Book Review: The Devil in the White City

The Devil in the White City: Murder, Magic, and Madness at the Fair That Changed America
by Erik Larson



My book club read this book. It is a slow starter, but that was my experience reading Dead Wake by Erik Larson as well. It simply takes some time to set up the stories and the characters, so I think this is inevitable. But sticking with it and reading through to the end was certainly worth the initial effort. Setting the stories of the architects of the world's fair along side the stories of a serial killer and his victims was chilling but incredibly effective. And the tail-end of the book talks some about the investigation and legal case against the serial killer. This is truly a wonderful book.

Book Review: The Whistler

The Whistler
By John Grisham



After reading a couple of Grisham novels lately that weren't to my taste, I was very happy to find another that I loved. This book follows Lacy, an attorney working in the Florida Board of Judicial Conduct. She receives a tip about a judge who is completely corrupt and involved with a mafia in the panhandle of Florida. Murder, bribes, and legal thrills abound. This book is page turner, and I finished it in just a few days.

Book Review: Rogue Lawyer

Rogue Lawyer
by John Grisham



I read this book to fulfill a reading challenge category of a book where the protagonist has your occupation. Fulfilling this particular challenge wasn't difficult, as there are plenty of books about lawyers. As I've mentioned before I'm a fan of Grisham, and have read nearly everything that he's published. It starts out very gritty and dark, with a criminal defense attorney who takes on extremely difficult cases that no one else will touch. It later turns a bit, as the character becomes more likeable and human. Ultimately, this wasn't my favorite Grisham novel, as some of the critiques of prosecutors felt over the top (I work with a lot of prosecutors who are reasonable and good people), but as a defense attorney I could also relate to some of what he dealt with. So overall, a good book like his others, but not my favorite of everything he's written.

Book Review: The Rooster Bar

The Rooster Bar

by John Grisham

I really didn't like this book at all, which is surprising because I'm a big fan of Grisham. It is the story of law students who were not qualified to attend law school, and paid way too much money to get into the only school that would take them. They then decide to rip off a company to try to 'make it right' after practicing law without law licenses or even law degrees. But the characters struck me as naive and whiny. I borrowed money to go to law school, and finished at the height of the downturn in the legal economy. This meant essentially no jobs for my husband or for me. But we were practical and chose to go to law schools that didn't require borrowing six-figures. And we worked hard after law school to get our careers where we wanted them to be. And we both practice criminal law, so the story just struck me as self-centered, false, and immature. I didn't like it.

Book Review: Stiff

Stiff: The Curious Lives of Human Cadavers
by Mary Roach



I read this book to fulfill a Satire category in a reading challenge. Satire is the use of humor to expose folly of vice for the purpose of bettering the situation. I think this book fits that category, because when you really think about death, we often have silly or unrealistic views of what it looks like. This book is informative and funny, which is unexpected for a book about cremation, the funeral business, autopsies, medical dissections, and scientific cadaver donations. I learned quite a lot from reading this book, and had to ask a friend of mine (who is a mortician) whether the gruesome things that I'd read were really correct (spoiler: they were).

I am counting this as a legal-ish book, as County Attorneys in Nebraska are also County Coroners. Did you know this? County Attorneys have training on death investigation at their twice yearly continuing education seminars. Many also attend specific training out of state on the topic. In some counties, the County Attorneys go out on the scene, while in other counties this is deferred to Sheriffs or the State Patrol.

Book Review: G-Dog and the Homeboys

G-Dog and the Homeboys: Father Greg Boyle and the Gangs of East Los Angeles
by Celeste Fremont



This book is the story of Father Gregory Boyle and his work with the gangs. It is mostly a journalistic account, but the author does also discuss how her account cannot be wholly impartial, as after following Father Greg and some of the gang members for four years, she grew to care about what happened to them, as well as to want to alter the course of events in their lives for the better.
After reading Tattoos on the Heart, I wanted to know more. This book filled that role. I recommend it to others, but if you were only going to choose one, Tattoos on the Heart would be it.

Book Review: Tattoos On the Heart

Tattoos on the Heart: The Power of Boundless Compassion
by Gregory Boyle



This book was written by Father Gregory Boyle, a Jesuit priest who began working, and continues to work, in East L.A. with gang members. He created Homeboy Industries which endeavors to give jobs and tattoo removal to gang members, in hopes of pulling them out of the cycle of crime, poverty, abuse, and gang-banging that they are in. It has proved to be a very effective model.

I put this book in my Kindle wish list after hearing Father Greg and a couple of homies speak at a conference on children's law. The presentation was powerful. I finally got around to reading this book, and am glad that I did. I'm not sure what took me so long, really. It made me laugh, and it made me cry. I very much recommend it.

Book Review: In Cold Storage

In Cold Storage: Sex and Murder on the Plains
by James W. Hewitt



One of the judges that I regularly practice in front of recommended this book. It is set in the McCook area of Nebraska, an area that I am familiar with through my work. And several of the names of the attorneys and judges in the book are familiar to me as well. This book is a true story of the homicide and dismemberment of a married couple by another married couple. The story is sensational, and includes details of the flawed investigation. So fascinating that I'd recommend it to those even not from Nebraska, or even non-lawyers.

Book Review: The Racketeer

The Racketeer
by John Grisham



I really, really liked this book! It kept me guessing from the start to the finish. The main character is a lawyer who was wrongfully convicted in a financial scam, and is sent to federal prison. While there he gets information about a murder, and the story takes off from there. If you're a Grisham fan, you'll enjoy this one.

Book Review: The Anatomy of Motive

The Anatomy of Motive
By John Douglas and Mark Olshaker



I picked this book out from my husband's collection of Audible books, as I am a big fan of John Douglas and hadn't previously read this one. The book is about the FBI's behavioral analysis unit and their understanding of the various types of criminals and what motivates them. As a criminal defense and juvenile law attorney, I felt like this helped me to understand some of the folks that I come into contact with, as well as helped me to understand the training that law enforcement receives on the topic of motive. Really interesting stuff!

Book Review: Raising a Secure Child

Raising a Secure Child: How Circle of Security Parenting Can Help You Nurture Your Child's Attachment, Emotional Resilience, and Freedom to Explore
By Kent Hoffman, Glen Cooper, and Bert Powell



This was recommended to be by some therapists that I work with regularly on my cases, as it is the background for the Circle of Security Parenting curriculum that we often have parents go through as part of their case plans to reunify with their children. I've often heard these same therapists, as well as foster parents, say that the method helped them with their own parenting as well. I wanted to read the book and learn more about the curriculum that I advocate for parents to learn from. And I can say that this stuff makes good, common sense, but isn't a series of steps that you have to learn or do. It simply requires that you look at parenting in a framework of children needing to explore as well as be comforted, and parents needing to help children in this circle by being bigger, stronger, wiser, and kind. This book is fantastic, and I recommend that ALL parents read it, truly.

Book Review: Inside the Mind of BTK

Inside the Mind of BTK: The True Story Behind the Thirty-Year Hunt for the Notorious Wichita Serial Killer
By John Douglas and Johnny Dodd



I listened to this in audio, as my husband is a huge fan of true crime and had already purchased it from Audible. I've read John Douglas previously, and do enjoy his books, as he writes about his time in the behavioral analysis unit of the FBI and some of the cases that he investigated. This is about the BTK (Bind Torture Kill) serial killer who kept Wichita in fear for decades.

This book was very, very good. But the narrator is not good. He mispronounces words, and doesn't have an engaging voice. So I recommend the book, but not on Audible.

Book Review: Heinous, Atrocious & Cruel

Heinous, Atrocious & Cruel: The Casebook of a Death Penalty Attorney
By Terrence M. Lenamon with Brooke Terpening



I found out about this book at a seminar that I attended for trial lawyers in the fall of 2017. Terence Lenamon was one of our speakers, and had such powerful stories to tell about his work that I knew that I needed to buy his book. I picked this up on Kindle, and made a point to read only one chapter in a sitting so that I could really think about each of the stories. Each chapter is a story of Terence's interactions with former clients who were charged with murder and facing the death penalty. It was equal parts heartbreaking (for the victims of the crimes and for the defendants), and inspiring (in reminding me that clients are real people with real life stories and circumstances that have to be considered). I recommend this for lawyers and non-lawyers alike.

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What to do and know before your first meeting with a lawyer

Meeting with lawyers is often something that makes people anxious. I thought it would be helpful if I put together some tips for those meeting with a lawyer for the first time, based on my experience in working with clients. Some are dos and don'ts from meetings that have gone well or gone very poorly. Hope that you find them helpful.

1. Remember that lawyers are just people. There's no reason to be anxious or intimidated. We're here to help try to help you.

2. Schedule an appointment. Lawyers aren't Burger King. You don't get to just walk in and meet with a lawyer. Attorneys have other hearings and meetings, and projects to work on. Schedule an appointment so that you have the lawyer's full attention.

3. Know how long your appointment is scheduled for, so that you can be respectful of the attorney's time and other commitments.

4. Be on-time for your appointment. Again this is a way to be respectful of the attorney's time and other commitments.

5. If you can't make it to your appointment, or have hired another attorney, call and let the staff know that you are cancelling. Don't just no-show. It's rude.

6. If you think that documents, e-mails, text messages, photos, or anything similar are important to your case (or might be), bring them with you.

7. If there are particular people who know something about your case, bring their contact information (name, address, telephone number) with you, so that the attorney can get in touch if need be.

8. If your issue deals with a case already on file, bring the pleadings that you were served with. At a minimum, it is best if the attorney knows where the case is filed, and what the case number is.

9. Be respectful to attorneys and staff. Remember that we're all just people trying to do the best jobs that we can.

10. Don't be afraid to ask about the costs. But remember that attorneys may need to get some information from you about your case before they can set fees, retainers, etc.

11. If you don't understand what the lawyer means, say so and ask questions. Lawyers sometimes use jargon or terminology specific to an area of law, and may not realize that you don't understand.

12. Don't bring children, pets or other distractions to your appointment. Come ready to focus on the issue at hand

13. Remember that lawyers can't change the facts or the law. We can give you the best legal advice possible, and give you an idea of what you can expect. But we can't change the underlying facts or the law that applies to those facts, so we can't always give you what you want to hear.

What Happens if My Will Cannot be Located in Time?

I recently read a Nebraska Supreme Court decision, In Re Estate of Gilbert Fuchs, Deceased, 297 Neb. 667 (2017) in which Mr. Fuchs's will wasn't located until quite some time after he passed away. The Court had to decide what to do with this situation, and whether the will could even be probated.

Apparently Mr. Fuchs kept his paperwork in quite a state of disarray, with paperwork in vehicles, in totes, and all over his home. When vehicles would be sold, the buyers would package up all of the paperwork to be returned to Mr. Fuchs's Personal Representative.

The family was pretty sure that Mr. Fuchs had a will, but couldn't locate a copy after contacting local attorneys and the County Court (as Wills can be filed with the County Courts in Nebraska for safekeeping). Ultimately the Personal Representative, Mr. Fuchs's son, found the original will several months after he passed away, and several months after the probate proceedings had begun. This will differed substantially from how the law of intestacy distributed Mr. Fuchs's property. Unfortunately for Mr. Fuchs, and for his intended beneficiaries, the will was located too late. In Nebraska, the Uniform Probate Code requires that probate proceedings be commenced within 3 years of the date of death. Informal probate proceedings alleging that Mr. Fuchs died intestate (without a will) were begun shortly after his death. But a request to probate the will was commenced more than 3 years after his death. This subsequent request was denied as coming too late, and the Supreme Court upheld the lower court's finding.

It's an interesting case, but what does this mean for the rest of us? Well, it means that we need to make sure that our wills and other important paperwork is kept in a secure area, and that our loved ones know where this important paperwork is kept. Because if our loved ones cannot locate our will, then our wishes may not be carried out upon our deaths.

Oh No! My Loved One Was Arrested...What Do I Do?

This is a scenario that no one wants to find themselves in, but it unfortunately does happen. So your loved one is being/has been arrested, and you're trying to figure out what to do. Here are a few things to keep in mind and be aware of in the early stages of what appear to be likely criminal charges.

1. Don't interfere with law enforcement. If law enforcement is going to arrest someone, either on a warrant or because of conduct that they've been made aware of through an investigation, there is nothing that you can do to stop this. Don't hide a person that law enforcement is looking for, as that can be Obstructing a Peace Officer or Aiding and Abetting a Fugitive. Don't get in the middle of an arrest, as that can be Resisting Arrest or Obstructing. Let the arrest happen, and then deal with it after the fact. If you get in the middle of the situation, you can only make things worse, both for your loved one and for yourself.

2. Don't make statements to law enforcement, and advise your loved one not to either. I can't even tell you how many of my cases are proven largely by my client admitting to violations of the law, or by family members making statements that end up being harmful to my client. So the best course of action is to keep your mouth closed, and to advise your loved one being arrest to not make any statements either.

3. Hire an attorney as soon as possible. This should go without saying, but having an attorney involved at the earliest stages of a criminal case is important. Bond is set by the Court, and it's always helpful for the defendant to have an attorney to make a bond argument on his/her behalf. If there is no attorney involved, the defendant has to provide information to the Court directly, and could mistakenly make statements that can later be used against him/her. So the involvement of an attorney early on is important.

4. If the defendant can't afford an attorney, request a public defender as soon as possible. In most of the areas where I practice law, the public defenders are extremely qualified and excellent attorneys. So if a private attorney isn't in the cards financially, applying for the public defender is the next best option. And not delaying this application means that the public defender can begin working on the case as early as possible.

5. But don't think that a hired attorney or a PD can get a defendant out of jail in the middle of the night or on the weekend. In some low level cases, bonds are set by a schedule adopted in advance, so that people can post bonds and get out of jail right away. But for felonies or higher level misdemeanors, there aren't bond schedules. And it isn't required that defendants be brought before the Court for a bond setting until 48 hours. It simply isn't realistic to expect hired attorneys or PDs to be able to get defendants out of jail in the middle of the night or on weekends. Often we don't have the judge's cell phone number. And if we do, it won't do any good to make a call, as they're not going to set bond after a telephone call from one attorney. A hearing has to occur, where both the State and the defendant can make bond arguments. So don't expect middle of the night or weekend results. And don't buy into the hype from lawyers who tell you that they can achieve middle of the night or weekend results.

6. Be patient. I know that this is exactly the type of thing that people don't want to hear when their loved one has been arrested. But it's probably the single most important piece of advice. The wheels of justice turn slowly. Dismissals usually don't happen at the first hearing; and trials aren't immediate. It takes time to get discovery (police reports, photos, recordings, etc.) and plea offers. And it takes time for a criminal defense attorney to review this information and discuss it with a defendant. So even though it's terribly difficult, be patient.

Interpreters: How to Work Well Together

I've written previously about speaking for court reporters, and the advice that I had then applies very much the same when speaking for interpreters. However, there are some differences. And there is more to working with an interpreter than simply speaking clearly. I thought it would be appropriate to devoting a blog post to this topic, as it comes up fairly regularly in my practice, but also would be useful information for other people as well.

#1: Speak slowly.
Most people speak too quickly, especially when they are nervous.  People are more likely to be nervous when in court or in a deposition, and this is when interpreters are trying to convey every word that you say.  Therefore, if the interpreter is going to be able to repeat everything in another language, you need to speak slowly.  Chances are that you are probably still speaking more quickly than you think, anyway.  This rule is even more important if you are using medical terminology or other specialized terms which the interpreter is not likely to encounter very often, or for which there may not be a direct translation and which may need to be explained to convey the meaning.

#2: Read even more slowly.  

People read much more quickly than they typically speak.  If the document that you are reading is important (and it probably is, or you wouldn't bother to read from it), then you should slow down while reading to make sure that the words are translated.

#3: Don't go off on tangents.  

If the interpreter asks you to repeat something that you have said, do just that—repeat only what you said.  Do not go off on a tangent explaining the concept or background story to the interpreter. The interpreter was not asking you to repeat yourself because s/he did not understand the concept, but only because s/he did not hear or understand the words that you said.  

#4: Do not interrupt or speak over another person.  

An interpreter can only take interpret the words of one speaker at a time.  When people talk over one another or interrupt each other, the record becomes muddled and the interpreter cannot keep up.  Wait until one person has finished speaking before you speak.  

#5: Answer out loud, using real words.  

Do not nod or shake your head, as an interpreter cannot convey this.  Try to minimize mmm-hmm, hmm-mmm, uh-huh, and huh-uh, as these are often difficult to hear, and may lack direct translations.  Use "yes," "no," and other real word verbal responses.  

#6: Minimize the use of slang.

Slang often cannot be directly translated, or even conveyed in a meaningful way to speakers of other languages. Minimize the use of slang, making the interpreter's job easier, and making for language easier to understand by the listener.

#7: There is a difference between a translator and an interpreter.

Did you know this? I didn't until an interpreter explained the difference. A translator changes language from one to another in written form. An interpreter changes language from one to another in verbal form.  

#8: Court certified interpreters really are better.

Interpreters who have gone through the process to become court certified interpreters really do a better job. They have the skills necessary to convey meaning from language to language, and understand that the role of an interpreter simply is to repeat what is said (to the extent possible). When it is possible to use a court certified interpreter, I recommend it.

#9: Interpreters are not lawyers, however.

So we cannot assume that interpreters understand legal concepts well enough to explain them if there is no direct translation. Some interpreters have been working in the court system that they do understand, but not all will. So attorneys need to ensure that they are explaining concepts, and not just trusting or assuming that the interpreter can or will.