for the defense for the defense - Voice For The Defense Online

Goal—Increase dialogue with other sections of the Bar,identify areas of common interest, and collaboratewith those other sections to promote the interestof TCDLA and its members.Criminal defense lawyers have often been unawareand/or unwilling to seriously consider the impact ofother practice areas. Other areas of practice are increasinglyinfluencing policy and practice of criminaldefense. From a policy standpoint, the criminalizationof conduct that used to be considered “civil” in naturehas increased. As this has occurred, it is critical for acriminal defense lawyer to be educated and aware ofdevelopments in areas of the law that could impact therepresentation of those accused, both in the investigativeand litigation phases of criminal defense practice.The strategic planning committee has identifiedthree areas of practice where TCDLA should considercollaborative continuing education events. It is importantto have increased communication with leadershipfor purposes of informing and influencing policy, as wellas keeping lawyers up to date on changes in the law. Thecommittee felt that the areas of Family Law, ImmigrationLaw, and Bankruptcy Law are areas TCDLA shouldspecifically target for collaboration over the next fiveyears. The following is an example of why an area suchas Family Law should be the subject of collaboration.Family Law and Criminal Law are areas where coordinationbetween TCDLA and the leaders of the FamilyLaw Bar is a necessity. Many attorneys only practice inone of the above areas and yet are consistently involvedin litigation that can impact each area of any given case.For instance, many family law practitioners are makingdecisions to conduct hearings on a protective orderapplication following their clients’ arrest for assault inthe context of a pending or potentially pending divorcecase. Another example of this scenario occurs when achild abuse allegation has been made and there are civilproceedings relating to the termination of the parentchildrelationship, in which hearings are being heldand discovery is being instituted. In these and othersituations, it is critical for the civil/family law attorneyhandling the matter to be educated on at least someof the basic principles of criminal defense so that theclient may be properly advised. In many instances, thebest advice is to decline to participate in the processaltogether. The strategic planning committee has madeinitial contact with leaders of the Family Law Bar, andthere is definitely an interest in a potential continuingeducation event taught by both criminal and family lawpractitioners. Such an interdisciplinary seminar mayopen the eyes from “both sides of the aisle” when itcomes to handling cases with both criminal and familylaw aspects. It is hoped that TCDLA will work with theleadership of the Family Law Bar to institute an initialcontinuing education event in 2012 or 2013. Anotherarena for linkage between criminal and family law is inthe area of policy influence. Both areas of practice aregoverned largely by “code.” Thus, it is critical that communicationand potential collaboration in the area oflobbying the Legislature be strongly considered.The practices of many TCDLA members includeboth criminal and family law. It is important to rememberthat TCDLA should assist those members as much asthose who have more specialized practices. Regardlessof this factor, even a specialized criminal defense lawyerwho handles cases involving child or spousal abuse allegationsshould be educated to a certain extent on thefamily law perspective of such situations. Further, theimpact on policy cannot be underestimated either. Afterall, the family law lobby may carry more weight withcertain legislators than TCDLA. Teaming together mayhelp to produce optimal results in any given situation.Recent Supreme Court decisions relative to theimpact of convictions for certain crimes on a person’simmigration status in the U.S. have made it imperativefor most criminal defense attorneys to at least have arudimentary understanding of immigration issues incriminal cases. A regular effort should be made to keepcriminal defense attorneys up to date on developmentsin immigration law. These impacts are constantly changingand being revised. It will be a continuing project andshould be a regularly scheduled continuing educationcomponent for TCDLA.MarketYourLaw FirmPublicize your practice bylisting your photo and bio on theTCDLA website in lawyer locator.For information, emailtcasares@tcdla.com