Vince Lombardi

on Jun 02 in On My Mind tagged by CPJohnson

Being raised in rural Wisconsin, I was told by my parents to always try to be the very best that I can.  Growing up during the 1960’s, it never dawned on me that they were listening to another great mentor in our state, Vince Lombardi, who said:

“Gentlemen, we are going to relentlessly pursue perfection, knowing full well that we will not catch it.  We are going to relentlessly chase it, because in the process we catch excellence.

I am not the least bit interested in just being good.”

                                                                    - Vince Lombardi

This is my philosophy.

Trials

on May 26 in Trial stuff tagged by CPJohnson

Trials: What happens

The best way that I can explain what happens in a trial is this:

It all comes out even.

Perhaps this is a variant of the theory of karma, “what goes around comes around”.  I am always amazed at what happens.

Regarding Trials

This is a story told to me when I was a young lawyer, just getting started in my career.  The story comes from a very well established county attorney from our area.  He indicated that he was doing an interview, in his early career.  The interview was with a lawyer in a high falutin’ law firm up in the twin cities.

The older lawyer asked the young job-seeking lawyer, “do you like to try cases?”

As a young lawyer, he responded, “you bet I do.”  He then went on to explain why he loves to try cases, and why he would be the best trial lawyer that the law firm could find.

The older lawyer listened attentatively.  When the young lawyer was finished with his explanation, the old lawyer responded, “I have found that there are very few trials worth trying.”

I agree.  Some times there is no alternative but to try a case.   However, we then take our chances in front of six or twelve jurors, most of whom we have never met.

More importantly, when common sense prevails, settlement should result.  However, common sense is a commodity that can be as rare and precious as gold or diamonds.

When that happens, then we are grateful that juries are told “use your common sense.”

Chutzpah

on May 21 in Humor According to One Attorney tagged by CPJohnson

My law professor once explained the definition of chutzpah as:

A young man is standing in front of the judge getting sentenced for the murder of his parents.  He pleads for mercy from the court, because he is an orphan.

This was Professor Lyon’s joke.

What makes a good lawyer?

on May 03 in On My Mind tagged by CPJohnson

Recently, I was discussing what makes a good lawyer, with one of my paralegals.

There were three scenarios that were listed. This was not my list, and I claim no authorship. However, it is worth listening to.

1. A poor lawyer will miss the key issues in the case.
2. A good lawyer will identify the key issues in a case, and deal with them.
3. A great lawyer will mine the real issues, like gold, from the rest of the rocks, because he/she understands what true justice is about!

What do you think?

Have you ever had a good lawyer, a great lawyer, or a poor lawyer? What does this lawyer they look like to you?

How Do You Handle the Stress of Going Through Court?

on Mar 22 in On My Mind tagged by CPJohnson

This will be a continuing diatribe of various tips. I don’t giveaway my best tips, as I save that for when you are my client.

However, there are a number of things that everyone can easily take advantage of, and it costs less than $20 for several months of relief.

Vitamin D3 has been shown to be effective for a number of various mental ailments. While I am not a doctor, and give no advice, I have heard from numerous people and read articles, as well as experts testifying at various trials, about the effects of Vitamin D. One expert opined that 95% of all childhood cancers would be eliminated if we properly administered Vitamin D. Because Vitamin D is not readily available, we put it in milk. However, what about those who have milk allergies, or do not care to drink it?

I personally take 10,000 units of Vitamin D during the winter months, because we are so sun deprived here in this part of North America. This amount may decrease, as I am able to get outside for more sun.

Numerous clients have reported substantial relief, when they take Vitamin D. I strongly encourage it for all of my clients.

Additionally, I take massive amounts of Vitamin B12, as well as other Vitamin B complexes (Niacin, Folic Acid, etc.) for stress. I personally take Zip Fizz. It has 41, 000 times the recommended daily allowance of Vitamin B12. I will take up to 3 of these a day. It is my understanding that you can not overdose on B12. Every time there are strong stressors in my life, I take a Zip Fizz. You can buy it at Costco, or Wal-Mart. You can also get Vitamin B12 and Stress Complexes at your local drug store, where it costs much less.

You can get both of these vitamins, over-the-counter, at your local drugstore, for less than $20.

I refer you to a recent article on Vitamin D, written by Julie Deardorff of the Chicago Tribune.  www.startribune.com/lifestyle/health/88705677.html?elr=KArks7PYDiaK7DUvDE7aL_V_BD77:DiiUiacyKUUr

The Vitamin D counsel can be located at: www.vitamindcouncil.org

A Shocking DWI Defense That I Do Not Recommend

on Mar 18 in On My Mind tagged by CPJohnson

Folks, contrary to popular belief, this is not my advice:

When you are pulled over, have a flask of hard alcohol in your pocket. Step out of the car, uncork the flask for the first time, and drink it all, in front of the cop.

Well this may be a clever idea, it may not go far in front of a jury.

see www.mankatofreepress.com/local/x1745496450/Taser-used-in-drunk-driving-arrest

Fruit of the Poisonous Tree doctrine

on Mar 12 in The Legal Maze tagged by CPJohnson

Suppression of Evidence

In the United States, and also the State of Minnesota, if a cop performs an illegal act under Search and Seizure Laws, the evidence is usually suppressed after the illegal activity.

As an example, a person who is arrested, and not given a Miranda warning, can have their confession suppressed, if their rights were violated.

This is known as the Fruit of the Poisonous Tree Doctrine, and became a common term of art in legal circles since 1920 when Silverthorne Lumber Company vs. United States was decided by the United States Supreme Court, 251 U.S. 385.

While prosecutors have some ways around this, it is generally a protective measure to insure that evidence is not obtained illegally by the Police (State).

The etymology of the term Fruit of the Poisonous Tree comes from Matthew:

Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither [can] a corrupt tree bring forth good fruit. Every tree that bringeth not forth good fruit is hewn down, and cast into the fire. Wherefore by their fruits ye shall know them. Matthew 7:17-20

How do you feel about this?

Is this the way it should be?

Right to have a gun

on Mar 12 in The Constitution tagged by CPJohnson

The issue is “Right to Bear Arms”? How do you feel?

I know that a lot of people believe that the Obama Administration is trying to limit this right. However, I believe that the correct view is to look at our United States Supreme Court.

The Supreme Court recently took a case out of the State of Illinois, City of Chicago, dealing with a person’s right to bear arms. We will keep you posted on any developments in this case. Until then, the Supreme Court Web Page can be found at: http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1521.pdf

Ignition Interlock

on Mar 12 in Legitimate Law or Police State tagged by CPJohnson

Currently, if you have a restricted driver’s license and can not drive because of an alcohol related offense, you have the ability to get an Ignition Interlock on your car, and be able to drive sooner than you would be able to, if you went through the whole license revocation procedure.  With Ignition Interlock, you breath into a mechanism, which if it reads zero alcohol will then allow you to start your vehicle.

There has been recent debate as to whether or not we should have ignition interlock mandated for all violators of DWI laws in the State of Minnesota. Essentially, this proposal from Governor Pawlenty has appeared “Dead on Arrival” at the State Legislature. There are way too many questions concerning other family members who are not under this restriction, and their use of the family car, etc.

Next, is a proposal for repeat offenders to be on the Ignition Interlock.

My question is this:

Do we have enough positive reinforcement with Ignition Interlock, as it presently exists under the laws of the State of Minnesota?

Is this the positive reinforcement that is needed? Is this all that is needed?