Weinstein Law Blog

Friday, September 2, 2016

Counselor v. Attorney

As an attorney with a focus on criminal defense and civil rights, I often find my clients worrying about immaterial and irrelevant matters.  While lawyers may be called “counselors” we simply do not possess the training to properly address the mental health issues that accompany a criminal case.  However, it is a position we must live up to and learn to manage.  Inevitably, and regardless of guilt or innocence, the criminal justice system is both a physically and psychologically traumatic experience.

As such, a lawyer will often find themselves thrust into the role of counseling the client on the law and the resulting emotional issues.
Read more . . .

Friday, August 26, 2016

Valuing One Another

One of the most difficult aspects of private practice is attorney-client relations.  The ethics rules and codes across the country are filled with regulations regarding proper attorney-client conduct.  Moreover, there is a myriad of case law and ethics decisions relating to this topic. It is a regular issue that both attorneys and clients face.

Often, lawyers make the worst clients to other lawyers for the same reason that doctors are terrible patients: they do not trust the other professional enough.

Read more . . .

Friday, August 19, 2016

Importance of a Deposition

              Arguably the most effective and important tool in a civil case is the deposition.  The simplest and most straightforward definition of a deposition is: a formal statement that someone who has promised to tell the truth makes so that the statement can be used in court.

Why is a Deposition Important?

            Depositions are taken by the defendant and the plaintiff.  They are an important tool for your case because they allow your lawyer to fully explore multiple facets of a case first-hand.  For example, depositions are taken of the people involved in the case.
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Friday, August 12, 2016

Get Fired Up

              You have been wronged; embarrassed; the very essence of your being is telling you “this is not right!” Your rights have been violated - get fired up !

What do you do?

              Do something! If you do nothing you have accomplished nothing.  You will have allowed a wrong to continue and for the world to maintain the status quo.  If you do nothing, the best you will get for yourself is the “can you believe this” story.  The story we all have heard at one point or another.  Often, it is a story we end up telling others.

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Friday, August 5, 2016

Going to Trial

Only a minuscule amount of cases, both criminal and civil, actually go to trial.  This is a known and accepted fact throughout the legal industry.  It is because of this truth that there are so few actual trial attorneys in existence.

What is a Trial Lawyer?

Sometimes, though not often, when you meet a lawyer they will describe themselves as a “trial lawyer.” To me, this means two things:

  1. They have actual trial experience in the past; and
  2. They love going to trial.

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Friday, July 29, 2016

The Fundamentals

Within the legal world, experience does not beget knowledge and knowledge does not beget good practice.  While this statement may seem counter-intuitive, it is a glaring truth.  At times attorneys enter into cases that they have no business in.  This is not because they have no experience in the area of law but rather they have no knowledge of the fundamental issues of the case.  Often, it is not directly the attorney’s fault.

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Friday, July 22, 2016

Aggressive Change

Perhaps now, more than ever, a revitalization and zeal regarding our Civil Rights is needed.  This week alone, multiple clients contacted me regarding egregious and wrongful police conduct.  Moreover, none of these wrongs will make the news.  They are simply too small in scale because, no one was killed or shot.  At this point, to be news worthy, a black man must be shot while laying down on his back with his hands in the air.

Read more . . .

Friday, July 15, 2016

Damages Are Key

When considering a civil case, of any sort, damages are extremely important.  In truth, an experienced attorney is the one who is best suited to determine damages.  Without a proper evaluation, your case will not hold water in the end.  It is possible that you may win a case on liability – meaning that the other side did a wrong to you – yet, there are no damages and thus no value at the end.  There are myriad of different kinds of damages, some examples are:

  • Injury
  • Loss of earnings
  • Specific performance
  • Compensation for a loss

When you have suffered and wish to be made complete again – that is where the damage evaluation comes into play.
Read more . . .

Thursday, July 7, 2016

Standing Up

This week has been insane and it is only Thursday.  People are and should be screaming from the streets.  But this is more than injustice and wrongful police conduct. 

Lawyers are in a unique position to protect and represent others.

Read more . . .

Thursday, June 30, 2016

The Feds on the Street

Expansion of the Hobbs Act

In Taylor v. U.S., the Supreme Court of the United States significantly expanded the bounds of federal jurisdiction over robberies.  Under the Hobbs Act, it a federal crime to commit a robbery that 'affects' 'commerce over which the United States has jurisdiction.

Read more . . .

Wednesday, June 22, 2016

A Corrosion of Our Civil Liberties


On Monday, June 20, 2016, the United States Supreme Court came down with a striking and transformative ruling regarding the Fourth Amendment – the right to be free from unreasonable searches and seizures.

In short, the Court held that when the Police conduct an illegal stop without flagrant police misconduct, and a valid warrant is found, the police may search the individual stopped.  Moreover, the evidence recovered may be used against the person stopped. This is a significant and far reaching blow the fruit of the poisonous tree doctrine within Fourth Amendment Jurisprudence.
Read more . . .

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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.