Remember, no matter how difficult your victim may be, that they deserve your respect and kindness. At the end of your career you will have handled hundreds, if not thousands of cases; for your victim, this may be the only time they are ever involved in the criminal justice system. Also, in dealing with advocacy groups like MADD, etc., you do not always need to agree with them, but they do deserve a chance to get an explaination. Treating them with respect goes a long way to having them on your side - like when you need them to sit in court for sentencing. Finally, always treat the press with respect. Return their calls, answer their questions when possible and explain why you can't when you can't. They will be covering the story anyway - how you treat them will affect how they treat you.

Although my office is right next to yours, you're not here today, and I think others would appreciate an understanding of the "knee" post...

While it might seem tedious, at the end of every day or docket, whatever the case may be, take a minute and write down how many hearings, pleas, dispositions, etc. you had and who you dealt with on each case. Keep a list in file somewhere. Besides being able to give you some persprective on what you have accomplished, one day you are going to want to become board certified and you are going to need all that information.

Make sure to make copious notes about your plea offer and any modifications to the offer that you have made. I have had a number of defense attorneys either intentionally or accidentally think I have modified an offer that I never changed. If you have a habit of ALWAYS documenting any plea offers and modifications, you'll know when they're right and when they're full of it. It also allows other prosecutors to come behind you and handle your cases knowing the status of any plea offers.

v

OK, I have shamelessly posted to move this topic to the top one last time. If anyone has any sage advice to pass on to newbies, please post now....the conference begins on the 10th of Jan.

Sheesh, wish I had heard some of these gems when I was more of a baby prosecutor than I am now... I have made so many of these mistakes! Hmmm, big mouth writes check behind can't pay... taking defense attorneys' fights personally... letter to the editor that accidentally included my signature file from the work email system (OOPS!)...

Best advice I would give to a baby prosecutor is, pick something to really specialize in. Whether it's DWIs or assault family violence or possession cases... pick something you have a special interest in and do everything you can to learn all about it. Spend time outside of work to increase your knowledge and expertise. It makes work more interesting, you can benefit your colleagues, and you will grow in value to your office.

And learn when to keep your mouth shut! You never know who is friends with whom. If you want to vent, wait until you get home. Don't limit yourself to membership in one clique or another.


g

Treat law enforcement officers like human beings whose butts are on the line every day for really pathetic pay, instead of like a group of uneducated morons. Take the time to talk to them and develop relationships - they will more often vent about your "mistakes" to you instead of in the local coffee shops. The hour that I spend every day at our Sheriff's Office drinking coffee with our deputies provides me more information than I will ever need, but also gives me the opportunity to educate with "lecturing".

Also, if you have burned bridges with court staff, clerk's offices, etc., before reading the bits of wisdom offered in the above replies, nothing says "forgive me" like homemade cookies, brownies, etc - you could even use fried pies on this one too! If you aren't a cook, treat those you have offended to lunch. If you just can't bear to spend THAT much time with them, have flowers or other gifts of repentance delivered. Most employees of these offices subscribe to the "guilt is the gift that keeps giving" theory, and nothing stops that attitude faster than a peace offering. By the way, married men, this also works at home...

To My Colleague Ben Leonard: I probably approach things differently than most prosecutors:
1. Cross-Examination: Get In, Get What You Want, And Get Out. It doesn't have to be a lengthy process. Actually, a "short" cross can be very effective.
2. Expert Witnesses: Force the defense attorneys to do your "direct". Here's what I mean. I have never taken more than 30-40 minutes on a DNA expert. It almost always catches the defense attorney off guard. I've talked to enough juries to know that--regardless of the type of "scientific evidence" you are presenting--they want to know two things: (1) was the protocal correct? and (2) what were the results? The defense can usually put the jury to sleep.
3. Always be courtesous to the Court Reporter, Coordinator, and Bailiffs. It is amazing what a simple "thank you" at the end of the day can do for you. While it is true that the Judge can make your life miserable at any one moment in the trial, the other collection of people can make your life miserable for hours on end!

Ben, one thing I tell new lawyers here is that there are things I have learned, either the hard way or by occasionally paying attention when I worked in Cowtown, that are now merely habit. It just does not occur to us to explain them.

When I started, we were instructed to watch other lawyers try cases, especially more experienced lawyers - and that applied to defense attorneys as well. That helps a new lawyer learn what questions to ask. I will gladly explain why I put witnesses on in a particular order or why I phrased a question in a (seemingly) odd way, but once we learn it, we all tend to assume we were the last one to figure it out, not the first, or most likely merely the middle of a long chain of prosecutors trying to do things better.

I also like to watch a defense attorney I am scheduled to try, so I can steal parts of their voir dire and prep witnesses for cross.

Enjoy the educating.

I have emailed the great Judy Bellsnyder and these pearls will be strung for every learner at the conference. Please keep your ideas coming over the holidays. Ours is one of the few professions which encourages plagiary! There are few things more flattering professionally than to drop in on a trial and see a young lawyer trying one of your old standbys.

John Hawkins of Denton always points out that voir dire begins when you leave your house on jury selection day. Carry yourself with professionalism as you approach the building; watch your conversation on the elevator and in the hallways. The people surrounding you may be on your panel. Don't gesture "number one" to the guy who cuts you off on the way to the courthouse....you could see him again. For folks in especially small counties, voir dire never ends.

My 4-year-old nephew recently gave me this gem when I complained about the bad cards he kept dealing to me in a game.

"Aunt Lisa, you get what you get. Don't throw a fit." (Some brilliant day-care worker coined this for snacktime).

Translation - keep your cool when you don't get your way. I can't tell you how many times I've had to hold my breath and count to 10 . . .

I would like to reiterate the prior postings about being polite to court staff and the personnel in the clerk's office. I clerked for a bankruptcy judge during law school. One of the Judge's major pet peeves were attorneys who were rude to his staff and the staff in the bankruptcy clerk's office. It was absolutely the best way to get on the Judge's bad side--a place where an attorney doesn't want to be.

Janette Ansolabehere

Still a newbie myself, my judges have taught me, not just on the "big" cases, but on all victim cases you should be able to assure the judge you have communicated with your victim. Victim approval, is not always a must, but if the victim doesn't like the deal have them available to explain to the court why and then be able to justify your offer. There is nothing worse than to be in the middle of a plea on a theft case where the property was recovered nonetheless and have the judge ask if the victim was contacted about the deal. Maybe it's a local thing, but for some courts it matters.

I thought I would revive this thread because Baby School begins this coming Sunday. I hope we will add to the good advice for this next generation of Texas prosecutors. Ideas?

Take some time to talk to the more experienced lawyers in your office (if available) and observe hearings and trial to learn about the little idiosyncracies of the court in which you're going to practice. For example, one of our judges has a distinct pet peeve (and is not shy about expressing it such that the jury is left with the distinct impression that you don't know what you're doing) about asking that someone be identified "for the record." Our federal judge has an ironclad, albeit unwritten, rule against putting your briefcase on the counsel table. Learning the little nuances can give you an air of proficiency and confidence much more quickly.

Also, try to get along with at least some of the defense bar. Most of them are only the enemy in court. A collegial relation with defense lawyers can give you invaluable insight into how your presentation style is seen from the other side of the bar. It also can give you a heads-up in case you're being targeted because of your offers (or other reasons).

Finally, bearing all the preceding advice in mind, remember that you're not going to make everyone happy. But when someone does get irked, stop, take a breath and remember who you're dealing with. Victims, jurors and members of the public who call your office are voters, too, and your boss probably is mindful of that status. Judges can take it personally when you cast your disagreements with them in a personal or condescending manner (as can supervisory lawyers in your office). The moment you take to cool down before responding will come back to you in respect and higher professional regard down the road.

Learn the words to the theme song from the Underdog Cartoon Series. (Don't ask why - just do it)

Always take a second to look up a statute or case before you stand up to talk about it. Even if you think you remember it perfectly, your memory can still fail you or the legislature may have changed something.

Also, always read and re-read your charging instrument before the day of trial. There's nothing worse than standing up to read the indictment or information to the jury and finding an error in it.

Passionate closing arguments lose their impact when you spit on the jury or when your fly is open.

When you bring case law to court, bring two extra copies...one for the Court and one for defense counsel.

And always, always, always shepardize those cases. If it is totally good law, you might keep that to one copy, until the defense atty tells the court that it is bad law, then you can whip out your good law indicating shepards.

On the other hand, if the case has been distinguished, be sure to be the first to tell the judge that as well, and be sure to be able to point out why (if it is)distinguishable from those cases that might alter it's holding.