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“Beginner’s Mind”: Getting Your Mind Right To Do This Work
• To do your best work in this field, your mind needs to be in the right place.
• This means a number of things—figuring out:• how to approach the work, • being willing to do the work, and • keeping an open mind.
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Handling Your Cases and Your Caseload
• Organizing the individual trial file• Contents
– police reports– lab - ballistics, microanalysis, etc.– (protocol & tox)– answer to discovery– charging documents)– possibly: medical records– photos
• Indexes
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INVESTIGATION INDEXNAME OF CASECASE NUMBERATTORNEY
Name of Witness Location Information Type: location in police reports or
transcripts
Dates, times, locations of contact or attempt
Comments
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Attorney ’ s Name
INVESTIGATION OF THE CASEWORKSHEET
Case name: Case#
Witness name:
The facts which I am sure can be proved are:
The facts which are in dispute and that I need to investigate
further are:
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WITNESS INDEXNAME OF CASECASE NUMBERATTORNEY
Name of Witness Type of Witness Page number in police reports
Other Locations
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Representing With Courage and Devotion: Creating and Working With a Team
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Representing With Courage and Devotion: Creating and Working With a Team
• regular team meetings, • put yourself and your team on a schedule,• and make time to brainstorm the case. • Who should be on the team? • Attorneys• Investigator• Paralegal• Mitigation/social science person
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Qualities of the Team
• each team member should be at least competent (if not outstanding) in their area
• The team needs to be both collaborative and cooperative
• A good team member values, participates in and encourages good communication
• The “24 hour”rule
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Handling & Understanding the Players in the System
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Handling & Understanding the Players in the System
• One of the most challenging aspects of criminal defense is dealing with the players in the system:
• police• jail guards• bailiffs• Prosecutors• clerks• Judges• the victim• media
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The Client and Communication
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The Client and Communication
• Communication and Learning the Language• largest source of client complaints to the bar,
employers, and supervisors has to do with client communication.
• Your client must not only be well-represented, he or she must feel well-represented
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Finding the way to win (investigation and preparation)
• Brainstorming• Investigation• Scene Assessment and Canvassing• Investigate By Wandering Around• Developing Your Theory of the Case• Theme and Theory
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