Idaho Criminal Defense Blog : Boise Idaho Criminal Lawyer & Attorney : Chuck Peterson Law Firm : Civil Rights, Trial, Felonies, Assaut, DUI : Boise, Idaho Falls, Pocatello, Idaho

 If you happened to be on the planet Earth yesterday, you could not have missed hearing about the iPad2. "Thinner. Lighter. Faster." Steve Jobs is the master communicator and you can learn something here about your case if you are a lawyer or a client. Those words tell his story - "this thing is amazing!" Steve's choice of words can help us all be better in front of a jury.  Here is my take-away as I am preparing for a month long trial that starts a month from now. 

First - every story needs a simple "punch line" that is memorable and hits the heart. Remember Johnny Cochran in the OJ trial: "If the glove won't fit, you must acquit." They did. That line was so memorable that jurors later said it summarized the entire case. Work on this part of the case and come up with a memorable theme statement.

Second - use simple words. I sometimes have clients who want to talk about "the party of the first part," or who tell me an issue is "mute." I love that one - and it isn't just clients who don't get the "moot" or "mute" point. Steve Jobs delivers great messages with simple, real words. No jargon. We lawyers really do not get this point. Our audience (jurors) are used to hearing real words, not law words. So whether you are a lawyer or a client, keep the words real.

Third - get off your seat and practice, practice, practice. Jobs looks like a natural but those around him tell another story. That one hour presentation likely took twenty hours of practice. The problem here for most lawyers is that our clients do not want to spend money for us to practice. Given my choices, I would rather practice and get it right because usually, my client's liberty and money is on the line.  Do not shortcut your case prep here!

So there we have it. "Thinner. Lighter. Faster." Not me after this week of vacation on my favorite beach. But what a great tag-line for the iPad2. And since I think the iPad is a great trial tool, the iPad2 is soon to join me in a courtroom near you. More on using Apple technology in trial in a later post. 

Have you been preparing your story for trial? Got a killer theme and tag-line? Work it and get ready for trial!

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 In another one of those confusing 9th Circuit fraud decisions - the Court of Appeals has upheld the convictions and sentences of three men who summoned the likes of Charles Ponzi and swindled 1700 investors out of $40 million. In US v. Treadwell the Court upheld an instruction  that “intent to defraud is an intent to deceive or cheat,” and that “a defendant’s belief that the victims of the fraud will be paid in the future or will sustain no economic loss is no defense to the crime.”

The Court goes on to draw an analogy to embezzlement. It is not a defense to embezzling money from your employer that you intended on returning the money to him someday - even if you honestly believed you could, with interest! That makes sense to me because fraud is simply theft - if you get the money by lying it is not a defense that you may someday give the money back, or the investor may someday get the investment back. Bernie Madoff's investors got money back, from other investor money!

And if someone was to sweet talk my wife into "giving" them my MacBook Air on the premise that we would get two new ones back in a few months, I wouldn't care whether he or she had the good faith belief that they could get me a 100% return on my bride's "investment." My computer would be gone - just like the investor's $40 million. 

Look at the following language - it pulls together the key stuff here:

"According to the federal wire fraud statute, 18 U.S.C. § 1343, any person who “having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be trans- mitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice,” is guilty of wire fraud. Conviction under § 1343 means a defendant must have intended “to defraud” his victim. See United States v. Oren, 893 F.2d 1057, 1061 (9th Cir. 1990). “To defraud” under § 1343 encompasses “any scheme to deprive another of money or property by means of false or fraudulent pretenses, representations, or promises.” Carpenter v. United States, 484 U.S. 19, 27 (1987); see also United States v. Ciccone, 219 F.3d 1078, 1082 (9th Cir. 2000) (“[T]he offense’s specific intent element . . . require[s] proof of intent to deprive the victim of money or property.”). It means to “wrong[ ] one in his property rights by dishonest methods or schemes, and usually signif[ies] the deprivation of something of value by trick, deceit, chicane or overreaching.” Carpenter, 484 U.S. at 27 (internal quotation marks omitted)"

It's the scheme that is the key - if you get the money by lying and scheming the law will be at your door. Or maybe - it will be some lawyer in a nice suit looking to collect back that "investor" money from you in a civil suit. Either way, this case is fair warning that the scheme imposes liability - both civil and criminal. 

Have a question about an investment "opportunity" that seems too good to be true? Get some advice before you give away the farm.

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 About a year ago when I started this blog, I had to come up with information to put in the "About" tab. I have been extremely lucky in my work life to have been part of some big trials - two of the biggest are mentioned there - Ruby Ridge and Al-Hussayen. To try and give credit where it was truly deserved, I added the names of the lead counsel in each of those cases; Gerry Spence and David Nevin. 

I wondered, how long would it take "Nevinite" Scott McKay to see that section and realize that he had been "slighted" by my not having mentioned him. Scott is David Nevin's partner and a great trial lawyer in his own right (truly). And McKay is also a Gonzaga grad with a young son who follows the "Dawgs" basketball team as they make their traditional march to the Sweet 16.  But how long would it take Scott to find the blog and then realize I had NOT named him in Al Hussayen? Answer: better than a year! But he has found me out today and I am making it right - I am proud to have assisted Nevin AND McKay in Al Hussayen, and Scott is (as I said above) a great trial lawyer.  

OK Scott - you can send me the jersey now!

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 Way, Way, Way off topic - my daughter and baby lawyer is in Kentucky looking for work. If you are a Kentucky lawyer and need cheap help, this might be an opportunity. Her position as a City Prosecutor ended last month as Nampa outsourced the work to a county prosecutor. The love of her life raises horses in Versailles, so she is headed out this fall to prepare and take the Kentucky bar exam. Until then, it's another Mac loving lawyer looking for work. She can be reached here for now - unless she comes to her senses.

Now that's off topic!

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 I have previously confessed that I am an Apple Mac loving lawyer, and in my office I have all but converted the flock.  Only the former judge among us insists that the Dark Empire (Microsoft) produces the perfect "professional" pc.  Last week she said so while I helped her pack up the Vaio for another cross-country trip to that great Sony service center.  "It just won't run - probably a reaction to the Macs in this place."

But enough about Microsoft - if you hate the way lawyers bill (and most lawyers hate this too), consider the great blog post by Jay Shephard at his site The Client Revolution.  A lot of lawyers bill by the hour - so a simple five minute phone call can cost a client a tenth of an hour's time - and remember - "time is money." So a $300 hourly rate means that goofy five minute call ("can you tell me why that stupid judge set my trial for opening day of elk season?") can cost you $30.  That is the same amount of money you might spend for six 12-inch Subway sandwiches (chips and drink not included).  The point for us lawyers is that this kind of billing only benefits US.  And clients hate that!

Apple Stores serve up value - as Shephard describes. They want to make your "experience" better than that you get from other computer makers.  A simple "can I help you with that iPhone cover" can generate (given time) the sale of a Macbook Air laptop. The Macbook Air is a thing of beauty and likely a thing of great profits for Apple. So it is with lawyers - if the client trusts you with the little case, and you (as the lawyer) do a great job - maybe you will be trusted with the big case. We can do a better job as lawyers by adding value to the client, even if the value is certainty of price and the feeling that the client can call you without worrying about how much that call will cost.

So check out Shephard's post if you are at all interested.  And when you get ready to hire a lawyer for your case - ask about alternative fee agreements.  Some lawyers (including this lawyer) offer alternatives, like fixed fee agreements.  Most lawyers with experience can predict to some degree how much the typical DUI or battery case should cost.  Then we simply charge you that amount of money that we think fairly shifts the burden of risk in a particular case.  The advantage to the client is certainty.  You know the worst case when it comes to how much money you will spend.  And you can call the lawyer and ask that question which sounds like it might violate the "there are no stupid questions" rule, without worrying about how much the lawyer will charge you for his or her excellent advice.  

And go here to find out about the Questions You Must Ask Every Lawyer You Are Even Thinking Of Hiring.

Got a question about attorney billing?  Call or send a contact form to us here.

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