Each Week You Learn New Things

In my #firstpost for the Law Office of Zoe Russell, PLLC, I want to share some of the interesting areas of law that I've learned about in my first week of solo practice.

(1) I found this blog post from Mark Bennett to be helpful in understanding a lawyer’s ethical responsibilities when speaking with jurors after trial. Prosecutors (and defense attorneys) are not supposed to go talk to a jury after a loss and tell the jurors all about what they *didn’t* see at trial. We have rules of evidence for a reason and this practice of telling jurors—oh if only you knew about his criminal record—will leave an imprint in the mind of that juror. They will never be the same and will take that skepticism about the justice system into their next act of jury duty. What judges may permissibly and ethically say to jurors is a little less clear to me. (I’m going to ask Mark about this if I see him at a TCDLA event.)

(2) I found this helpful white paper (PDF) about what to do when your federal white-collar criminal client is served with a search warrant and you need to protect attorney-client privileged information. The onus is on the defense attorney. You are required to move quickly to avoid inadvertently waiving the attorney-client privilege of material that federal agents have hoovered up. AUSAs should use some kind of a procedure like a “taint team” to avoid viewing privileged information.

(3) In Bexar County, getting a bail reduction doesn’t take a lengthy writ, but rather a short conversation with the judge. Getting the bail paid is a whole other issue.

Lastly, I want to thank the multiple extremely generous lawyers that helped me throughout the week, including Carlos Solis, Will Brooks, Bobby Gebbia, Mac Bozza, and Chad Van Brunt. The defense bar in San Antonio is the best.