tag:blogger.com,1999:blog-7566778230970156239.post8614715376534103933..comments2024-03-09T19:08:04.758-06:00Comments on Life at the Harris County Criminal Justice Center: Please Vote No on the Texas State Bar ReferendumMurray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.comBlogger31125tag:blogger.com,1999:blog-7566778230970156239.post-75782020836717382532011-02-18T14:52:04.724-06:002011-02-18T14:52:04.724-06:00Down in flames baby!Down in flames baby!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-74113575405387545582011-02-04T08:15:00.717-06:002011-02-04T08:15:00.717-06:00Murray,
No one needs to send anything just look a...Murray, <br />No one needs to send anything just look at the new Flow Chart for the Office.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-60615669622513626192011-01-26T09:07:41.379-06:002011-01-26T09:07:41.379-06:00Anon 12:59,
The 2011 State Bar of Texas Referendu...Anon 12:59,<br /><br />The 2011 State Bar of Texas Referendum Part A proposes changing the prohibited flat fee standard from "unconscionable" to "clearly excessive".<br /><br />A new standard for new economic times......the trend to curb abusive elitism is refreshing and should apply to attorneys as well as politicians and CEOs. <br /><br />How the new standard will be interpreted and by whom gives lawyers on the ethical edge trepidation........as it should.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-43258519990813369472011-01-26T08:34:42.326-06:002011-01-26T08:34:42.326-06:00Well, I don't dispute being a lazy bastard, bu...Well, I don't dispute being a lazy bastard, but I haven't heard about there being new moves. If somebody sends me something, I'll weigh in.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-33297118735546892812011-01-26T08:26:55.875-06:002011-01-26T08:26:55.875-06:00No post about the latest moves in the DA's off...No post about the latest moves in the DA's office?<br /><br />Lazy bastard.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-27839036691553487232011-01-25T12:59:51.389-06:002011-01-25T12:59:51.389-06:00Am I missing something, or doesnt the Rules of Eth...Am I missing something, or doesnt the Rules of Ethics already outlaw Flat Fees.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-70963792679604627472011-01-25T07:47:04.332-06:002011-01-25T07:47:04.332-06:00Anon 6:19,
Equity isn't for everyone and neit...Anon 6:19,<br /><br />Equity isn't for everyone and neither is rape.....we'll be just fine treating people with fairness and respect, regardless which side of the Bar we're on.<br />Judgment day will come for all of us.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-11222757420407566922011-01-24T18:19:09.719-06:002011-01-24T18:19:09.719-06:00The county lawyer employees who think they are se...The county lawyer employees who think they are secure in their jobs are in for a shock when they are terminated. Then they be interested in bar rules when they have to live with them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-30229070814526609052011-01-24T11:26:10.170-06:002011-01-24T11:26:10.170-06:00Anon 4:58,
Just because the mean spirited G-men a...Anon 4:58,<br /><br />Just because the mean spirited G-men and women you reference don't drink your Kool Ade doesn't mean your fee scedule is remotely fair. <br />The crooks are simply getting a 2 fer--we prosecute them for their bad behavior and you rob them for it.<br />So who is really more contemptuous?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-87522778917429343622011-01-21T16:58:02.396-06:002011-01-21T16:58:02.396-06:00I'm amazed at how empathic many government emp...I'm amazed at how empathic many government employees are when it comes to whether or not our clients are being ripped of by flat fees. <br /><br />How come y'all aren't so caring in morning docket?<br /><br />In reality, the argument is fueled by contempt for the defense bar...nothing new there.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-89927936239423866912011-01-21T11:33:42.182-06:002011-01-21T11:33:42.182-06:00We heard budget cuts will result in some prosecuto...We heard budget cuts will result in some prosecutors and investigators being terminated. Is this true? Who is going to send bad guys away?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-67974514460889379042011-01-21T07:49:27.066-06:002011-01-21T07:49:27.066-06:00Criminal defense attorneys have a proclivity to ar...Criminal defense attorneys have a proclivity to argue the incredulous--"if it don't fit you must acquit" and now "flat fees save our clients money".<br /><br />If Al "Global Warming" Gore wouldn't have flunked out of law school, I have no doubt he'd have been a criminal defense attorney.....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-42482574551510802342011-01-20T13:49:18.574-06:002011-01-20T13:49:18.574-06:00Anonymous 9:12 said...
"I think lawyers who d...Anonymous 9:12 said...<br />"I think lawyers who don't have the experience of actually billing for their work don't really understand how it all works in practice."<br /><br />Many people, including criminal defense lawyers, fear change. Maybe some new billing software will ease the transition. <br /><br />"I think flat fees actually save clients money and it gives them an opportunity to know how much something is going to cost from the get go."<br /><br />Is your goal really to save your clients money? If so, agree never to charge them more than the flatfee and reimburse that portion that was not actually earned. Seems simple enough. But we all know you don't want to refund a damn thing so don't insult anyone with the implication of wanting to save your clients money.<br /><br />The bottom line is that the flat fee is more than fair to cover all reasonably anticipated expenses or it would be higher and if the case can be plead out without going to trial the return is even better. <br />To argue otherwise ignores sound business practices under the current system....all I'm suggesting is that pigs get fat and hogs get slaughtered.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-165063197297397432011-01-20T09:12:02.369-06:002011-01-20T09:12:02.369-06:00I think lawyers who don't have the experience ...I think lawyers who don't have the experience of actually billing for their work don't really understand how it all works in practice. <br /><br />I think flat fees actually save clients money and it gives them an opportunity to know how much something is going to cost from the get go.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-84597507104436149152011-01-20T08:45:37.305-06:002011-01-20T08:45:37.305-06:00Anon 2:11,
10:57's point is simple: "Mon...Anon 2:11,<br /><br />10:57's point is simple: "Money talks and bullshit walks."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-25731482907411870242011-01-19T14:11:53.500-06:002011-01-19T14:11:53.500-06:00Anon 10:57,
David Skillings, Jr. (obviously a cli...Anon 10:57,<br /><br />David Skillings, Jr. (obviously a client out of your league) might disagree, but I digress---so what exactly was your point?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-41293250868418602032011-01-19T11:53:53.561-06:002011-01-19T11:53:53.561-06:00Anon 10:57's synaptic mis-firings are self evi...Anon 10:57's synaptic mis-firings are self evident and demonstrate the truth in, "you can't fix stupid".Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-71874208725822678532011-01-19T10:57:41.635-06:002011-01-19T10:57:41.635-06:00No criminal defendant ever paid a legal bill after...No criminal defendant ever paid a legal bill after being found guilty and sent to jail. Thus, family law cases and civil cases are far different from criminal defense cases.<br /><br />/s/ glad to be a salaried prosecutorAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-69218298408915745592011-01-19T07:57:06.488-06:002011-01-19T07:57:06.488-06:00Anon 6:47,
Are you really saying that under the ...Anon 6:47,<br /> <br />Are you really saying that under the current system when a criminal defense attorney charges a flat fee and the expenses exceed that flat fee the attorney is not working for "free", but that under the proposed new system that same attorney would have to charge a much higher retainer fee because otherwise the attorney would be working for "free" when expenses exceeded the retainer fee?<br /><br />And all this time I thought that criminal defense attorneys were out to protect the disadvantaged from the mean oppressive "win at all costs" government.<br /><br />Greed is a much more powerful adversary than any prosecutor it seems.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-336043439191970692011-01-18T18:47:49.621-06:002011-01-18T18:47:49.621-06:00In a family law case, when the client is out of mo...In a family law case, when the client is out of money, the judge will allow the attorney to withdraw from the representation. In a criminal law case, the judge will say "should have gotten a larger retainer, call your first witness." This will cause the defense attorneys to charge larger retainers so that the money will last for the entire case. Otherwise, the attorney will be working for free when the money runs out.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-59581329283361230932011-01-18T16:26:56.853-06:002011-01-18T16:26:56.853-06:00Murray,
I never stated that criminal defense atto...Murray,<br /><br />I never stated that criminal defense attorneys should work for free just that they should charge a fair price commensurate with the amount of services provided. <br /><br />When an individual is most vulnerable and suffering his desperation can be capitalized on or treated fairly with dignity and respect--it's your call.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-62138902684972874742011-01-18T15:56:17.217-06:002011-01-18T15:56:17.217-06:00Anon 3:19 p.m.,
I love you too, whoever you are. ...Anon 3:19 p.m.,<br /><br />I love you too, whoever you are. <br /><br />Yes, I understand that it is workable, but so is the current situation. I like being being able to not have to worry about chasing down clients for fees as part of my representation. Family law clients and criminal law clients do have many similarities, but there are some differences, too.<br /><br />Anon 3:35 p.m.,<br /><br />That's pretty pious thinking. I suppose if all prosecutors really cared about the job they were doing, they would work for free, right? Are you trying to shame defense attorneys into doing everything pro bono?<br /><br />Under this principle, I'm certain you will turn down the next raise that you are offered.<br /><br />The job of a defense attorney is still a job and a business. I threw out the number of $250 an hour, but the reality is that there are many more who charge much more than that per hour. Put yourself in the shoes of a client with moderate to low income and ask yourself what you would want.<br /><br />The reality is that a rule like this is going to work very well for those who charge $50 or $100 making appearances for clients.<br /><br />I'm not naming any names, but we know who they are and we know the "quality" of representation they provide.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-29358538677115872522011-01-18T15:35:44.593-06:002011-01-18T15:35:44.593-06:00If criminal defense attorneys were sincerely worri...If criminal defense attorneys were sincerely worried about their client's incurred costs then they wouldn't charge them so much fucking money. It's pretty damn simple, all the bullshit aside.<br /><br />One's definition of greed depends on who is paying and who is receiving.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-77164646204717527102011-01-18T15:19:10.058-06:002011-01-18T15:19:10.058-06:00Murray #1:
I love you like a brother man but famil...Murray #1:<br />I love you like a brother man but family lawyers do fine with the model you present. <br />When the client knows he/she is being billed for silly bullshit as well as important stuff the client will either stop the silly bullshit or pay for the privilege.<br /><br />Murray#2:<br />If the fee is reasonable and the client has a legitimate question the conversation will occur. Superfluous bullshit will be at a minimum as it should be.<br /><br />Bottom line: if a criminal defense attorney's fees are in line with the work product the value of services will prevail in equitable fashion for all parties. <br />A client will evaluate not only the billable hourly rate but also the attorney's efficiency and results before signing on--as clients become more educated with the system,the market will adjust an individual attorney's billable rate accordingly. <br />Holding a client hostage out of fear and essentially forcing him to go into extraordinary financial hardship for a plea deal is outrageous unless you are the one collecting the fee.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-4806863095261611902011-01-18T14:50:35.885-06:002011-01-18T14:50:35.885-06:00And let's talk about another side effect that ...And let's talk about another side effect that the Bar hasn't considered. <br /><br />Let's say that the client knows I'm billing by the hour, but he has a couple of questions he wants to ask me. He decides that he doesn't want to ask me those questions because I'll be charging him when he calls. So, he decides that rather than EFFECTIVELY COMMUNICATING WITH HIS ATTORNEY, he won't make that call.<br /><br />Well, that's terrible for effective representation.<br /><br />You have to remember that (unlike major law firms), most private practice attorneys aren't representing huge corporations with unlimited funds. We are representing citizens who have to somehow balance a budget to hire us. We realize that when we set fees, and we price competitively with each other. <br /><br />As the rules are now, a client can hire us and know exactly how much it is going to cost him and he's going to feel free to communicate with us to his heart's content.<br /><br />If we don't do our job to our client's satisfaction, then he has remedies against us.<br /><br />I still fail to see how the proposed rules help the individual charged.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.com