Weinstein Law Blog

Friday, September 30, 2016


I regularly go up against large corporations and municipalities.  As such, I am fighting some of the largest and well established law firms for my clients.  Amazingly, I find many of these firms do not live up to their name.

Generally, an associate attorney, who may have come from a big-name law school, is the true lead attorney on the case.  The extremely important task of Motion Practice is primarily in the newer attorney’s lap.
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Friday, September 23, 2016


Probably the most important aspect of the law, which is shielded from the general public, is legal advocacy in the form of the written word. The movies do not cover it and you will never find it in a television show. Yet, good writing wins cases. Proper and necessary advocacy skills definitively extend beyond the written form. However, any competent and experienced attorney will tell you about the extreme importance of writing well.

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Friday, September 16, 2016


In New York City, especially within Brooklyn, there is a mediation program within the lower Criminal Courts.  This mediation program is extrajudicial, meaning it is not under the control of the court.  Rather, the District Attorney’s Office recommends, as an offer, that the Complainant and the Defendant engage in mediation and then refer the case for mediation.  The outcome of the mediation is generally accepted by the DA’s Office as incorporated into the offer for the Defendant.  Mediation is considered a consent adjournment for purposed of calculating statutory speedy trial time.

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Friday, September 9, 2016

Free Speech

What is Free Speech?

              Generally, free speech is “protected speech” from governmental intrusion.  The key here is that the government is not allowed to curtail or retaliate for an individual’s speech.  However, in the private realm, there is no constitutional protection for free speech.  “Speech” has been interpreted as protected varying forms of speech, including the lack of speaking.  Applying current events: when Colin Kaepernick did not stand for the National Anthem, this was not protected speech because the NFL is a private organization.
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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.
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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.

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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 . . .

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The Law Office of Jacob Z. Weinstein, PLLC serves clients throughout Manhattan, Brooklyn, Queens, The Bronx, Staten Island, and Nassau County.

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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.