Wednesday, July 21, 2010

Wednesday news and notes

1.  Judge Lenard accepted the guilty pleas today in the stolen patient record case.  (via Miami Herald).  We previously wrote about the case here, when the parameters of the deal were questioned.

2.  Jeffrey Epstein is a free man.  And the Daily Beast covers the case here, with video from his depo in which he walks out after being asked about the shape of his penis. 

3.  And, Rony Seikaly has a new single.

4.  Rumpole says never ever promise that your client will take the stand.  He's way wrong.  There are no absolute trial rules.  Now of course Blago's lawyers messed up by promising that he would testify and then not delivering.  But that doesn't mean you should never do it. 


Rumpole said...

Here's the deal- when you tell the jury in opening statement your client will testify- what you are saying to the prosecution is "hey- take out another pad and starting making notes for cross examination from this point forward." There is absolutely no reason to assist them in this manner.

You gain little in revealing in opening that your client will testify. However you not only give the prosecution extra time to prepare, you risk putting yourself in the situation Blogo lawyer's in Chicago are in.

You have eyes grasshopper- But you do not see:

"All warfare is based on deception. Hence, when able to attack you must seem unable.
When using forces, you must seem inactive; when near, make the enemy believe you are far away;
when far away, make him believe you are near.

Hold out baits to entice the enemy. Feign disorder,
and crush him.

If he is secure at all points, be prepared for him.
If he is in superior strength, evade him.

If your opponent is of choleric temper (like Judge Huck) , seek to irritate him. Pretend to be weak, that he may grow arrogant.

If he is taking his ease, give him no rest.
If his forces are united, separate them.

Attack him where he is unprepared, appear where
you are not expected.

These military devices, leading to victory,
must not be divulged beforehand."

Sun Tzu, The Art of War (or how to win a case in trial.)

Rumpole said...

PS. The new layout and look of the blog sucks.