Friday, May 23, 2014

Blog 22: Senior Project Reflection

(1) Positive Statement:
     I am most proud of my Block Presentation because I feel like I did really well. There quite a few people who approached me after my presentation to express how much they enjoyed it; one junior even asked for a referral for a mentor since her topic next year will also do something with law.

(2) Questions to Consider:
     (a)   AE
     (b)   P+

(3) What worked for me in the senior project is that I am more educated on my topic. I have always been curious about law, and doing a nine month project about it satisfied that curiosity. It was never a problem for me to go into my mentor's office, which is just a seven minute drive from iPoly, and ask my mentor or any other attorney any questions I might have that.

(4) If I had a time machine, I would go back and find more research. I already had a sufficient amount of research, but I still found myself looking for more information when creating my activities and power point. Another thing I would change would be slowing down when I talked during my Block Presentation. If I noticed I was talking too fast and Edwards commented on my time, I am pretty sure the audience also noticed and I am worried some people might not have truly understood the lesson.

(5) The senior project has been helpful in knowing more about the professional side of the world. Working with professionals has taught me to carry myself and appropriately approach a problem in such a way that does not offend a potential client (in any business), colleague, or competitor. For example, when I went in for mentorship, I had to wear professional attire. Talking with other associates at my mentor's office, I had to be courteous and clear with what I wanted to say, since they are on a time restriction.

Sunday, May 11, 2014

Blog 21: Mentorship

Literal:

  • Mentorship Log
  • Mr. Ramiro Cisneros at the Los Angeles Pomona Public Defender's Office

Interpretive:

  • One of the most important things I have gained is experience. It is very important for up and coming lawyers to have some sort of experience of what it is like in a court room if they wish to succeed. Another thing I have gained would be knowledge. I feel more  confident teaching a lesson now that I personally know what happens in court. Also, knowledge that if I or someone I know has to go to court, I am not "in the dark" on what is going on. 

Applied:

  • This helped me answer my EQ because it was when observing my mentor at mentorship that I figured out what my best answer is. I learned for myself how often plea bargains are use. Also, whenever I went to his office, the amount of time all lawyers put into a case.

Sunday, April 27, 2014

Blog 20: Exit Interview

  1. My essential question is, What is the best way a defense attorney can defend her client in court? My best answer is, The best way a defense attorney can defend her client in court is to negotiate a plea bargain. This is my best answer because according to, Plea and Charge Bargaining Research Summary by the Bureau of Justice Assistance, it is used 90% of the time. I have witnessed it in my mentorship being used many times. Also, there is less risked involved compared to trying to win a court case. In addition, usually the defendants are arrested for good reason, so there would be little reason to dismiss the case in the misdemeanor courts.
  2. I arrived at this answer fairly slowly. At first, I tried to research on what others thought the answer could be, but it was proven fruitless. It wasn't until I talked with my mentor on possible answers to my essential question that I realized this was my best answer. When he brought up plea bargains, it just made me realize how often it was used in court.
  3. Some problems I have faced was finding enough information on my topic or my answers. There aren't a lot of articles that have to do with the judicial system that isn't already common knowledge. No one really says, 'Just the other day, I went to court and had a great public defender!' They would be to ashamed. I overcame this by narrowing down my search, and reading some memoirs of defense attorneys.
  4. One of my significant sources would be my mentor, Ramiro Cisneros. Working under him gave me a lot of opportunities to ask questions and get first hand experiences. This goes without question that my next best few sources are my interviews with other defense attorneys. One of the articles that has best helped me so far is "Criminal Defense Strategies," from criminal.findlaw.com because it gives the reader a lot of advise that pertains to all of my answers.

Thursday, April 24, 2014

Blog 19: Independent Component 2

LITERAL:

  • I, Nisa Legaspino, affirm that I completed my independent component which represents 30 hours of work. 
  • My mentor, Ramiro Cisneros, helped me complete my independent component.
  • Click >here<, or the link to the right.
  • Similar to what I have done in the last component, I helped out around the office as much as I could. I made copies, filed, shredded paperwork, and become a delivery girl. I also was able to look at old cases and work one on one with my mentor to see if how I would handle a case is in line with what the lawyer really did. I also helped out with small tasks of researching information for cases or going over documents and taking notes for the attorneys.

INTERPRETIVE:

This is me trying to file, with no room in any office...

Not even half the boxes that I need to make copies for and file away.

My best friend, the copying machine, reminding me to always be organized since lawyers need a lot of copies of paperwork.

Cover of Penal Code, 2013 edition.


APPLIED:
  • This component has helped me answer my EQ in finding my third answer, to "win" a case. However, it is hard to prove your client not guilty if you yourself are not prepared or are not organized. The experience of going through the Penal Codes also showed me how serious it is to know what you are going to say and know how to appeal to the judge or jury. For example, when I was going over a suspect's phone records, it was my job as the :"attorney" to know how to interpret that information and to determine whether the information can help or hinder me. 


Saturday, April 19, 2014

DONE!!

I am so excited that done with my mentorship hours! I know that it would benefit me to continue, but it has gotten to the point that there isn't much for me to do anymore around the office. It wasn't as "exciting" to follow my mentor to the courtrooms seeing that lately he doesn't have many cases by the time I come in. Recently, his boss is on leave and put Mr. Cisneros in charge. Thusly, he spends his time in meetings while I shred or copy papers.

Thank you, Mr. Cisneros for giving me this opportunity, but I'm just happy I'm done with the required amount of hours.

Wednesday, March 26, 2014

Blog 18: Third Answer

What is the best way a defense attorney can defend her client in court?

The best way a defense attorney can defend her client is to win a trial, proving her client is 'not guilty'.

  • One way to do this is to disprove any of the prosecution's credibility as false.
    • Challenging the believability of the witness's story
    • #35 - Defense Strategies
  • It is best to work with the client and do whatever he or she want.
    • Some clients truly believe they are innocent and will make things worse for themselves if they are not on the same page as the attorney.
    • #8 - Five Problems Facing Public Defense
  • Do not get emotionally attached.
    • It can lead to bad decisions and it can lead to "screwing" the client over. Whether you dislike the client or feel bad for him or her.
    • Mentorship

It may seem obvious at first glance, but actually proving that your client is 'not guilty' is a complicated process.

Breaking News!

Do you remember this case?


   At my mentor's office, he has a new boss. Since he has the most experience, my mentor was made second-in-command. Because of this, my mentor was "in charge" or babysitting the case People vs. Olivia Culbreath. The reason for this is due to the family not knowing wether or not they could afford a private attorney. It was today at 3:10 when the defendant completed her arraignment, the official announcement that she will be using a public defender. An attorney will be assigned to her case by the end of this week. The reason the arraignment took a long time is because she waived it the first time to see if they could afford a private attorney. A thing that she had to be careful with in choosing a private attorney (if she so wishes to substitute in) is that the attorney might do it for free since it is a high profile case. With any lawyer, you want to make sure that they actually know what to do and not want to be in the spot light. 
   Inside the courtroom, we found out that there are over 800 documents that they need to go over, so Culbreath's next appearance will be on the May 21st at 11am. 

My mentor giving a statement on the status of the case. 

Sunday, March 23, 2014

Master Shredder

Not a lot has happened this month. Less cases (which is a good thing) and so I have mostly been helping out around the office. My latest job is my shredding some very old and random miscellaneous paperwork, memos, and other things for all the associates in the office. It took me a long while because every so often the shredding machine would over heat and/or get too full to continue. Woe is me. It me a few days but I did it.  

This shredder here has been my best friend for the last couple weeks.

Monday, February 24, 2014

Paperwork

Started helping a little more around the office, and was given an assignment to retype of paperwork. It's not that difficult. The only hard part is that I have 50 page papers that I need to type up, and more than 2 boxes full of those documents. This has only taught me that patience is required for this job, also fast typing skills if one ever wants to see an end to them. 
Packet #1 of what feels like fifty thousand.

This is a great representation of what it felt like when I was typing up all those motions.

Sunday, February 23, 2014

Blog 17: Fourth Interview Questions

  1. What is your procedure when you first get a case?
  2. What kind of questions do you ask when getting their side of the story?
  3. What must someone look for to make sure a report is fair?
  4. How does a plea bargain work?
  5. Can you explain the different pleas?
  6. What are motions?
  7. What are the more typical offenses in misdemeanors?
  8. How much time should an attorney spend on a case at minimum?
  9. What are some of the things needed to research more on the case?
  10. If your client truly believes he is innocent and would rather go to trial, what are some of the step you take to gather information?
  11. Why would an attorney appeal to the jury emotionally rather than factually?
  12. What do you do if a witness or the client himself says something that "screws him over"?
  13. What are some strategies when at court?
  14. What are some advice you give clients when going through a difficult time?
  15. What are some questions clients ask when checking for experience of their attorney?
  16. What do you do if you enter a trial you truly believe won't benefit your client?
  17. What are some ways to improve the public image of public defenders?
  18. What advice would you give to new attorneys?
  19. What mindset should an attorney have when speaking with a client? At court?
  20. How can a defense attorney best defend a client in court?
  21. Is there anything else that you believe people should know to better understand your profession?

Blog 16: Advisory Meeting #2

What is the best way a defense attorney can defend her client in court?

Answer #2: A defense attorney must know everything pertaining the case.

  • Someone was arrested for having brass knuckles, further research and evidence provided shows that it was just a four-finger ring, thus dismissing the case.
    • mentor
  • Double check the documents to make sure client is not being charged falsely. 
    • "Defending a Criminal Case" (#25a)
  • To talk regularly on their point of view on the case, it can contain vital information that can be beneficial.
    • Interview 3, "Criminal Defense Strategies" (#28b)

Depending on the case, it can be possible to dimiss the case altogether and no need to go to court.


Wednesday, February 12, 2014

Blog 15: Independent Component 2 Approval


  1. For my next 30 hours, I plan on helping out more at my mentor's office. This will allow me access to some old and new cases where I can read them and give my own opinion on what a client should do. I would then ask my mentor if I was correct, so I would be able to learn from mistakes.
  2. To show for evidence, I hope to get more pictures at the office and of inside the courthouse, but it might be difficult because cameras aren't allowed inside.
  3. Doing this will let me explore my topic more in depth. As I am reading cases, it would be up to me to decide on the best course of action, thus helping me answer my Essential Question.
  4. Independent Component 2


Thursday, February 6, 2014

Blog 14: Independent Component 1

Literal:

  • I, Nisa Legaspino, affirm that I completed my independent component which represents 30 hours of work.
  • My mentor, Ramiro Cisneros, helped me complete my independent component.
  • (look to the right)
  • Basically what I have done is help out at the office where I can, organize the office as well, and help with a few cases. In these situations, I would write notes of some of the cases he would get to make it easier for a judge to understand the case and put the situation in our favor. A few times my mentor would let me guess what would be the appropriate approach. 
Interpretive:

  • picture evidence...

Daily report of what happens in the courts. Has all the cases and another way to record proceedings.
Inside of the Daily Appellate Report. Would read these when writing notes on getting an appeal or to organize the files.

Paperwork that defense attorneys' fill out concerning information about the client and their case. It is blank do to privacy issues, but this is something that I would learn to read.
Applied:

  • This has helped me with the foundation of my senior topic because it has shown me how organized and busy a public defender may be, depending on the type of crimes you handle. Also, to always work at the best of your abilities because these clients are putting their faith in you. This is essential to coming up with possible answers since I can get more of a personal experience of what being a public defender it like.


Blog 13: Lesson 2 Reflection


  1. What I am proud of the most is that people were engaged in my activity since I included names so they could relate to it more. Also, that they understood the presentation enough to answer the scenarios correctly.
  2.  
    1. I would give my presentation something like a P.
    2. I mentioned my mentor, a published resource, my activity and hook engages the audience which got them a little more interested since it had their names in it. 
  3. What worked for me was when I was ending my presentation, persuading the audience that public defenders are people that truly want to help you, not someone who is against you. Also, that they can walk away with at least more than they originally knew about the judicial system.
  4. If I could change something, I would make sure to define all the terms I used so I can properly answer any questions they might have. ie Carlos asking about what a "Bar" is.
  5. My possible answer #2 would be having the case itself be dismissed so both the client and public defender won't have to deal with it anymore.

Tuesday, January 14, 2014

Blog 12: Third Interview Questions


  1. What is the best way a defense attorney can defend her client in court? Why?
  2. Are there different strategies or techniques used when defending a client in misdemeanors or felonies? If so, please list them.
  3. What would you advise your client to do to NOT make their situation any worse than it already is?
  4. How would you ensure your client got the mandatory-minimum, and not anything more if convicted?
  5. Do believe mandatory-minimums are a weapon for prosecutors who want to be unreasonable and unjust? Why?
  6. Can you give me some examples of a few times where a case was dismissed or anything that called for a plea bargain?
  7. Can you give me any scenarios or cases that you wouldn’t mind sharing that I could use in my presentation?
  8. What are some of your strategies when negotiating a plea bargain?
  9. How would you know if you are getting a fair bargain or not?


Monday, January 13, 2014

Spring Cleaning

I don't know exactly why we cleaning the office, but we are and I was used as a pack mule. I don't mind, but it was fairly busy in the last few room. From what I remember, they are most likely expanding the office. This just goes to show how organized attorneys have to be or situations like these can ruin your system.
I am supposed to sort through all of this! 

Helped clean this area up.

Thursday, January 9, 2014

Blog 11: Mentorship 10 hours check

1. I am doing my mentorship at the Los Angeles County Public Defender 's Office located near the South Pomona courthouse.
2. My contact is my mentor, Ramiro Cisneros.
3. The total amount of time I completed for mentorship would be 10 hours and 50 minutes.
4. Within those 10+ hours, I mostly helped him retype his all his files, organize the library, find documents, and take notes whenever we go to the court room.

Sunday, January 5, 2014

Senior Project, The Holiday

1. Over the break, I was given a few articles to read by my mentor since I would not be able to visit the office with him and his family out of town. I took his advise and read 'How to Kill a Mockingbird', because it was one of the many books that inspired him to become a lawyer. The point of this was to hopefully find a connection, or understand his passion in this career.

2. The most important thing I learned is making sure that I know most of the penal codes. My mentor gave me scenarios in order to make sure I can get an idea of how defense lawyers think. My most important source would be my mentor (via email) as he was the one who thought of the different situations.

3. I would ask one of my mentor's colleagues in the same department, names of whom I do not currently know. I would also ask a defense lawyer who handles juvenile or felony cases to get a different perspective. Some questions I would ask would be:
  • What would you consider a "lost cause"?
  • What do you do if your client doesn't take your advise?
  • What is considered a win? A lose? 
  • What would you advise your client to do to NOT make their situation any worse than it already is?
  • What is the best way for a public defender can minimize her client's punishment?
  • Can these things also be used in juvenile and felony cases?