“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.

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

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

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:

WITNESS INDEXNAME OF CASECASE NUMBERATTORNEY

Name of Witness Type of Witness Page number in police reports

Other Locations

Representing With Courage and Devotion: Creating and Working With a Team

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

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

Handling & Understanding the Players in the System

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

The Client and Communication

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

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