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The Champion

December 2011 , Page 5 

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Offering Up Our Brothers and Sisters with Criticism (From the President)

By Lisa M. Wayne

Read more From the President columns.

Who needs prosecutors and a cadre of law enforcement critics when all you have to do is flip on any mainstream media outlet and watch our colleagues chastise each other with armchair criticism? We are correctly indignant when others bash defense lawyers for defending unpopular clients, but we should not assume that we have some special license to criticize our brothers and sisters of the defense bar.

This pious punditry usually takes the form of a disapproving observation concerning legal strategy that is likely to result in a disaster for the client. Comments sometimes focus on pretrial pitfalls, with defense lawyers pointing out inadequacies in defense tactics or fronting potential strategies that might be employed by the defense without thought to whether the government has considered the theory. I have even heard scathing remarks regarding the lack of trial skills exhibited by the defense lawyers handling the case.

Recently the Penn State case has given our colleagu

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