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“We feel first, then decide accordingly.”

“I have said I have no quarrel with the intellect. These words were born of it. I simply do not wish the head to rule every aspect of the human experience, nor feelings to be reduced to some unsavory attachment to the person, something akin to original sin. Moreover, I am not a fan of […]

The Court of Public Opinion

The Court of Public Opinion rules ex parte with no hope of an appeal. It has no rules of evidence or procedure, no requisite standard of proof, no right to confront witnesses, no meaningful ability to present evidence, and no appellate review. Yet, its ruling is immediate and often final. It happens everyday: a newsworthy accusation […]

“Why do you defend them?”

No criminal defense lawyer can avoid it. Friends, family, and even strangers ask it. We dread it. But we must answer it: “Why do you defend them?” * * * There are many answers. See Defending the Guilty by Barbara A. Babcock or How Can You Represent Those People? by Abbe Smith and Monroe H. Freedman. […]

Terence MacCarthy’s Rules of Trial Advocacy

1) The most important and necessary quality for a trial lawyer is the ability to communicate. 2) Although there have been and are many excellent evidence teachers, many of their colleagues have been a detriment to trial advocacy. 3) Always have three things. “I have said it trice: What I tell you three times is […]