He Hanged Them High - A Book Review

Who isn't a fan of the old west?  Cowboys and Indians, pioneers, gunfight at the O.K. Corral, fur trappers - it's enough to get anyone's imagination going.  While I have a thing for teaching legal research, every now and again I stop with the research and check out other resources in our library.  One of those "other" resources is the book by Homer Croy entitled He Hanged Them High: An authentic account of the fanatical judge who hanged eighty-eight men.

What with this being the season of all things death and dead stuff - this book is great.  It talks about the life and times of Judge Issac C. Parker who was the only judge over western Arkansas and the Indian frontier in the 1800's.  In great detail, He Hanged Them High walks readers through the Judge's style of justice during the old west and talks about the men Judge Parker sent to the gallows as if the writer was an eye witness to events as they unfolded.  Thing is, Mr. Croy should be the hero of every District Attorney in the land as it makes Lone Wolf McQuade look like a rank amateur.

While I mostly like reading legal stuff, this was a fun read.  If you're looking for a historical and seasonal read, take a look at He Hanged Them High and you all have a Happy (and safe) Halloween!

This isn't going to end well

As is often the case in law and legal things, someone gets the short end of the stick.  Take for instance the poor lawyer.  I mean, lawyers often have a rough go of it; they file the complaint, go through discovery, fight in trial, hopefully win and then they get to fight for their fee(s).  Oh, the humanity!

Of course, you also have those lawyers who, for whatever reason, lose the case and then want to collect fees for services rendered.  Such was the case a few days ago when attorneys Kevin I. Shenkman and R. Rex Parris lost an appeal against the city of Palmdale.  Apparently, these two adventurous attorneys were trying to stop an election.  While the facts are a bit fuzzy, it looks like they won at the trial court level but when they formulated their preliminary injunction against the city, they used the word "and" instead of the word "or" which lead to an appeal and upon losing on appeal, they admitted, "We're the one's that screwed that one up."  

The thing with mistakes is that everyone makes them.  I make them, politicians make them, the guy standing by the water cooler makes them - EVERYONE makes mistakes.  The difference between my mistakes and these attorneys is that most people don't try to get paid after they make a mistake.

Which all brings me to my point.  Attorneys like to get paid when they work.  They don't care if they win or lose - they want to be paid; and I'm betting messrs Shenkman and Parris are no different.  Might I suggest, before they (or you) go and demand payment of fees (after losing a/your case), they/you take a look at:

• Lawyer's Manual on Professional Conduct (ABA)
• Collecting Your Fee: getting paid from intake to invoice (ABA)
• Legal Malpractice: the law office guide to purchasing legal malpractice insurance (West)

OK, to be clear - losing a case is not necessarily the result of malpractice, but you never can tell what a rabid client will do when, after telling him you lost his case, you then hand them your bill.  Best to play it safe and know what you're getting yourself into when next you seek to litigate.

Being called "Honorable" doesn't mean you are

There was a time when Chicago was the place to be if you wanted to be a corrupt public official.  Tammany Hall and Boss Tweed, Richard J. Daley, Barack Obama - all products from Chicago.  So, it may come as a surprise that in the land of darn near perfect weather, palm trees swaying in the wind, and beaches that are pristine and relatively medical waste free, Southern California has its share of crooked politics.

As it turns out, San Bernardino has had yet another scandal to rock its group of "public" officials.  Today, the San Bernardino Sun reported that City Councilman Chas Kelley pled guilty to perjury and misusing campaign funds for personal expenses.  Now, I don't know how much legal wrangling had to go on before he was outed as a corrupt official, but the fact that Mr. Kelly actually pled guilty shows he has some consideration for the legal process - so, kudos for that.  Of course, not to be outdone, charges were also filed against fellow City Councilman Robert Jenkins for stalking and identity theft.

Yep, politics takes another shot on the chinney chin chin.  What with public officials dropping like stockbrokers during a depression, might I suggest these "honorable" folks take a look at:

• White Collar Crime (West)
• Fraud Examination for Managers and Auditors (Viesca Books)
• California White Collar Crime and Business Litigation (Tower Publishing)

Politicians are sure showing their colors these days.  While it's never polite to kick a horse when it's down, it's nice to know that most (if not all) of these "honorable" people are as common as the rest of us.

You might want to rethink that one

In other news today is a story about a guy who planted two dry ice bombs at Los Angeles International Airport (LAX).  According to the Los Angeles Times article, the suspect, Dicarlo Bennett, did it because,“He was a prankster,” said LAPD Deputy Chief Michael Downing. “He thought it was funny.”

Funny, huh?  I'll tell you what's funny.  How about the fact that the entire terminal had to be shut down while the bomb squad was called in to deal with Mr. Bennett's "prank."  How about the fact that all of those planes were delayed and passengers who were connecting to those planes missed their flights.  Yeah, that's funny.  What would be REALLY hillarious would be to give every one of those passengers a baseball bat and the chance to show Mr. Bennett just how funny they thought his prank was.  I'm betting a few thousand smacks with a bat and Mr. Bennett wouldn't be so jovial.  Yeah, not so much.

Well, what with Mr. Bennett staring down on a couple felonies charges, I'm guessing not only is he not laughing but he might be in need of some serious legal research assistance.  Since we're dealing with Federal charges here (i.e. bombs at an airport) might I suggest Mr. Bennett takes a look at:

• Federal Sentencing: Law and Practice (West)
• Federal Procedure (West)
• Moore's Federal Practice (Matthew/Bender)
• Criminal Defense Techniques (Lexis)
• Federal Jury Practice and Instructions: Criminal (West)

Yep, Mr. Bennett is in for a whole lot of laughing.  Might I suggest he step back and think about his next prank before he winds up standing in front of a judge.  The punchline might be a bit more palatable.

Just when you thought you had a handle on it

The problem with writing a blog about how to do legal research is that some posts are easier to read than others.  I mean, I wrote a post last week that had me on the edge of my seat!  Today, not so much - but it's important that I put this information out there in blog land so that people are aware of things.

Which all brings us to today's post.  Specifically, how does a person prepare for the craziness of a trial.  See, there was this guy who came in the library the other day and he was literally freaking out of his mind.  He had filed his complaint, done discovery, went through the settlement conference, crossed all his T's and dotted all his I's and was now on his way to trial.  UGH,...the very thought of arguing his case in front of a jury, opposing counsel, the defendant, a judge, a bailiff, a court clerk, and a whold bunch of gawking spectators just freaked him out!  Good thing, then, that he came to the law library when he did so that I could help him settle down and prepare for his day in court.

First, I tell him to cowboy up, then suggest he take a look at:

• Jury Selection (West): Learn how to select a sympathetic jury;
• Opening Statements (West): Learn how to prepare an opening statement to the jury;
• Questioning Techniques and Tactics (West): Learn how (and when) to ask questions;
• Qualifying & Attacking Expert Witnesses (James Publishing): Learn how to bolster and/or knock out expert witnesses;
• Trial Objections (James Publishing):  Learn how to object to statements proffered by opposing counsel, witnesses, and expert witnesses;
• Examination of Witnesses (West):  Learn how to grill witnesses;
• Closing Arguments (West):  Learn how to sum it all up in a nice, tight package for the judge and jury

OK, there are a whole lot of other stuff you need to know about trials and trial prep, but those resources should help get you going.  Anyway, it sure helped the guy I was working with as he was able to tighten up his arguments and feel better prepared to tackle his case.

I guess the moral to this story is, if ever you find yourself in a bind and don't know where to turn, know that the good folks at your local county law library are always available to help you out.

And the day was going so well

You ever have those days where everything is going just perfectly and then something comes along and smacks you upside the head?  You, ever?!?  Happens to me more than it probably should.

The other day I had a guy come into the library.  Seems he had been charged with California Penal Code section 288.7 (intercourse with a child under 10 years of age).  Without missing a beat, he launches into what all he has been charged with and ends with his declaration of innocence. 

Thing is, the job of a law Librarian is to give the same level of assistance to everyone regardless of circumstance or situation.  The other thing is that sometimes the people who come to me with these stories really are innocent and maybe have an ex-spouse, neighbor, arch enemy that has it out for them.  Fact is, I'm not in the judging business - that's what the people in the black dresses are for.  My job is to help people find legal resources - so I took him over to look at California Criminal Defense Practice (Lexis) and California Criminal Law: Procedure and Practice (CEB).  I also led him over to Criminal Defense Techniques (Lexis) as well as Wharton's Criminal Procedure (West) and he was off and running crafting his defense.

A few days later, a woman came into the library.  Seems her husband had recently been charged with California Penal Code section 288.7.  As people often do, she insists I read the case file to point out a few details and as I'm reading the facts, I hearken back to the guy I was helping a few days ago and my gut goes in knots as I realize...well, this is probably at least one reason substance abuse is even a thing in legal circles.  Anyway, woman needs some information about restraining orders so I lead her over to California Practice Guide (Rutter): Family Law (West) as well as Modern Child Custody Practice (Lexis) and Handling Child Custody, Abuse and Adoption Cases (West) and life goes on.

Most times, being a law Librarian is awesome; sometimes not so much - but we all go on with that smile on our face that says: "Bring it on, world!"  Regardless of your situation, know that your local county Law Librarian has the acumen and skills to help you get where you need to be.

Word of the month for October 2013: Unwritten Law

Few things are worse than being prepared then being blind-sided by some obscure unwritten rule.  It's those unwritten rules that get you every time.  You know what I'm talking about - those rules that "everyone" knows about but never talks about because, well, everyone just knows them.  Like, you don't spit against the wind, you don't tug on superman's cape, you don't pull the mask off the Lone Ranger, and you never, EVER walk across the pitcher's mound on the way to the dugout.

Which, amazingly enough, brings us to our word of the month: UNWRITTEN LAW.  According to Black's Law Dictionary (West), Unwritten Law is a rule, custom, or practice that has not been enacted in the form of a statute or ordinance.

As far as law and legal research are concerned, Unwritten Laws are all over the place.  For example, the Supreme Court has ruled that the due process clause of the Fifth and Fourteenth Amendments to the U.S. Constitution protects the right to privacy.  Problem is, the word "privacy" isn't even mentioned in the Constitution and, hence, falls under the unwritten law category.  For an examination of privacy, might I suggest you take a look at Libel and Privacy (Aspen), Privacy and Data Security Law Deskbook (Aspen), Torts in a Nutshell (West) and Privacy Torts (West).

In commercial law, (specifically, under the Uniform Commercial Code) merchants often resolve their disputes by use of custom, trade usage, and generally accepted practices in a particular industry.  Excellent resources as they related to the UCC include Damages under the Uniform Commercial Code (West), Commercial Damages: A Guide to Remedies in Business Litigation (Lexis), and Uniform Commercial Code (West).

Finally, the very nature of common law is comprised of decisions which were never written down and are often based on gut reactions to situations and standards that have evolved over hundreds of years.  A few (actually interesting) titles relating to the common law might be Restatement of the Law (ALI), Handbook of Common Law Pleading (West), and Readings on the History and System of the Common Law (West).

Yep, there are a whole lot of unwritten laws out there in legal land.  If ever you find a need to see if you're violating any one (or all) of them, head on over to your local county law library and get educated on where you stand.