Crim appeals lawyer taking Qs
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Poast new message in this thread
Date: December 23rd, 2025 3:30 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534524) |
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Date: December 23rd, 2025 3:32 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
For the criminals, but I get paid by the state.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534531) |
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Date: December 23rd, 2025 3:36 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
$130/hr, except murders and sex crime are $140
No
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534548) |
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Date: December 23rd, 2025 3:42 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
I can't say I haven't. Then when I start thinking about who the people involved are, it goes away quickly. The perps and victims are mostly blacks and latinos, neither of which are attractive to me.
$250-300K.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534569) |
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Date: December 23rd, 2025 3:52 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
I get "offered" cases, and I can accept or decline them depending on how busy I already am. I can also ask them for a new case if I'm slow. There's always plenty of cases out there.
I have the same professional duties to my clients like any other lawyer, criminal or not, would. I interpret that to mean that I have to keep them informed and answer basic questions in writing. Nothing in the rules that I have to answer their phone calls and listen to them blab incoherently, or that I have to write lengthy letters in response to their annoying letters. I limit client interaction to the extent necessary to satisfy my professional duties and make 95% of them not so mad at me that they file a bar complaint.
I'm former biglaw. I did some criminal appellate stuff in biglaw, and realized that criminal is so much more interesting than the typical "complex commercial litigation" boring as fuck cases.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534601) |
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Date: December 23rd, 2025 3:59 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
Are you a CA lawyer?
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534620) |
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Date: December 23rd, 2025 4:07 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
No, you don't. But it may be very hard to get on the panels if you're newly admitted, don't live there, don't have CA crim experience, and don't have appellate experience.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534659) |
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Date: December 23rd, 2025 4:32 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
It will probably help!
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534744) |
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Date: December 23rd, 2025 4:12 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
A ton. The billing is a total headache.
Any work needs to billed to one of 24 different categories of tasks -- client comms, reading the record, opening brief, reply brief, reading the gov's brief, etc. And each category has guidelines. And you have to write an explanation if you go above the guidelines. There's a 100 page "claims manual" setting forth all this crap.
They nickel and dime you like crazy, but after a while you learn how to justify your time and say the right things to get all or most of your claimed time approved.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534679) |
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Date: December 23rd, 2025 4:30 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
What I meant was that I know what to write to explain over-guideline time. For example, the guideline for client comms is 5.0, and you've got to justify anything above that. So if I spend more time, I know that if I claim 10 hours, I need to write out that I write the client x letters and he wrote me y letters and he was very actively involved in his case and the case had complex procedure to explain to him. I can't just make up the number of letters involved because there's a paper trail for that.
Padding is funny because the standard is how long a reasonably experienced attorney would spend. Would a reasonably experienced attorney be able to do shit in a fraction of the time of the guidelines? That's the beancounter's job to figure out, not mine.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534738) |
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Date: December 23rd, 2025 5:10 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
Right, it's not an auto mechanic standard. More precisely, the standard is "how many hours you actually spent but we reserve the right to chop your actual hours down based on what we think a reasonably experienced atty would have spent."
The beancounters really scrutinize your claims because they themselves get scrutinized, but they want you to get paid for your time so you just have to know how to say the right things and explain yourself well. But they still end up screwing you over sometimes. Any padding you can do might get eliminated by getting dinged on some other line-item that they're strict about.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534875) |
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Date: December 23rd, 2025 5:33 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
One additional point is you're required to disclose "borrowed briefing." It's encouraged to use borrowed briefing, but you have to disclose it and you're welcome to explain what new work you did that you still wanted to get paid for, e.g., verifying and and updating citations, conducting additional research, drafting a fact-specific prejudice analysis.
I ALWAYS disclose borrowed briefing because it's so fucking easy to catch someone who filed a brief with the same issue 6 months ago that he C&P'd.
But even if you disclose the borrowed briefing, the beancounters have a lot of leeway in terms of helping you get paid for the "new work." You wouldn't want to claim 8 hours as if you wrote it ab initio, but you're gonna get more than 0.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534946) |
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Date: December 23rd, 2025 4:35 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
have you considered having AI go over your bills to make them look better?
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534747) |
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Date: December 23rd, 2025 4:43 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
I'm not sure how I'd use AI. I don't actually need to itemize my time by date. There's an online portal and each of the 24 categories requires the number of hours and you have an option to add a comment. The comment is supposed to a brief overall explanation of why you billed a lot, not that you worked 2.3 hours on 1/1 doing this, 0.8 hours on 1/2 doing that, etc. It's usually something simple like "Issue II in the opening brief was very complex because it required significant original legal research on [novel issue], and required multi-part issue drafting on the merits and a detailed prejudice analysis."
How do you think I'd be able to use AI in that respect? I'm not really sure.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534767) |
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Date: December 23rd, 2025 4:52 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
The appellate defense bar lobbied hard for a $40 increase and the Legislature gave us $10. Since 2016, it's gone up $25, from 105/115 to 130/140. Totally pathetic.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534798) |
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Date: December 23rd, 2025 3:32 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
Yes.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534535) |
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Date: December 23rd, 2025 4:24 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
There's way more scholarship than criminal trial shit. It's always funny when I review a record and see the DA, defense attorney and judge -- all who are retards who went to mcgeorge or USD or whatever -- discussing some scholarly sweet that came their away.
I'd say 80% of my time is scholarship -- reading records, thinking about arguments, writing, etc. Though I'm not often raising the most complex scholarly issues of first impression. A lot of the issues I raise are routine ones I can kind of C&P, or fact-based issues that don't involve complex legal concepts and are purely judgment calls based on well known law. So it's not like I'm dealing with intense scholarship all the time.
The other 20% of the time is various administrative bullshit. Dealing with the claims process to get paid (see above) is a huge hassle. Then there's keeping track of deadlines, saving filings, filling out routine forms like extension requests and oral argument requests, etc. -- I don't have a secretary so I've got to do all this myself. And then there's client commns which as I said above I really try to keep to a minimum because they're annoying.
And then there is a plenty of annoying "business" time from running my own firm that wastes time and you need to be careful about bc the consequences are bad if you fuck up -- annual registration w the state for the S corp, renewing the CA law corp registration, paying myself on the payroll, keeping track of the books, etc.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534722) |
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Date: December 23rd, 2025 4:32 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
I'm looking forward to that day. I've had several cases from his county. I think he's just starting to get into the higher level cases, and I mostly do the higher level cases so maybe in the future I'll get one of his. He's also in a small county so there are relatively few appeals from that county so the odds aren't great.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534743) |
Date: December 23rd, 2025 4:36 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
On average out of 1,000 criminal appeals, how many
new trials?
outright reversals with dismissal?
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534750) |
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Date: December 23rd, 2025 4:50 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
By outright reversal with dismissal, I assume you mean EVERY count in the case. I've been doing this for 10+ years, and it's literally NEVER happened to me. I've got counts thrown out here and there that either make no or minimal impact on the sentence.
New trials, if we're talking about on every count in the case or on the most significant counts in the case, I think it's happened to me 2-3 times in 10+ years. Again, I get new trials here and there on insignificant counts -- that the prosecution probably won't even bother retrying.
I win resentencings for my clients quite a bit. The sentencing laws are very technical and the judges are idiots and often botch sentencing by not dotting their i's and crossing their t's correctly, and those are good issues from an appellate perspective since they're purely legal issues.
Though, in most cases, the guys probably go back for resentencing and end up with the same sentence.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534790) |
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Date: December 23rd, 2025 5:21 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
tyft
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534920) |
Date: December 23rd, 2025 4:43 PM Author: Historical American
Have you ever gotten someone off who was clearly extremely guilty but you found a loophole or a technicality that invalidated the conviction like in the movies?
Ever gotten someone off due to a jury violation?
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534770) |
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Date: December 23rd, 2025 4:56 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
The panel administrators don't look at W's and L's. the best attorneys would all be batting .001 or so if that were the case.
They care more about scholarship than W's and L's.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534822) |
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Date: December 23rd, 2025 4:54 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
I've never got anyone off on a technicality, but I've won retrials in a few cases on technicalities. People don't just walk free in 99.9999% of the cases. The remedy is almost always a retrial.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534806) |
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Date: December 23rd, 2025 5:00 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
You seem to have an agenda, but I'll answer you diplomatically. I wouldn't be handling any retrial. It would go back to the public defender. In the vast majority of retrials following reversal on appeal, the DA is going to win again.
You're watching too much TV/movies. Murderous Darnells aren't going free on technicalities.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534832) |
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Date: December 23rd, 2025 5:13 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
Every word of your post is loaded and I have no idea what you're even asking. Can you please rephase your questions.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534885) |
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Date: December 23rd, 2025 5:27 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
Entirely correct. I'd just have to remember to look up the case years later.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534936) |
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Date: December 23rd, 2025 5:19 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
I've also said that in 10+ yrs, I've won a client a retrial on all or the most significant counts in like 2-3 cases TOTAL. It's really rare.
I don't want to give specifics because reversals of convictions are rare enough that some doobs could find it on westlaw if I say too much.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534916) |
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Date: December 23rd, 2025 5:26 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
I don't even know if they got off. I don't know what happens when they go back for retrials unless I remember to look up the cases years later. Nobody tells me what happens unless they happen to appeal again and it gets reassigned to me again.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534934) |
Date: December 23rd, 2025 5:00 PM Author: Historical American
Was Rubin "The Hurricane" Carter guilty of the triple homicide and simply a victim of racist cops planting evidence or did some shitlib NJ judge simply toss the case to get famous and win liberal brownie points?
I go back and forth on this one. Could go either way. What's suspicious though besides the fact that Carter beat the shit out of one of his female lawyers is that the judge offered no detailed explanation of why the case was tossed. He just said a racism was performed, this is bunk. No retrial either they just let him out.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534835) |
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Date: December 23rd, 2025 5:16 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
I saw the movie as a teenager and don't remember the details. My basic memory/instinct is that he did the murder, but I have no idea if I'm right.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534903) |
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Date: December 23rd, 2025 5:24 PM
Author: .,:,;,..,;.,::,..,:,.,,,,;.,::,..,:,.,.:
Times were different then. Cops don't need to cheat nowadays as much as they did back then. There's so much forensic evidence at the scene of the crime, DNA and fingerprints. Plus there are cell phone towers and surveillance cameras everywhere.
It's VERY hard to get away with murder nowadays, and the cops don't need to coerce witnesses and beat confessions out of people.
(http://www.autoadmit.com/thread.php?thread_id=5813512&forum_id=2)#49534928) |
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