Skip to content
Maintankadin

Prosecution or Defense?

Dorvan
Wed Jul 15, 2009 2:55 pm

Prosecution or Defense?

I thought this would be an interesting question: particularly for the pundits among us, but really just about anyone. Do you see yourself preferring to work as a prosecutor or defense attorney? Why?
Dane
Wed Jul 15, 2009 3:09 pm

Re: Prosecution or Defense?

Realistically, neither. My parents have tried many times to get me into law (follow in their footsteps and all...both mom and stepdad are attorneys) but our system drives me bonkers. Plus, I already annoy my wife and stepson with my argument style...which I learned at my parents knees. Doing it professionally (and thus, bringing it home) would probably leave me a single man.

If I had to choose...prosecution.
Minnerva
Wed Jul 15, 2009 3:15 pm

Re: Prosecution or Defense?

I can see it now "DORVAN ATTORNEY AT LAW"
one of the room mates that shares the house were I been staying at, its like a dorm but just for anyone that wants to share the rent and you get a room. well he states that prosecutions are more active because there is more people trying to sue than there is people trying to defend from it. even banks and mortgages hire prosecutor for arbitrary cases, FYI most banks are now doing arbitrary which means you don't get a trial by court, they have a lawyer that looks at your case and the bank's case and decides who wins, but if he picks you over the bank then he gets fired.
fuzzygeek
Wed Jul 15, 2009 3:35 pm

Re: Prosecution or Defense?

Minnerva wrote:they have a lawyer that looks at your case and the bank's case and decides who wins, but if he picks you over the bank then he gets fired.


I laughed.
Fridmarr
Wed Jul 15, 2009 3:39 pm

Re: Prosecution or Defense?

Minnerva wrote:I can see it now "DORVAN ATTORNEY AT LAW"
one of the room mates that shares the house were I been staying at, its like a dorm but just for anyone that wants to share the rent and you get a room. well he states that prosecutions are more active because there is more people trying to sue than there is people trying to defend from it. even banks and mortgages hire prosecutor for arbitrary cases, FYI most banks are now doing arbitrary which means you don't get a trial by court, they have a lawyer that looks at your case and the bank's case and decides who wins, but if he picks you over the bank then he gets fired.

Well, I wouldn't agree to use an arbitrator that relies on the corporation/bank for income.
Dorvan
Wed Jul 15, 2009 3:51 pm

Re: Prosecution or Defense?

Fridmarr wrote:Well, I wouldn't agree to use an arbitrator that relies on the corporation/bank for income.


In all reality it's written into all kinds of service agreements. They individual arbitrators aren't directly paid by the corporations, but in these contracts it's the corporation that gets to choose what arbitration agency to use, which creates a huge conflict of interest for the arbitration agencies.
Fridmarr
Wed Jul 15, 2009 3:54 pm

Re: Prosecution or Defense?

Arbitration is written to such agreements, but I haven't seen any where it was an arbitrator of the corporation's choosing. At least, I haven't signed any with such wording. That might vary by state though.
Dorvan
Wed Jul 15, 2009 4:02 pm

Re: Prosecution or Defense?

Fridmarr wrote:Arbitration is written to such agreements, but I haven't seen any where it was an arbitrator of the corporation's choosing. At least, I haven't signed any with such wording. That might vary by state though.


When negotiating on the choice of arbitrator, who do you think is going to have the upper hand in terms of knowledge of the situation? Who do arbitration services have an incentive to serve? Mandatory arbitration clauses are terrible for consumers, and essentially unavoidable in the current legal climate.
fafhrd
Wed Jul 15, 2009 4:23 pm

Re: Prosecution or Defense?

pros of course, who would want to defend people, pfft. If they need defending they shouldn't have gotten caught.

Image
randomjibberish
Wed Jul 15, 2009 4:27 pm

Re: Prosecution or Defense?

Dorvan wrote:I thought this would be an interesting question: particularly for the pundits among us, but really just about anyone. Do you see yourself preferring to work as a prosecutor or defense attorney? Why?

Are you talking about civil or criminal?
Dorvan
Wed Jul 15, 2009 4:30 pm

Re: Prosecution or Defense?

randomjibberish wrote:
Dorvan wrote:I thought this would be an interesting question: particularly for the pundits among us, but really just about anyone. Do you see yourself preferring to work as a prosecutor or defense attorney? Why?

Are you talking about civil or criminal?


Would it make a difference?
Fridmarr
Wed Jul 15, 2009 4:32 pm

Re: Prosecution or Defense?

Dorvan wrote:
Fridmarr wrote:Arbitration is written to such agreements, but I haven't seen any where it was an arbitrator of the corporation's choosing. At least, I haven't signed any with such wording. That might vary by state though.


When negotiating on the choice of arbitrator, who do you think is going to have the upper hand in terms of knowledge of the situation? Who do arbitration services have an incentive to serve? Mandatory arbitration clauses are terrible for consumers, and essentially unavoidable in the current legal climate.

Well that's what your lawyer is for. Unless you are saying it's not really possible to have a neutral arbitrator. I would agree that mandatory arbitration is unavoidable and generally more desirable for corporations, but I'd disagree that arbitration is generally is unfair.
Fridmarr
Wed Jul 15, 2009 4:34 pm

Re: Prosecution or Defense?

Dorvan wrote:
randomjibberish wrote:
Dorvan wrote:I thought this would be an interesting question: particularly for the pundits among us, but really just about anyone. Do you see yourself preferring to work as a prosecutor or defense attorney? Why?

Are you talking about civil or criminal?


Would it make a difference?

It would for me very much. In Civil cases, for me the decision is easy, I'd choose defense. For criminal I'm undecided.
Lumennon
Wed Jul 15, 2009 4:38 pm

Re: Prosecution or Defense?

Prosecutor. You have to defend too many scumbags as a defense attorney.
Grehn|Skipjack
Wed Jul 15, 2009 4:39 pm

Re: Prosecution or Defense?

Defense. I'd never lose. The Chewbacca Defense is unbeatable.
aranil
Wed Jul 15, 2009 4:45 pm

Re: Prosecution or Defense?

Grehn|Skipjack wrote:Defense. I'd never lose. The Chewbacca Defense is unbeatable.

Chewbacca defense?
randomjibberish
Wed Jul 15, 2009 4:58 pm

Re: Prosecution or Defense?

Dorvan wrote:
randomjibberish wrote:
Dorvan wrote:I thought this would be an interesting question: particularly for the pundits among us, but really just about anyone. Do you see yourself preferring to work as a prosecutor or defense attorney? Why?

Are you talking about civil or criminal?


Would it make a difference?

Yes.

Civil trials I'd go defense.
Criminal trials I'd go prosecution.
Lightbeard
Wed Jul 15, 2009 5:32 pm

Re: Prosecution or Defense?

*walks in to theme of People's Court*

All rise for Judge Colin
Tasartir
Wed Jul 15, 2009 7:16 pm

Re: Prosecution or Defense?

Lumennon wrote:Prosecutor. You have to defend too many scumbags as a defense attorney.


and the amount of stupid people, just trying to make money, you'd be working for?
Flipthebird
Wed Jul 15, 2009 8:01 pm

Re: Prosecution or Defense?

Lumennon wrote:Prosecutor. You have to defend too many scumbags as a defense attorney.


I'd work at my own firm as Defense, so I could choose who I want to represent. Like those people who get sued by burglars who hurt themselves on the burglaree's property...and stupid suits like that.
Lightbeard
Wed Jul 15, 2009 8:30 pm

Re: Prosecution or Defense?

Flipthebird wrote:
Lumennon wrote:Prosecutor. You have to defend too many scumbags as a defense attorney.


I'd work at my own firm as Defense, so I could choose who I want to represent. Like those people who get sued by burglars who hurt themselves on the burglaree's property...and stupid suits like that.


fight da powah
Makaijin
Wed Jul 15, 2009 8:34 pm

Re: Prosecution or Defense?

Flipthebird wrote:
Lumennon wrote:Prosecutor. You have to defend too many scumbags as a defense attorney.


I'd work at my own firm as Defense, so I could choose who I want to represent. Like those people who get sued by burglars who hurt themselves on the burglaree's property...and stupid suits like that.


This may make me sound stupid, but in terms of skill, I'd say that a lawyer that can can successfully defend a blantant murderer to walk out not guilty is alot harder than a prosecutor. Most prosecuters wouldn't normally sue unless they have adequate evidence available. I always thought that prosecuters are about enforcing on how someone has broken a certain "rule" whereas a defendant has his work cut out in digging up loopholes in the law.

So yea, defending mass murderers and serial rapist aren't exactly morally correct, but it takes skill and hard work and does wonders for your reputation. Which is rather ironic the more i think about it.
Snake-Aes
Thu Jul 16, 2009 5:34 am

Re: Prosecution or Defense?

The verb "to take", in Portuguese, can be used in the meaning of drinking.
With that knowledge in mind...

Lawyer 1: Whew! That was intense. Let's take something?
Lawyer 2: From who?