Yes, students who go to top-notch private law schools will have loans.  Yes, most jobs in the public sector, where most newly-minted attorneys start out (State Attorney, Public Defender) only pay in the $40,000 range.

But there are ways to survive.  The most obvious is to defer repayment.  One can defer repayment on law school loans in the first few years after graduating.  During that time, a new attorney can work at that $40K/year job and get valuable experience.  Then, as time passes, the attorney will get promotions and raises.  After a few years, private practice awaits, where one can make a great salary depending on his or her experience.

The problem this article fails to address is the “I want it all now” syndrome that so many young people have.  The old fashioned concept of starting at the bottom and working one’s way up – through hard work and study – seems to be forgotten by some.

As an adjunct law professor, I can tell you that we need bright, talented, and dedicated attorneys in the profession.  Those people begin as law students.  I encourage anyone who has the drive to apply and go to law school.

Just realize that it is not like John Grisham’s book “The Firm”, or like some TV show, where there is a new BMW, a new home, and a corner office waiting after graduation.  Toil, sweat, practice, dedication, and honesty will prevail for those who exercise those traits, as will a wonderful career in the legal profession.

But there are those that advertise heavily but have virtually no experience to back up what they claim they can do on the cases they advertise for online.

Here’s some things you should as a Tampa criminal defense attorney:

1. Are you Board Certified in Criminal Trial Law?
2. Did you work for the State Attorney or Public Defender, and if so, for how long and how long ago?
3. Have you had cases like mine? What happened?
4. Do you go to trial? How many cases have you tried to a jury?
5. How does your office function, i.e. do you have a paralegal? Do you have internet research? When do you return calls?

Asking these questions of the Tampa criminal defense lawyer you are thinking of hiring will get past the shine of their website, and get to the heart of what they are about and what they can do for you.

https://plus.google.com/u/0/115806784584835305205

Two agents of the Mississippi Attorney General’s office were meeting with a lawyer about an alleged murder plot against him on Saturday evening when two men allegedly hired to do the job burst into the law office.

In the gunfight that followed, one alleged hit man, Keaira Byrd, was killed and the other, Derrick Lacy, was wounded, the Greenwood Commonwealth reports in a story reprinted by the Jackson Clarion Ledger. An agent was also wounded, though the injuries weren’t life threatening. The lawyer, Lee Abraham of Greenwood, Miss., was not hurt.

On Sunday, police arrested 70-year-old oncologist Arnold Smith and 54-year-old brickmason William Paul Muller on charges of conspiracy to kill Abraham, the story says. Abraham represented Smith’s ex-wife in the couple’s divorce.

Remember, though, that the State can proceed on a DUI without breath test results. The State can use the officer’s testimony and the video of the roadside sobriety tests.

An informative article from TampaBay.com. But there is more to the crisis than just foreclosures. There’s a lot that can be done to cut costs.

Prosecutors, please have some basic professionalism. I constantly have trouble resolving cases because I can’t get the prosecutor to call me back. I dont know what a single hearing costs, but double or triple that cost depending on the number of times it has to be reset because the prosecutor “still has to talk to the accuser” or “my chief isn’t here, so I can’t get an answer.” Return phone calls and move the cases. Tightening up in that regard could cut down on tens of thousands of hearings yearly.

Next, stop overcharging people and forcing lengthy litigation. If my client shouldn’t have to plea to something you can’t prove, we’re having a trial. Charge what you can prove, make a reasonable offer, and defendants will resolve their cases.

On that note, be reasonable. Not every person needs to be adjudicated. Not every person needs jail time. Offer pre-trial intervention for first-timers. Offer “time served” for petty cases. Shorten your long probation offers. And STOP LETTING YOUR SO-CALLED “VICTIMS” RUN YOUR PROSECUTIONS.

Prosecutors, send me the discovery you are required to send by rule. Look at your case up front, and get your act together. Order the reports, photos, videos, etc at the beginning of the case and turn them over. Don’t parse out the discovery disclosure here and there, and don’t make me beg for it. That results in unnecessary continuances and wasteful hearings.

Judges, permit defendants to waive their presence at court. Knock out 2/3s of the everyday courthouse traffic, and you won’t need so much security. Plus, end the docket quicker and those prosecutors can work on their cases (see above). This concept of “I want the defendant present” for no reason, and when you don’t even look at them when they are there, is so wasteful.

Judges, if someone does fail to appear, set a bond on the capias. That way we don’t have to have a bond hearing, at which time you’ll usually reinstate bond anyway. Cut to the chase.

Don’t transport jail defendants for every little hearing. Not every hearing is a “critical” hearing that legally requires their presence. That would save millions on transport and security.

Judges, train your judicial assistants to work as hard and as long as you do. We all know which JA’s I’m talking about – the ones that won’t give us a simple, 5-minute hearing tomorrow that can resolve the case (instead telling us there’s “no time” or “we only do those hearings once a month”). Move the meat!

Clerks, get your funding right and get electronic. The Federal Courts use PACER and CMECF, both of which are flawless. That will save money on labor, paper, postage, storage, etc – and make the system more efficient. U know: I practice in the Federal system, and I can vouch for it.

Public defenders, permit your clients to plea at arraignment if they so desire. Your funding is different from that of the court. You get more money if a client pleads AFTER arraignment. But resetting a case for a day, week, or month later, costs the courts money. Your policy of “no plea at arraignment” gets you additional funding yet loses money for the court system – all while the defendant sits in jail for that extra time. Seriously!!

While the foreclosure crisis is having a heavy toll, it’s not the only hemorrhage in the system. There are more cost-saving ideas we could come up with. I urge everyone to listen and work toward implementing cost-cutting policies as soon as possible.

The Second DCA wrote:

Until this important constitutional question is resolved by the Florida Supreme Court, prosecutions for drug offenses will be subject to great uncertainty throughout Florida. Moreover, cases pending on appeal and on motions for postconviction relief will be subject to similar uncertainty. It will be difficult to reach a final resolution in many of these cases until the issue is resolved. Finally, if the ruling in this order is ultimately affirmed by the supreme court, it is possible that hundreds or even thousands of inmates will be eligible for immediate release.

It appears now that the issue originally raised by Federal Judge Scriven in Shelton will be decided once and for all by the Florida Supreme Court.

Here is the opinion in State v. Adkins et al, decided September 28, 2011:

State v. Adkins et al, 2D11-4559 928

Too bad there is no crime of “criminal stupidity” with which to charge both of them.

I am hesitant to say anything bad about the DOJ, lest they turn their guns on me.  But this story falls somewhere between comical and maddening.  According to “the report”, the massive overspending was a product of “oversight”.

I’m going to use that argument with the DOJ the next time that I am negotiating for one of my clients. . .