    HCCLA

    Shawn

    a

    l Reagin

    Shawn

    a l

    Reagin Christina Appelt

    limb Design

    7026

    Old Katy

    Road, Ste.

    350

    Houston, Texas 77024

    713 529 1117

    ~ ~ @ I f ~ ~ EDITOR

    Now

    that

    the name of a former North Carolina District

    Attorney

    has

    become

    a verb meaning to

    be unjustly

    pr

    osecu ted ,

    often

    for

    the per

    sonal

    aggrandizement

    of the

    proseclltor

    , the world outsid

    the legal community has been alerted to

    the

    dan ge rs inh erent in unbridled prosecu torial discretion

    Just one

    day's reading of The Houston Chronicle raises questions abollt

    whether

    the Harris

    Count

    District Attorney's office

    is

    due for

    some

    reining in of that same discretion.

    On the front page

    of the Jun

    e 6 editio n was a

    report of

    a no-bill in

    the

    shooting death of a

    unarmed

    man that

    occurred

    on

    a M

    etro

    bus . A pr osecu

    tor

    was

    qu

    o

    ted

    as saying

    the

    accused

    originally was charged with

    murder

    because so m

    eone

    had been shot and authorities n

    eede

    d tim

    to inv

    es

    tigate.

    The

    investigati on apparently validated

    what

    scene witnesses revealed at

    the

    tim

    of th e shootin

    g:

    The man shot in self-defense.

    Un f

    or tunately,

    the

    shooter had to be arrested

    make bail

    and get

    a

    la

    wyer while this inves tigation took place. H ere's a novel

    co

    ncept : Why

    no

    investigate first, then file charges only

    if

    substantiated by

    the

    evidence>

    In

    th e same day's paper, a

    woman

    initially

    charged

    with

    murd er

    for allegedly killing he

    bedridden mothe r by

    unplugging

    her ventilator

    entered

    a plea of no

    contest

    to cr iminall

    negligen t homicide and was

    sentenced to

    five years'

    deferred adjudication. Although the

    facts

    a

    reported don't seem

    to

    constitute any form of homicid e,

    the

    more int eresting aspect of

    the

    articl

    is the reason the State disregarded

    her

    exp lanation

    of what happ

    ened : The

    woman's hu

    sba nd ha

    left

    her the

    same day th e ventilator came

    unplu gged,

    so because

    of the timing,

    she

    was charge

    with murder.

    Pretty

    slim evidence for a

    murd

    er charge .

    More recentl

    y

    a misdemeanor trespass to

    protest

    the illegal detention and mistr

    eat

    ment

    o

    immigrant children was hijacked into a felony charge

    of

    unlawful use of a criminal

    instrument.

    Th

    criminaJ instrument > A bicycle chain and lock.

    Prosecutors over-c harge because they

    can,

    and because they know that is the only wa)' they ca

    saJv

    age any conviction out

    of

    marginal cases

    that

    should never have led to criminal charges in th

    first place.

    In the

    case

    of the

    Pasadena bus driver

    who

    se acquittal is rep

    or t

    ed in Winning Warriors

    the prosecutor initially sought a murder indictment for an incid e

    nt

    investigated by

    th

    e police as

    tragic traffic accident. The

    pro

    secutor's

    reasoning,

    as

    reported

    by

    the

    media ,

    appeared

    to be tha

    any tim e a child

    is

    kill

    ed or injured, someo ne

    must

    be criminally responsible. This prosec utor als

    pLlblicly argued

    that

    manslaughter was not an appropriate charge; he

    then

    prosecuted

    that

    ver

    charge and filed a mo t

    ion

    in limine demanding that

    th e

    defen

    se not

    mention hi

    s about-face.

    After the verd ict, the prosecu

    tor

    was quoted in

    th

    e Chronicle as saying

    that

    he knew from th

    o

    utset that

    th e case

    would

    be difficult

    to

    win,

    [b]ut to honor [th

    e

    complainant] we

    had to tr

    to make sure he was he

    ld

    accountable for his action

    s.

    On this l

    og

    ic , we

    dr

    ag people through th

    criminal justice system, regardless of

    whether or

    not they have en gaged in criminal

    conduct,

    to

    ho n

    or the

    dead. And

    what

    arrogance to

    pr

    etend

    that

    an individual involved in such an acciden

    will not hold himself responsible a

    thou

    s

    and

    times over for the rest of hi s life.

    Around th

    e same tim e as the Pasadena

    bu

    s acc

    ident

    , a

    woman

    ran over and killed a

    young

    ch

    ild

    who

    ran into an intersection in northwest H ouston.

    No

    prosecutor appeared on TV to

    den

    o unc

    her

    behavior

    and accuse

    her

    of

    murd

    er. A few years ago, a friend's family member was

    run

    dow

    like an armadillo by a drunk driver as she walked home along a narrow street

    with

    no sidewaJks

    Despite

    the

    presence

    of

    an eyewitness,

    the

    driv

    er

    's license plate layin g in

    the

    road by

    her

    man gle

    body, a driver

    who

    fl ed the sce ne and the driver still being drunk when

    arrest

    ed ,

    the

    Harris

    Count

    D.A.'

    s office steadfast

    ly

    refused to even seek

    an indictment

    for intoxication

    manslaughter, optin

    instead

    to

    file separate

    misdemeanor

    DWl and state

    jaiJ

    felony FSGI charges ,

    to

    which the drive

    was allowed

    to

    plead to

    concurrent

    mis

    demeanor

    time.

    Try

    expJai ning

    to the

    se families why thei

    loved

    ones

    were not worthy

    of

    hon

    or.

    So

    h

    ow

    do es

    the

    office

    decid

    e

    who

    gets

    Nif

    o

    ng-ed

    and

    wh

    o doesn't> Unlike

    the

    Nor th

    Car

    olin

    case,

    the

    chosen

    one

    s in Harris

    County

    are more likely to be the

    poor and

    disenfranchised. Thes

    are the people

    who

    ca n least afford

    the

    costs of bail and a lawyer, and are of course

    the

    easiest

    to

    coerce

    into some

    kind of plea bargain. By forcing these

    bogu

    sly charged cases

    to

    trial ,

    we

    can rais

    local taxpayer awareness of the consequences of prosecLl torial indiscretion an d mu zz

    le

    our ow

    budding

    Nifongs.

    S

    hawna

    L. Rea

    gin, Editor

    171e Editats opinion is purely personal, and in

    no

    way reflects the viewpoint

    or

    position

    of

    the H arris

    CM

    tnt

    riminal Lawyers Assoc iati

    on

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    E F E N E R

    Gilbert

    Villareal won a Not Guilty on a burglary of a

    habitation with the intent to commit aggravated assault .

    In yet another instance of a trial court refusing

    to

    admit

    defensive character evidence, Rosa Eliades reversed the

    351

    st

    District

    Court

    in

    Melgar

    v t t

    e

    _ S.W 3 d _ ,

    2007

    WL

    852636

    (Tex.App . -

    Houston

    [1

    st

    Dist.]

    No

    .

    01-05-01049

    , delivered March

    22,

    2007) [designated

    for publication].

    Cynthia

    Rayfield

    and Annette Henry scored an

    acquittal for their client charged with indecency in the

    228[h District

    Court.

    l o r s ~

    The ury only took five minutes to hand Joe Wells

    a

    Not

    Guilty verdict on a

    DWI in CCCL

    8

    on

    March 26, 2007.

    At least part

    of

    the

    jury

    was so appalled

    y

    the

    State's expert' s claim that parents have

    no

    righ

    to bathe their own children

    that

    Jerald Crow

    got

    a mistrial on an aggravated sexual assault

    o

    a child trial

    in

    Montgomery County.

    Katherine Scardino

    and

    Danny Easterling

    again

    prevailed in obtaining a life

    pl

    ea for a client facing

    the

    death

    penalty,

    thr

    ee weeks before trial was

    scheduled to begin . The client was accused of beating

    up and strangling his 5-months-pregnant girlfriend and

    having sex with her corpse the next day; he gave two

    confessions.

    Katherine then teamed up with Jimmy Phi11ips on a

    death capital in Angleton , wh ere their stellar performance

    during

    guilt/innocence

    earned them a

    life

    offer before

    commencement of the

    punishment

    phase. Clien

    convicted of killing 3 people and

    wounding

    a tourth on

    orders of a Texas Syndicate

    gang

    leader.

    Proving that some

    hot

    streaks never cool, after working

    a capital in

    Montgomery

    County for nearly

    two

    years

    Ms. Scardino recently negotiated a plea

    to

    aggravated

    robbery

    for five years

    TDCJ

    -ID.

    A quick win was awarded

    to James

    Alston ,

    who

    got

    6 -1/ 2

    mioute Not

    Guilty

    on

    a criminal trespass.

    A no test, no accide

    nt DWI

    in

    CCCL 10

    brough

    Dennis

    Craigs a Not Guilty 0 0 April 12 , 2007.

    That same day, Doug Murphy added

    to

    the string o

    victories over former DWI task force officer Robinson

    when he heard

    Not

    Guilty in

    CCCL

    3.

    [How

    many

    ~

    THE EFEN E

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    MY

    cannot express

    enough

    thanks to

    Robb

    Ficlunan s

    out going Presjdent

    for ll his

    work and heJp this past year.

    Robb

    did an

    outstanding job,

    and I am grateful for

    FR E

    N

    D

    S

    ail the assistance and advjce he has given me.

    Looking to the future, I am fortunate to have a motivated and

    talented

    group of

    offlcers and an energetic

    board working

    with me.

    Together

    we

    will make this an exceptional year, and here

    is

    why:

    HCCLA will continue

    to

    be an aggressive and strong voice for our members and

    their clients.

    Whether

    standing

    up

    against abuses

    of

    power,

    or

    for an individual

    member, HCCLA will speak

    out

    against any attempts

    to

    limit

    our

    members in their

    role s

    counselor

    to deprive their clients of their civil liberties . No one who

    is

    a

    member of this

    organization

    will

    stand

    alone.

    Whether

    that voice

    of HCCLA is

    spoken qujetiy

    or shouted,

    it will be heard.

    As an organization, this year we must strive

    to

    expand

    our

    membership and

    increase our diversity. I will take the lead

    on

    that,

    but

    I will urge every member to

    recruit at least

    one

    new

    member,

    and

    to

    speak to

    our

    minority colleagues

    who

    are

    not

    members and encourage them

    to

    jojn.

    We

    must

    also

    strengthen and

    renew

    our reputation s the organization on the

    Texas Gulf

    Coast

    for great legal

    education

    and exciting professional CLE.

    Our

    officers and board members are especially qualified to help guide us back to this

    spot; they have run an outstanding series of CLE sessions for the past

    two

    years and

    this year will be even better.

    In

    order

    to

    sustain

    our organization s commitment

    to

    having

    a voice for

    our

    members

    and for the people we represent, we

    must shore up

    our

    ability

    to

    pay for

    the things that reach out

    to

    and speak for our supporters, fi'om broadcast programs

    to

    our

    magazine , he

    Defender

    This

    is

    a long term

    effort

    and will

    require

    help

    from

    ll

    the membership at large .

    Last, we have many

    new

    fights to take on in the

    public

    arena and the courts.

    From a colossal white elephant of a proposed new jail for Harris County, to the

    recent efforts to limit

    bond

    in

    our

    legislature, to the new efforts by courts to permit

    DWI

    suspects to have blood drawn against their will, to efforts

    to

    deny Hispanics

    the ability to qualify for community supervjsion unless they prove they are citizens,

    to

    the

    utter lack

    of

    serious funding for drug

    treatment

    and probation programs

    that might actually help solve some of the long term problems with jail and prison

    overcrowding, we have

    much to do.

    As

    your President

    I will speak

    out

    on

    these

    jssues, and your voice will be heard.

    LOOK

    FORWARD TO

    SERVING

    YOU

    ALL.

    Yours truly,

    PATRI K f. M[ ANN

    THE

    DEFENDE

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    YEAR-END PORT

    HCCL S

    BakBrS'BurBaU&

    PUBliC Rf ATIONS COMMITTH

    BY WENDY MILLER

    [ R BUR [AUrovides voluntee

    [

    attorneys

    willing to

    speak - free of charge -

    to

    schools,

    church groups,

    civic

    groups,

    and

    other organizations on

    many different

    topics relevant

    to

    criminal law

    and criminal defense

    (adult

    and juvenile). Recent speaker event

    include

    presentations

    to

    law

    students

    and

    clinics

    at

    local law schools

    to the general public at the People's Law School, to elementary-

    school

    campers

    at

    Camp C.O.O.L.

    (Children's

    Orientation On

    Law),

    and

    to teenagers

    participating

    in local Teen Court

    programs

    To

    volunteer as a speaker in the HCCLA

    Speakers'

    Bureau

    or

    to

    arrange a speaker, please send contact

    information

    and speaker topic

    to [email protected].

    Wh

    t has this committee done

    In the

    past year

    for

    HCCLA

    HCCLA

    Speakers'

    Bureau has the names of

    25

    HCCLA

    members ( particular speaker topic expertise) willing to

    speak

    at

    community events

    when requested.

    HCCLA speakers

    made

    over t.hree dozen presentations in

    the

    past

    year in

    the

    Houston community with audiences

    ranging from educating law students at the University o

    Houston

    Law

    Center -- to teens

    at

    the HAY Center aging ou

    of foster care -- to

    high

    school

    students

    participating in the

    Teen Civic

    Leadership

    Academy.

    DEFENDER 8

    mailto:[email protected]:[email protected]
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    HCCLAspeakersColinAmannandWendyMiller[center

    1

    withUH Law

    Center's

    CriminalDefen seLawStuden tsAssociationofficersRachelWall and

    Heather

    Kostc

    HCCLA membershavevolunteered in the pastyearto assist

    high school

    student

    attorneys and jury members in three

    differentTeenCourt programs

    in

    theGreaterHouston area.

    HCCLA has averaged sending at least two volunteersevery

    month

    to

    assistaTeen

    Court

    programsinceJune

    of

    2006.

    HCCLA

    members made presentations for four consecutive

    monthsatthe

    CLE

    lunchesbenefitingattorneysintheHarris

    CountyMunicipalJusticeBarAssociation (February

    through

    May

    2007

    .

    HCCLA

    members received adiscount

    on

    tickets

    to

    attenda

    pre-mixerreceptionandshowingof Harper Lee's"To Kill a

    Mockingbird" in April

    of 2007

    attheAlleyTh eatre.

    HCCLA

    Public Relations hosted a reception and private

    exhibit viewing at FotoFest in

    Houston

    in May

    of

    2007

    for the

    photo

    exhibit

    "Guantanamo.

    Pictures FromHome.

    Questionsof Justice."

    HCCLA

    PublicRelations is consistentlyworkingto increase

    HCCLA

    involvement in wortll\vhile volunteer projects -

    suchas thepresence

    of

    a"HCCLA Team"inApril

    of 2007 at

    the

    Houston

    HelpingElder

    Hands

    event (organized by the

    Houston

    YoungLawyersAssociation) . The eventcompleted

    "handyman" tasksfor25homes

    of

    seniorcitizensandhelped

    100

    residentsattheU.S.Veterans Home in

    Houston.

    THE

    EFEN ER

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    IT

    IS EASIER

    FORT

    HE

    DEFEN

    SIVE

    TH N FOR

    TH

    EOF

    FENS

    I

    VE TO MA

    K

    ATTA KS

    FROM

    SEVERAL QUARTERS,

    BE AUSE,

    S

    WEHAVE ALRE

    ADY S

    ID

    THE

    FO

    RM ER

    IS IN

    ABETTER

    SITUATION TO SURPRISE

    BY THE

    FOR

    E

    ND

    FO RM OF

    HIS ATTA KS.

    Clausewitz, On War 1832), VI,

    WE

    HOOSE

    OUR OWN

    GR

    O

    N

    D

    FO

    R

    THE TR

    IAL

    OF

    STRENGTH.

    WE RE HIDDEN

    ON

    F

    AMILI

    ARGROUND; HE

    IS EXPOSED

    ON

    GOUND

    TH

    T IS LESS

    FAMILIAR.

    WE C N LAY TRAPS ND

    PR

    EP RE

    SURPRISES BY COUNTER-ATTACK,

    WHEN HE

    IS

    MOST

    D NGEROUSLY EXPOSED. HENCE THE

    PARADOXICAL

    DOCTRINE

    TH T WHERE DEFENCE IS SOUND ND WElL DESIGNED THE

    ADVANTAGE OF SURPRISE

    IS

    AGAINST

    rHE ATTACK.

    Corbett, Some Principles of

    aritime

    Strategy

    1911), I, ii.

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    There

    is

    something counterintllltlve about a general

    theory of conflict which holds that the defense is

    inherently stronger than the attack. Corbett

    3

    had

    to

    call

    this observation paradoxical because it rings a

    sour note in vVestern ears . Indeed, one considering

    any competitive enterprise, be it warfare, litigation

    or

    football, would likely hold that The best de fense is a

    strong

    offense. 4

    While it

    is true that

    the attack

    er

    picks

    the

    time and

    place at which he will appear, once he has committed

    himself to that time and place,

    he

    has

    used

    up the

    advantage

    of

    surprise and

    is

    now fully exposed . Surprise

    and the ability to maneuver now shift

    to

    the defender,

    who

    may pick

    the

    time(s) and place(s) of his counter-

    strokes.

    LET S

    ILLUSTRATE THESE ABSTRACTIONS BY VISITING

    HISTORICAL

    EXAMPLE.

    Both

    Germany and

    Japan defended coasts against

    invasion.

    Over

    the objections of senior generals,

    Hitler

    demanded

    that all available resources be deployed at

    the beach. At Normandy the Allies

    met

    immediate

    resistance

    but

    penetrated

    the vaunted Atlantic Wall in

    one day.s

    Japanese commanders watched and learned. At Iwo

    Jima they abjured their signature strategy

    of

    heavy

    beach defense and b nz i charges in favor of

    a dug-in defense in the interior, where many

    elaborate traps

    and

    surprises were prepared.

    6

    The invasion eventually succeeded due to

    numerical superiority and lack of Japanese

    reinforcement?

    but

    it

    took

    five weeks and

    the cost was terrible .

    s

    Had the defenders

    started the battle with

    more

    soldiers, or been able to ca

    in reserves, the invasion

    might

    have failed .

    The

    Japanes

    exploited the inherent strength

    of

    the defensive whe

    the Germans did not.

    The defense lawyer is sometimes daunted by bein

    on

    the defensive.

    Our

    cultural bias predisposes

    to believe

    that

    the advantage lies with the prosecuto

    who

    selects what charge to file, what theory

    of

    gu

    to advance, what witnesses to call, and what exhibi

    to present

    i

    n

    what order). But

    the authorities quote

    above tell us that the defense lawyer has an advantag

    inherent

    in his defensive position.

    Corbett

    implies

    that

    information favors the defens

    Although discovery rights against the prosecutor are fe

    tl1ey

    do

    exist and should be exercised. Particularly in

    Texas state case, the information flow is asymmetrical

    Nor

    should

    other

    sources

    of

    discovery be neglecte

    Informal open file discovery allows for addition

    asymmetrical information gathering. Another sour

    is

    affidavits for search

    or

    arrest warrants; these shou

    always be obtained

    and

    scoured for information.

    When

    the

    trial starts, the prosecutor goes first. A

    early as the voir dire he may commit himself to a specif

    theory. The defense can listen

    to

    his questions an

    read how he will try his case. The

    prosecutor

    m

    compound his problem when he mal

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    attack.

    1

    Rather than becoming unnerved

    defensive, the defense lawyer s

    ho

    uld eXJ lO:lt

    strength. Consider taking Corbett s advice. Emulate th

    Japanese at Iwo lima,

    not

    the Germans at No

    rm

    andy.

    Defense may indeed be stronger than attack.

    S e, c.g., 11 .

    reciprocal discovery

    in

    Fcclafdiliil

    39.14(b) s the exception,

    experts.

    HI

    H urd

    v.

    State

    , 725 S

    .W.

    d

    2

    49

    To

    v. State, 95 S.W.3d 488 (Tex. App.-HoUlton [1st

    rcf d)(denial

    of

    such cross is constitutional crror).

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    I

    E F E N E f l

    PATRICK

    F. MCCANN

    I

    I

    I

    Ikn

    ow

    ,

    you didn

    'tbec ome a

    crilllinallawyer to

    track

    time. In

    fact it

    may be that

    you hate tracking yo

    ur

    time and

    love

    the

    ea

    sie

    r

    method

    of

    charging

    in

    crirninallaw; i.e.

    up front anda

    se tprice

    on

    the barrel-head.

    Yet increasingly for appointments

    in

    the state

    county

    I

    and even federal district courts one

    is

    forced to provide an

    accounting in

    order

    to

    get paid promptly

    and properly.

    So

    in or

    der

    to

    avoid

    cheating yourself on

    the

    time you really

    do

    schedule and

    commit

    to your

    clients

    each week

    here are some

    I sm ple tips both low-tech and middle-tech to help you get

    pa id. If you use a

    day planner

    religiously or a

    Blackberry/Palm

    type device

    you

    probably do not need this

    advice

    but if you

    can use one

    of these

    tips to track your

    time and thus your

    mone

    y

    then

    it

    will be

    worthwhile.

    1

    U,e block,

    of

    time in

    you t

    d,y pl

    nno

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    3 U,e youe eell phone. OK, ,imo emy one ofm h

    one. Almost every model also has a voice record function.

    Whenever you

    do

    something for a client, hit the record

    button

    or

    selection

    on

    the

    phone, say

    the client's name , the

    court,

    the activity, and the time spent with the date. Example:

    "Smith, 333

    rd

    District Court, May 5

    th

    , suppression hearing,

    three hours." You can

    do

    the same with texting, by the

    way

    Give the

    phone

    to your assistant

    or

    your kind spouse, the

    neighborhood kid who does your taxes, whomever, at the end

    of each week, and have them

    do

    the tally. Presto You have

    accollnted for your time.

    Repeat the

    above for your own message service, voice mail,

    or

    secretary,

    as

    soon

    as

    you have visited a jailed client, finished a morning

    of

    appointments,

    or

    completed a plea

    or

    hearing

    or

    a day of trial.

    You

    will have an easy-to-use record of your time .

    This

    is

    very handy when you are o

    ut

    of

    town

    on

    trial

    or

    some

    other

    event and

    cannot get

    back

    to

    your office.

    I

    8 Bill

    your tm l

    time.

    We 11 [Nget

    ,bou, 'hi,

    Wh

    you drive from Brazoria

    to

    the Harris

    County

    jail, or vice ver

    you will

    run

    up bet\veen a half and one

    hour

    of travel time ea

    way

    Just

    counting

    this could add up to fifty

    or

    more hou

    billed per year. Even at county rates, that is still a nice pie

    of change, say a week-long cruise for you and your spouse

    significant other. Use

    one

    of the

    methods

    discussed above

    do

    this,

    but

    do

    it .

    9

    Use your phone bill.

    \iVhen paying your bills ea

    month,

    and looking over your phone charges, why

    not

    ma

    it a party where YOU

    get

    paid? Looking at your pho

    bill

    , eliminate

    aU

    charges

    to

    your house, parents, girlfrien

    boyfriends, bookies, substance-abuse counselors, etc.

    T

    remainder will normally be client and

    other

    attorney calls, w

    the time spent

    on

    them handily annotated next

    to

    the numb

    If

    you

    cannot

    remember

    who

    the

    number

    belongs to,

    call

    and figure

    out if

    you can bill for it. Write

    down

    the times a

    hours and voila your

    phone

    bill will have just paid for

    i t s l f

    5 Ifyou have email, at the

    end of the

    day, ,hoot you ,if

    or

    your

    assistant a

    quick accounting of your

    activities.

    t

    does not have to be long, just a quick

    note

    as

    to

    the hours

    you spent on whatever you did, and you can create a folder

    in

    almost every system (Outlook, Web mail, etc.) to store these

    emailsin.This

    creates an easily accessible, easily forwarded

    or

    printable record.

    6

    Use the Oudook calendar and journal functions

    in

    Microsoft Office. Both of these come bundled with almost

    every Office package, home,

    student,

    business, whatever. You

    do not have

    to

    buy any new programs, and their use is easy and

    intuitive .

    The

    journal function can actually serve

    as

    a printable

    of

    your time, while the calendar's function

    s

    essentially

    that

    of

    an automated day planner; hence, block time entries can work

    here

    as

    well.

    7

    HandheJd,jPDru/new

    multi-function

    cell phones

    -

    all

    of these have calendar functions

    and memo

    functions.

    If you have one, and have not mastered those functions, do

    so, and use it

    to

    record the time you spend immediately after

    completing the action .

    At

    the end of the week, hand it

    to

    the

    person who does your tallies. If

    YOLl

    do

    not

    have a twelve-year

    old

    in

    your office who works for bubblegum, and

    that

    person

    who does your tally

    is

    you, then schedule a Friday cup of coffee

    with yourself, and

    do

    the recording before

    YOLl

    head home.

    1 0 ill foe the time you 'pend

    doing

    the ,illy thin

    that

    get your

    case to a

    resolution.

    Take a sip of coffee

    or

    [

    Scotch,

    depending how

    your

    morning

    is starting] and thi

    back over how much time you spend during an average we

    doing

    the following : Going

    to

    the printers

    to get documen

    bound

    and copied,

    going to

    the Clerk's office and getti

    copies

    of

    the State's sllbpoenas, the vast criminal histories

    their witnesses, talking over coffee

    [or

    Scotch, it

    all

    depend

    to other attorneys about your case, chatting with investigato

    fielding calls from the same concerned relatives who wou

    not cough

    up a dime for your client's bail, etc. Now, take

    second sip, and say aloud how often you bill for that. Tha

    what I

    thought.

    Maybe

    not on

    every case,

    but on one

    whe

    you worked especially hard, why

    not

    quit cheating yourself a

    actually

    put in

    for

    that

    time?

    series

    of

    memos

    to

    the

    file as

    well

    as

    a

    good

    diary-like capture

    If

    these

    tip

    are

    usefu

    great.

    If no

    bill the Sta

    for the tim

    and good luc

    THE DEFEN

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    Mike Ramsey

    Lifetime Achievement Awa

    o

    E ~ E E D S E ~ P E T R T

    on

    HCCLA's annual banquet was held May 10, 2007, at

    the

    downtown Hyatt

    Regency.

    Over

    350

    tickets were

    sold and many who could

    not

    be

    accommodated

    for

    the seated dinner joined the cocktail crush immediately

    preceding. Faces

    in

    the crowd were a veritable

    who's

    Navy

    Lt

    . Cmdr. Charles Swift

    gives the Keynote Address

    who of the legal community, s the venerated objects

    turned

    out to honor

    the ultra-venerated Mike Ramsey

    recipient

    of the Lifetime

    Achievement

    Award and

    George Mac Secrest chosen Attorney of the Year.

    The banquet was outgoing President Robb Fickman's

    GRACE accepts the Torch of Liberty Award

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    George Tyson

    and

    Kent Schaffer entertained the

    group with various anecdotes from the life and times of

    Mr. Ramsey many of which served

    to

    remind those of a

    certain age that, while it sometimes seems as though the

    good

    old days are long gone the Old Guard marches on,

    bringing excitement and color to a world

    that

    desperately

    needs both .

    Keynote speaker Navy Lt.

    Cmdr.

    Charles Swift

    the military lawyer who successfully challenged the

    government s

    plan

    to

    deny fair trials for

    Guantanamo

    detainees shared stories of his incredible victory and its

    aftermath. His remarks

    weL

    an inspirational coda to an

    evening devoted

    to

    the celebration of due process and

    those lawyers who spend their lives in pursuit of justice.

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    President Pat McCann presents

    the

    Unsung

    Hero

    Award

    to

    Vivian King

    Member

    of

    the

    ear

    JoAnne Musick

    is thanked

    by

    Pat &

    Robb

    BANNED

    IN

    BOSTON!

    CITY

    COUNCIL'S

    WORST NIGHTMARE!

    DENOUNCED FROM PULPITS

    COAST

    TO COA

    Is t eep Throat

    Tropic

    oP Cancer

    Hust

    NO irS

    EVEN

    BmER:

    REASONABLE DOUBT

    WITH

    TODD DUPONT

    TUNE

    IN

    TO

    THE

    CABlE ACCESS CHANNEl

    THAT

    HOUSTON'S

    GUARDIANS

    OF

    PUBliC

    DECENC

    TOTAllY

    A-TWITTER TO

    SEE

    TODD)

    HIS CO-HOSTS

    HIS GUESTS SPIN CRIMIN l JUSTICE CONTROVE

    BE INFORMED

    AND

    ENTERTAINED.

    CATCH IT

    WHILE

    YOU CAN

    THURSDAYS

    AT 8:00 P.M.

    CABLE ACCESS CHANNEL

    17

    SPONSORED BY HCCLA

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    BECOMING

    MEMBER?

    HCCl

    Promotes a

    productive

    exchange of ideas and

    encourages

    better communication with prosecutors

    and

    the

    judici ry.

    Provides continuing legal education programs for improving

    advocacy

    skills

    and

    knowledge.

    Promotesa

    ust

    application of the

    court-appointed lawyer

    system for

    indigent

    persons charged with

    criminal

    offenses.

    Rles amicus

    curiae briefs

    in

    support of freedom and

    human rights.

    APPLICATION

    Applicant:

    Mailingaddress:

    Telephone:

    Fax:

    Email:

    Wehsite:

    FirmName:

    Dateadmittedto bar :

    Law

    school:

    Prol'cssionalorganizations

    in

    whichyo uarc amember

    in

    good sranding

    m of

    membership:

    o Student($25annual

    tee

    Expectedgraduationdate: _

    o Newlylicensed(firstyear)attorney($75)

    o

    Regularmembership($150)

    Date:

    Signatureof applicant:

    Endorsement:

    I,amemberin goodstandingofHCCLA believethisapplica

    to

    bea person

    of

    professional competency, integrity and go

    moralcharacter.Theapplicant

    is

    activelyengaged in thedefen

    of criminalcases.

    Signamre

    of

    member:

    Membername:

    MAIL THIS APPLICATION TO:

    HeCLA

    P.O. Box924523 Houston,Texas77292-4523

    713.227.2404

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