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Showing posts from October, 2014

Kim Ogg, Attorney-Client Privilege and the McAfee Case

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When a potential client first calls a lawyer on the phone or comes into his office, there is no predicting where that case will lead.  Whether it be civil, criminal, or family law, the variables are so vast that there are really only two things a lawyer can guarantee a client:  his best effort, and complete confidentiality. The principle of Attorney-Client privilege is something that every lawyer and most non-lawyers understand.  It is a sacred principle in the legal profession and one that is held above all others.  A lawyer could arguably be forgiven more easily for doing a terrible job on a case than he could ever be for sharing privileged information.  Client communications are privileged.  Period. How serious is the duty of Attorney-Client confidentiality?  If I were to represent a client and he fired me, I would be forbidden from turning over my file on the client to his new lawyer until I had confirmed that client's permission to do so.  It is so serious that the confide

The 2014 General Election

From the "Better Late than Never Department" . . . Normally I would have my recommendations in the Criminal Justice Races out before early voting starts, but I'm running a little late this election cycle.  Early voting began on Monday, and if you haven't done so already, you need to get out there and do it.  As I remind you every election cycle, it is so much easier to vote at any of the available early voting locations in the two weeks leading up to the election than to be limited to your one and only polling place on election day. My early prediction on this election cycle is that there will be a Republican sweep.  I base that prediction entirely on what I've seen with the past several non-Presidential Election years.  I could be wrong. So, here are the races that affect the Harris County Criminal Justice Center. Harris County District Attorney - Devon Anderson (R) vs. Kim Ogg (D) When Ogg first announced that she would be running against District Attor

People Unclear on the Concept

I've always been a fan of the Joe Martin comic strip Mr. Boffo , which I always considered similar to the Far Side.  One of my favorite things he would draw featured  "People Unclear on the Concept." I had my own experience with a person "unclear on the concept" this afternoon while visiting my hometown overnight. My wife and kids and I came into town late this afternoon for a friend's funeral tomorrow.  This visit, we're staying with my mother-in-law at her house.  I parked (legally) on the street in front of the house, and unloaded everything into the house. About fifteen minutes after my arrival, the doorbell rang.  I corralled the dogs and kids and answered it.  A frazzled woman that I didn't recognize stood there. "Who does that car belong to?" she asked, pointing to my (again, legally parked) 4-Runner. "Mine," I said. "Well, I hit it." "Uh oh," I said.  "Is it bad?" "Yes,&qu

Richard Gallego

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As most of you probably know by now, fellow attorney, Richard Gallego, passed away earlier this week.  His friend and co-counsel, David Pendleton, was kind enough to write these words of remembrance for Richard, and to send this photo of Richard, his wife Laura, and their new granddaughter, Isabella. On Monday, October 13, 2014, I met my friend, Richard Gallego, in 232nd to work an Evading Arrest case. Like we have done 1000 times before. He talked to the defendant's Mom while I reset the case. We said good bye to them and then Richard did what he always did. He told me about the Mom and how she works at a bank and how she has tried to keep her son, the accused, in line. He always cared about the family and not just the "case".  For some reason on Monday Richard told me how much he loved his own family and how much he is blessed to spend time with his family. His family was the most important blessing in his life. His children are exemplary people. I know his s