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Wednesday, March 21, 2012

Curiosity only Kills the Cat

My yellow-haired cat, Amber, is generally the one I yell at. Caramel, Buddy and Frisbee (although their names sound suspicious) are fairly sanguine around the house. But Amber is forever searching and discovering, climbing and unearthing. She is a cat in motion.

Although this means she frequently topples things she examines, at times causing frustration, she - like the best attorneys for the defense - is fun to watch.


If there is an insect, she finds it. She eats the bugs, catches the flies and stays nimble with her constant attention to detail. Although her digging can be a source of despair for us, she keeps us informed of anything lost or out of place, as well as anything unwanted. Some day she may topple over the side of the 2nd story balcony wall, to her harm, but today she remains nimble.

The defense attorney is quite often true to Amber's temperament. Usually the introvert, they are a mind at work. Once again, curiousity is the best defense for someone charged of a crime. And as long as nothing gets in the way of their incessant digging, the temperament of the introvert, the defense, will persist. They will dig and dig, exploring constitutional rights of their client and whether they were broken, determining the charges and the circumstances around them, exploring the respect for the 4th and 5th and 14th amendments.

A defense attorney's curiosity strengthens the defense of the accused. Emotion harms it. Respect to those involved - the prosecution, the law, the investigators and witnesses - while asking questions that dig deeper and deeper, create awe for us observing. No whiny defense attorney is going to win cases. Usually, that kills the defense. But the insightful and respectful asking of questions causes minds to be opened.

Curiousity only kills the cat. Just because a prosecutor may be outspoken and rash doesn't mean defense needs to act the same. Staying curious and objective on behalf of your client is key.

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