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Tuesday, July 08, 2014

STATE VS FEDERAL COURT

The gauntlet has been thrown down!

That known troublemaker David O Markus with a K,  has been fanning the fires on his blog here.  The agitators are in the comments section. 

Which system produces the better trial lawyer? State court or federal court. 

It would be interesting to speak with Judges Gayles and Bloom in a few months and hear their perspective. 

The ceilings may be higher in federal court, but that's just to fit the egos in the courtroom. And ego does not equal skill. 

See you in mediation*


* see DOM's post. 

9 comments:

Anonymous said...

The state system is far larger therefore it produces far more trial lawyers.

There is not a comparison in terms of talent - the state system has produced way more..

Anonymous said...

I have tried criminal and civil cases in both arenas. The Federal Courts are much more restrictive in terms of your voir dire and frankly issues that come up during trial that require real trial skill. Most discovery, evidentiary, etc issues are addresses in limine prior to trial in federal court and little is left for trial save the presentation of evidence, preservation of the record, and argument. In state court there is much more shooting from the hip, more leeway is given to interact with the jury and use your persuasion and trial skills to your client's advantage. My nature of the beast the state court system s more conducive to developing trial skill. Im not saying the federal system has lesser lawyers, it just doesn't allow them to exercise and practice their skills the way the state courts do.

Anonymous said...

BREAKING ASA Gayle Levjne in elevator and witnessed a police officer allegedly threaten to shoot a def atty. Levine refuses to hand up name of cop. More as it breaks.

Anonymous said...

I just read about the UM football players showing up to the Coral Gables Police Department and confessing to sex crimes. Where are the lawyers? Doesn't the athletic program at UM have some sort of protocol set up for when athletes get into trouble? Someone they can call for advice? Before they just show up at a police station and spill their guts after committing some type of alcohol-induced crime? This case could have been one that is massaged early on with administrators, law enforcement and the victim, but now with post Miranda confessions, the university and the State Atty are left with nothing but full speed ahead right over these 20 year old kids. For shame. Im not saying these guys, assuming guilt, don't deserve some punishment, but we've seen what happens with these schoolage, alcohol/drug sexual crimes in the not so distant past. Once we learn a little about the circumstances and the victim, these generally have a way of working themselves out. If only a lawyer would have been involved early on...

Anonymous said...

It's 1944 in the Ardennes forest. You are in a foxhole and German artillery is making your ears pop. Who do you want next to you to watch your back? A veteran state court litigator or someone who is more worried about his uniform being tucked in properly.

Anonymous said...

The feds pick and choose their cases carefully and investigate the shit out of everything they don't sting. Consequently most of the time they walk into court with an overwhelming amount of evidence,rules that favor them and an abundance of resources. The state system times brings out the best in lawyers because the cases, cops and witnesses are far from perfect, therefore the creative defender or prosecutor can swing the case.




Anonymous said...

So, I donated to a judge who drew no opponent. Now, that judge today mails me back a partial refund with a thank you note that says that the check absolutely must be cashed by 7/21/14 or the bank account will be closed by law.

Geeezzzeee. You wait months to send the money then give me 1 fucking week to cash it or else.

Kinda reminds you how judges treat us.

Anonymous said...

@230 pm - I don't want a litigator anywhere near me. They'd all be dead or ran away at that point anyway.

I want a trial lawyer .

This discussion is about trials. Litigators are ass clown poseurs.

Now straighten your tie and shine your shoes, son.

Anonymous said...

I too get a kick out of judges sending money back and telling me to cash the check immediately or the account will be closed.

Ok, then, why wait so long to send the money?