As prosecutors, we are trained to seek justice. While working for a district attorney, I specialized in sexual offenses and crimes against children. I understood why victims of sexual harm rely on the criminal legal system. But as a victim, I grappled with the contradiction of my professional life and what I wanted personally—an alternative.
We all know Old MacDonald had a farm. And we all know that on his farm, he had an assortment of animals, including chickens, horses and ducks. But little is known about his wife, Edna.
When rapper Cardi B released Am I the Drama? just weeks after winning a high-profile assault lawsuit, she turned legal adversity into cultural commentary. From narrative framing and courtroom conduct to trial publicity and client counseling, her experience offers practical lessons for lawyers and law students on managing reputation, evidence and ethics in the court of law and the court of public opinion.
“You must not abandon the ship in a storm because you cannot control the winds. ... What you cannot turn to good, you must at least make as little bad as you can.” —St. Thomas More
Across the country, criminal justice policy is undergoing yet another pendulum swing. After over a decade of reform efforts focused on decarceration and diversion, states are now reembracing the all-too-familiar tough-on-crime approaches.
Benjamin Franklin said, "By failing to prepare, you're preparing to fail." Sounds wise, but I doubt Benjamin Franklin carried on a busy litigation practice.
Hunched over my desk, surrounded by markups and a neglected dinner gone cold, I pressed on. It was almost sunrise, but despite my blurry vision and aching back, I was determined to power through. I had to perfect the agreement before the partner arrived in a few hours.
Lawyers are frequently stereotyped as being "bad at math." The stereotype is inaccurate. Lawyers must employ mathematics regularly in both litigation and transactional work; they cannot be innumerate and practice competently. The “lawyers are bad at math” stereotype excuses otherwise unacceptable practices and must not be perpetuated.
Benjamin Graham, the father of value investing, left behind a principle that has outlived him: Always insist on a margin of safety. Buy only when there is a cushion between price and true worth. That buffer is not greed; it is protection against volatility, error and unforeseen storms.
The ABA Journal wants to host and facilitate conversations among lawyers about their profession. We are now accepting thoughtful, non-promotional articles and commentary by unpaid contributors.