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Old 7th July 2008, 05:41 AM   #21 (permalink)
Peter T. Daniels
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Default Photographing the Verrazano-Narrows Bridge

On Jul 7, 12:12 am, Phil Kane <Phil.K...@nov.shmovz.ka.pop> wrote:
> On Sat, 5 Jul 2008 08:28:26 -0400, "J. Clarke"
>
> <jclarke.use...@cox.net> wrote:
> >Uh, I think you need some perspective.  Suppose they do stop you, then
> >what?  What's the worst that the MTA cops have _ever_ done to a
> >photographer?  Is that so horrible for you that you aren't willing to
> >risk the small chance that it is going to happen?

>
> Is such a confrontation something that you are looking forward to?
>
> I don't know about you, but I prefer to be before a judge as an
> attorney or government agent or expert witness, not as a defendant,
> even on petty stuff like this (and I do believe that it's petty).
>
> An attorney's job is to advise the client how not to have to appear
> before the judge.  A lot easier than trying to get him or her "off".
> At least that's how I practice law.


So you advise a not-guilty client to plead to a lesser charge?
 
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Old 7th July 2008, 05:43 PM   #22 (permalink)
Phil Kane
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Default Photographing the Verrazano-Narrows Bridge

On Mon, 7 Jul 2008 03:41:59 -0700 (PDT), "Peter T. Daniels"
<grammatim@************> wrote:

>> An attorney's job is to advise the client how not to have to appear
>> before the judge.  A lot easier than trying to get him or her "off".
>> At least that's how I practice law.

>
>So you advise a not-guilty client to plead to a lesser charge?


(a) I don't do criminal defense but I can refer people to those who
do, just as they refer people with regulatory compliance problems to
me.

(b) I advise my clients on what the law is and if/how they can get
what they want without violating the law. The joy of regulatory law
is that one can apply for waivers if there is enough reason to have
one granted and the trick is to do so before one takes action.
Whether they take that advice or not is their choice - I charge the
same either way. Smart people listen.

(c) I always tell my clients that a trial is a crapshoot - no one can
guarantee any outcome. The two cases that I have lost prove that.
They were very solid cases that hinged on "unreasonableness" of the
restrictions but the judges involved had pre-conceived notions
otherwise, and the clients were wise (or cash-strapped) enough to know
when to hold 'em and know when to fold 'em.
--

"Stand Clear of the Closing Doors, Please"

Phil Kane - Beaverton, OR
PNW Beburg MP 28.0 - OE District

 
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