Monday 15 July 2013

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Law attorneys  Biogarphy

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Roots of the modern right to counsel for the defendant who cannot afford to pay a private lawyer can be found more than a century ago. In Webb v. Baird, (6 Ind. 13), the Indiana Supreme Court in 1853 recognized a right to an attorney at public expense for an indigent person accused of crime, grounded in "the principles of a civilized society," not in constitutional or statutory law.
"It is not to be thought of in a civilized community for a moment that any citizen put in jeopardy of life or liberty should be debarred of counsel because he is too poor to employ such aid," the Indiana court wrote. "No court could be expected to respect itself to sit and hear such a trial. The defense of the poor in such cases is a duty which will at once be conceded as essential to the accused, to the court and to the public."
The Sixth Amendment to the United States Constitution states: "In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence." The right to counsel in federal proceedings was well-established by statute early in the country's history, and was reaffirmed by the U.S. Supreme Court in 1938 in Johnson v. Zerbst. The Webb v. Baird decision, however, was the exception rather than the rule in the states. Well into the 20th century, most states relied only on the volunteer pro bono efforts of lawyers to provide defense for poor people accused of even the most serious crimes. While some private programs, such as the New York Legal Aid Society, were active as early as 1896 in providing counsel to needy immigrants, and the first public defender office began operations in Los Angeles in 1914, such services were non-existent outside of the largest cities.
The United States Supreme Court developed the Sixth Amendment right to counsel in state proceedings gradually and somewhat haltingly in the 20th century. In Powell v. Alabama, the famous "Scottsboro Case" from the Depression era, the Court held that counsel was required in all state capital proceedings. (Read the Court's key reasoning.)
Only a decade later, however, in Betts v. Brady, the Court declined to extend the Sixth Amendment right to counsel to state felony proceedings. It was not until 1963, twenty-one years after Betts, that the Court again addressed the issue of the right to counsel in state proceedings involving serious non-capital crimes. In a dramatic series of decisions, the Supreme Court firmly established the right to counsel in virtually all aspects of state criminal proceedings.
The most significant decision on the right to counsel in Supreme Court history was Gideon v. Wainwright, which overruled Betts v. Brady. The Court unanimously held that an indigent person accused of a serious crime was entitled to the appointment of defense counsel at state expense. (Read the Court's key reasoning.)
Twenty-two state attorneys general joined petitioner Clarence Earl Gideon in arguing that Sixth Amendment protection be extended to all defendants charged with felonies in state courts.Four years later, with its decision in In re Gault, the Supreme Court built on the Gideon decision to extend to children the same rights as adults by providing counsel to the indigent child charged in juvenile delinquency proceedings. The right to counsel in trial courts was significantly expanded again when the Court, in Argersinger v. Hamlin, extended the right to counsel to all misdemeanor state proceedings where there is a potential loss of liberty.
The decisions in Gideon, Gault and Argersinger are the best known of the right-to-counsel cases in the Supreme Court, but they were part of a broader array of decisions rendered by the Court in the past three decades, all of which protect the right to counsel for people who cannot afford to hire a private lawyer. The Court recognized the low-income defendant's right to counsel at such critical stages of criminal proceedings as:
post-arrest interrogation, in Miranda v. Arizona in 1966, and Brewer v. Williams in 1977;
line-ups, in United States v. Wade in 1967;
other identification procedures, in Moore v. Illinois in 1977 (one-person showups);
preliminary hearings, in Coleman v. Alabama in 1970;
arraignments, in Hamilton v. Alabama in 1961; and
plea negotiations, in Brady v. United States and McMann v. Richardson, both in 1970.
After conviction, the indigent defendant is constitutionally guaranteed the right to counsel in:
sentencing proceedings, per Townsend v. Burke in 1948, and United States v. Tucker in 1972;
appeals of right, per Douglas v. California in 1963; and
in some cases, probation and parole proceedings, per Mempa v. Rhay in 1967.
In addition, the right to counsel for indigent defendants often extends, under state or federal law or practice, to collateral attacks on a conviction as well as a range of what might be called " quasi-criminal" proceedings involving loss of liberty, such as mental competency and commitment proceedings, extradition, prison disciplinary proceedings, status hearings for juveniles, some family matters such as non-payment of court-ordered support or contempt proceedings, as well as child dependency, abuse and neglect situations.
Finally, in any criminal proceeding in which counsel appears, the defendant is entitled to counsel's effective assistance, under Strickland v. Washington, decided in 1984.
These diverse requirements under the federal Constitution, often supplemented by more stringent state standards, created enormous pressures on the lawyers who provided indigent defense. The mandate of the Gideon, Gault and Argersinger decisions, as well as the Supreme Court's requirement to provide counsel at all critical stages of a prosecution, meant that government would have to assume vastly increased costs for providing counsel to the poor. Policymakers began to think about more systematic ways to deliver constitutionally required defense services.
The first significant efforts to systematize and standardize the provision of indigent defense services occurred in the early 1970's. In 1973, the National Advisory Commission on Criminal Justice Standards and Goals (NAC) wrote a basic set of standards governing indigent defense systems. The next year, the U.S. Justice Department convened the National Study Commission on Defense Services, which issued its comprehensive  Document Guidelines for Legal Defense Systems in the United States (msword, 96 Kb) in 1976. Today, a comprehensive web of standards at the national, state and local levels governs the provision of indigent defense across the country. In 2000, the U.S. Justice Department compiled all these standards in a single compendium.
But serious problems remain. As the Justice Department found, in its 2000 report (in pdf format), Improving Criminal Justice Systems Through Expanded Strategies and Innovative Collaborations:
Standards are frequently not implemented, contracts are often awarded to the lowest bidder without regard to the scope or quality of services, organizational structures are weak, workloads are high, and funding has not kept pace with other components of the criminal justice system. The effects can be severe, including legal representation of such low quality to amount to no representation at all, delays, overturned convictions, and convictions of the innocent. Ultimately, as Attorney General Janet Reno states, the lack of competent, vigorous legal representation for indigent defendants calls into question the legitimacy of criminal convictions and the integrity of the criminal justice system as a whole.
William H. Ginsburg, the attorney most famous for representing former White House intern Monica Lewinsky during a sex scandal involving President Bill Clinton, died after a long battle with cancer. He was 70.
Before his involvement in high-profile cases involving Lewinsky, Liberace’s remains, and the mysterious death of basketball player Hank Gathers, Ginsburg took a substantial case load from the pool and spa industry. In the 1970s and 1980s, he represented several manufacturers in lawsuits and often was quoted as an industry legal expert in Pool & Spa News.
In the late 1990s, he represented the National Spa & Pool Institute in the diving board case that eventually forced the organization to declare bankruptcy and reorganize under the name the Association of Pool & Spa Professionals. According to his family, Ginsburg tried more than 300 cases in 21 states, then retired from litigation in 2009 to work solely on his mediation and arbitration practice. He is survived by his wife, Laura, three children, two grandchildren, his mother and brother.
Many people are not aware that our 16th President was an accomplished divorce lawyer prior to his presidency. His schedule was prodigious in this field, and he handled over 140 divorce cases in his law career. According to the Sons of Union Veterans of the Civil War in Middle Tennessee, Lincoln was one of the most sought after divorce attorneys of his time. It was found that Lincoln and his law partners handled between 1837 and 1861 over 131 divorce cases in 17 Illinois counties.
Most of Lincoln’s clients were women. Records indicate that 82 cases were brought before the courts by women. The courts granted successful divorces to women 79% of the time. Male plaintiffs obtained divorced only 69% of the time.
Most of the divorce cases centered around grounds for divorce for desertion, adultery, cruelty and drunkenness. Impotence, fraud and bigamy were also grounds recognized by the courts, but these cases were not as prevalent as grounds mentioned above. Almost 48% of the time, at least one of the grounds for divorce was desertion and 26% of the time adultery was the major cause given. Women were most successful when they sited drunkenness and cruelty getting a divorce 100% of the time when these grounds were given as cause.
Men were most successful when they sited adultery as the grounds for divorce. In 75% of these cases, men prevailed. When desertion was the major cause given, 72% of the cases men brought before the courts were successful.
Divorce was a viable option for antebellum Illinois women. They had much more access to this legal procedure than women in the east and those residing in the southern states. Most of the time, the women also retained custody of their children as well. By 1857, Illinois led the country in granting divorces for women plaintiffs. The language was quite interesting in many cases. In 1843, Sarah Hill sued William Hill for divorce on the grounds of cruelty and impotence. Sarah Hill claimed that William Hill was “ not a natural and perfect man” physically.Lincoln was successful in developing a reputation as the most successful divorce lawyer of his time.
Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

Law attorneys  Wallpaper Photos Pictures Pics Images 2013

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