Showing posts with label marketing. Show all posts
Showing posts with label marketing. Show all posts

Wednesday, September 21, 2016

The commodification of the law

On Tuesday I spent more time that usual on Twitter. It might have had something to do with it being my birthday and feeling a bit unmotivated to work all afternoon. This is one of the tweets that piqued my interest.

I encourage you to ponder on this from - "You are a media company first. Only after that do you sell legal product." Huge impact

It might be more appropriate for me to say that it disturbed me.

I don't care how cutting edge attorneys want to be. I don't care how much the whiz kids say the practice of law has changed. But if this message is true, then we are nothing but soap salesmen. And that's troubling. Very troubling.

The last time I checked, the basis of our profession is helping those who are unable to help themselves out of a problem. Our duty is to provide advice to our clients to assist them in deciding the best way to resolve their issue. For those of us who practice criminal law, our duty is elevated as we hold not only our client's future in our hands, but the future of his family as well.

Those clients don't give a fuck about your social media presence. They don't give a fuck about the content you pump out through various channels. They only care about one thing - can you get their ass out of the fire.

That's not the same as someone deciding what brand of soap, or soda or paper towels to buy.

If you accept what this ClioCloud conference (or whatever the hell it was) is telling you, then you are turning the practice of law into a commodity. And, if you're turning the practice into a commodity you are selling your clients down the river.

Commodities are fungible goods. They are interchangeable. They are produced for mass consumption.

The practice of law is not for mass consumption. Every client is different. Every case is different. Your duty as a lawyer is to analyze the case, examine the law and advise your client. Your duty isn't to pump out more content. Your duty is not to market the hell out of your firm. Your duty isn't to fluff up your resume and pump up your qualifications to get the next check.

And just what the fuck is legal "product?" Representation is not a product. Representation is a relationship.

Beer is a product. Toilet paper is a product. Adult diapers are a product.

Do you really want to debase yourself, and your profession, to the degree of equating the service you provide with adult diapers?

You are a lawyer first. You must ground yourself in the basics of your craft. If you want to be a trial attorney you need to study motion practice, jury selection, argument and cross-examination. If you want to be good at it you will continue to study as long as you practice (hence the term "practice"). When you get really good you will share your skills and insights with other attorneys in order to raise the bar for everyone.

If you subscribe to the bullshit in that tweet, then why did you waste your money going to law school? You could have save yourself a lot of headache, a lot of hassle and a lot of money by going straight into marketing.

I understand part of what's going on here. For too many years law schools have been pumping out class after class of newbie lawyers despite market saturation. They did it because their income stream was guaranteed by the government. The glut of new attorneys has driven down wages and increased competition for clients (tort reform hasn't helped matters). And into this void have come the marketers selling promises they can't keep.

And if we continue down this path, as my colleague Scott Greenfied would say, soon we'll all be walking down the sidewalk wearing hotpants.

Wednesday, June 29, 2016

Update: What's in a name?

In the spirit of throwing good money after bad, South Texas College of Law has decided to double-down and fight the lawsuit filed by UH.

I can't think of a good reason to do so - other than so much time and money has been sunk in this flight of idiocy that no one has the good sense to pull the plug on it.

Anyway, here's South Texas College of Law's response to the lawsuit.

Tuesday, June 28, 2016

What's in a name?

The other day I received a letter from something called the Houston College of Law. The letter stated that Houston College of Law was the new name for South Texas College of Law (the law school I attended). The letter also contained the usual gibberish about strategic plans, mission statements and the like.


Apparently someone along the line decided that the name of the school needed to be changed. Never mind that South Texas has a sterling reputation when it comes to advocacy competitions. Gerald Treece has put together one of the best advocacy programs in the entire country.

But someone with a market research firm decided that didn't matter. And, to top it off, that firm decided that the scales of justice should be white against a red background. Hmmm. Doesn't that color scheme sound familiar?

So we are supposed to forget about 96 years of history and pretend that a law school is just as much a commodity as soda, shoes, cars and phones. Not that law schools are paragons of virtue as they have marketed their schools without a thought to what fate awaits their graduates. Apparently that federally guaranteed student loan money is just too much to ignore.

However, as Lee Corso would say "Wait just a minute!"

On Monday the Board of Regents for the University of Houston filed suit in federal court against South Texas College of Law arguing that the name and color change is a trademark infringement and designed to confuse the public and seeking an injunction to prevent the name change.

I hope UH is successful with its suit. I hope that South Texas has to crawl back downtown with its tail between its legs. Allowing a marketing firm to dictate the name of a school is beyond ridiculous and every member of the board of South Texas the participated in this process and that voted to make the name change violated their fiduciary responsibility to the students, faculty and donors. This exercise in stupidity will result in untold legal fees and expenses that would have been much better used to enhance the education of the law school's students.

The President and Dean of the law school, Donald J. Guter, should do what Roy Hodgson did after England lost to Iceland yesterday - resign.

I should probably go down and buy as much gear as I can with the new name on it because once the court rules against South Texas, all that merchandise could beome collectible - or at least be a conversation starter.

See also:

"University of Houston Law Center files suit against unranked law school," Above the Law (6/27/16)

"UH files suit over Houston law school name change" Houston Chronicle (6/27/16)

Friday, December 7, 2012

Flawging at straws

Once upon a time a Texas blawger wrote for the sake of writing. His posts were informative and you could walk away with a bit more information tucked in that file cabinet in the back part of your brain.

Then he began letting his law partners contribute to his blawg and the drek began flowing.

The blawg in question is Liberty and Justice for Y'all. The blawg was the brainchild of Brandon Barnett. At some point he seems to have lost steam. Maybe it was the workload. Maybe it was he just ran out of things to say.

The other day a new post appeared on the blawg. It was written by his partner Jason Howard and I'm willing to bet that Mr. Howard was formerly employed as a prosecutor. I would also imagine that his former job is a major marketing point for Mr. Howard.

Why that matters to you, the client, is because when you look to hire a criminal defense attorney, you try to find one whom you believe knows not only the law but more importantly the procedure. 
Seeing as how the criminal justice system in Texas is adversarial (meaning two sides pitted against one another), wouldn’t you want the benefit of having an attorney that knows both sides rather than just one?
Of course you would.  Here’s why.  Defense attorneys that previously worked as prosecutors are going to be able to better recognize the value (or lack thereof) in cases where other defense attorneys without that experience would not.  In short, prior prosecutors know a good case for the state when they see one.  More importantly, they know when a case is dog $&*%.

I don't know how to break this to Mr. Howard, but even those of us who have never made a living trying to deprive our fellow citizens of their liberty know a bullshit case when we see it. If Mr. Howard has forgotten, one of the skills we were taught in law school was to recognize the arguments on both sides of the case. Anticipating the other side's arguments is the best way to build your own case.

And it doesn't take being a former prosecutor to do that.

Let's face it, the real reason a defense attorney highlights the fact he worked for as a prosecutor is to give the impression to a defendant that the attorney can cash in some chits with the DA. I know people in the office. They're my friends and my drinking buddies. I can trade my friendship for a sweet deal for you.
Attorneys that have always worked as defense attorneys don’t have the benefit of seeing firsthand the perspective of prosecutors.  Instead, they often can’t see past the defense side of the case.  Don't get me wrong.  I'm not so short-sighted that I think the only good defense attorneys are ones that have been prosecutors.  I'm just saying that there are a lot of advantages to hiring a prior prosecutor.
Nope. You just happen to have worked side-by-side with a number of the folks wearing the black hats. You've had more contact with the judge and you've laughed at more bad jokes because, well, he's the judge. You're reaching out for that desperate defendant who's looking for a miracle and who'll be more than happy to hire someone who promises to sell out his friends and former colleagues for that special deal.

Brandon, you still have a chance to save your blawg. Please don't allow it to become just another vapid marketing attempt. You have a voice. You have a perspective. Let's hear it once again.

Saturday, November 10, 2012

On faux patriotism and propaganda

This weekend a number of college football and basketball teams will wear what Uniwatch blogger Paul Lukas' refers to as their G.I. Joe uniforms. The ostensible purpose is to commemorate Veteran's Day. The real purpose, however, is to serve the needs of the war industry's propaganda machine.

Last weekend the NFL went all gung-ho for war with special ribbon decals on helmets and gaudy displays of faux patriotism at stadium after stadium. The NFL said it was to celebrate Veteran's Day. Nope. It was more pro-war propaganda.

This entire notion that we are "supporting the troops" sprung out of President Bush the Elder's war in the Persian Gulf. You remember that one, don't you? Our government supposedly sent our young people to die in the desert to "liberate" Kuwait from Iraq. We went to "liberate" a dictatorship that repressed dissent. Now that's something to die for.

In order to sell this war to the American people the war industry's propaganda machine came up with the idea of "supporting the troops." Not supporting the war, mind you, just supporting the young men sent to die so a dictator and his family could profit from oil in the ground. The military had learned its lesson in Vietnam. It was somehow deemed unpatriotic if you didn't support the troops. Of course, supporting the troops was the same thing as supporting the war - it's just that a whole bunch of folks bought the propaganda hook, line and sinker.

Now with interest in the Afghan war cratering by the minute - and with some calling for massive cuts in defense spending - here comes the war machine again. Dress up those college kids in camo uniforms. Convert helmet logos into desecrated flags. Parade soldiers in their uniforms around the stadium. Celebrate the killing of young people around the world.

The kids do as they're told. The coaches and administrators have the power to stop this charade - but they are too enticed by the money being waved in front of them by ESPN and the uniform makers. They are the ones raking in the bucks - and they should be ashamed of themselves.

War is not glorious. War is not civilized. War is about death and destruction. If we're going to force pro-war propaganda down peoples' throats then we also need to see the caskets bearing the remains of dead soldiers being offloaded from the planes. We need to see pictures from the battlefield of young men on the ground bleeding and dying. We need to see pictures of the civilians killed by mortar fire and bombs. If the American people were to see those pictures on a nightly basis the pro-war hysteria would disappear in a hurry and we would stop burning money by handing it to the Pentagon and their crooked contractors.

Tomorrow is Veteran's Day. It's not pro-war day. It's not support the latest war day. It's a day to remember those men and women who wore a uniform and went where they were told to go and did what they were told to do. It's about remembering those men and women who fought on the battlefields of Europe and Asia fighting the fascists in World War II. It's about remembering the men and women who manned the lines in our proxy wars with China in Korea and Vietnam. It's about remembering the men and women who were exposed to enemy fire in the Bushes' wars for oil. It's about remembering the men and women who faced death in Afghanistan and Iraq because President Obama didn't have the will to end those wars.

The last war this nation fought that had a noble purpose was World War II. The wars and conflicts since then have all been about defending American imperialism or making the world safe for oil companies.

And in each of those conflicts our leaders in Washington had no problem sending thousands of our young people to their deaths. I can't help but think those decisions would have been different had the men who chose to go to war had to fight on the front lines. Or if their children or grandchildren would have to carry out their wishes.

If we really want to support the troops - and honor those who have served in the past - then it's time to bring them home. It's time to stop sending young men and women to their deaths to satisfy the needs of corporations. It's time we realize that war serves no other purpose than to show how little respect we have for life.

Wednesday, November 30, 2011

Spamming for dollars

I received some spam an unsolicited e-mail in my inbox the other day from someone named J. Connor Alexander wanting to write blog posts for me. According to the e-mail, Mr. Alexander has experience writing "snappy" SEO-friendly blogposts and would be more than happy to do the same for me.

Funny, though, that his resume makes no mention of any marketing or SEO jobs.

He also wrote...
In the short time I’ve worked in the legal community I’ve come to understand just how important internet referrals can be to a firm’s bottom line. I’ve seen firsthand several firms start and then tire of their efforts to create and sustain a blog. In short order the business of running the firm invariably takes precedence over the blog. As a result, updates become sporadic and the firm’s web presence diminishes. That’s where I hope to come in. I’d love to see to it that every day/week/month you have a new, engaging, topical, search engine optimized post waiting to be published.
How short a time you may ask? How about he graduated from law school this past May. According to his resume he worked one summer as a clerk during law school and two summers as an undergrad. But in that time he's made these startling discoveries. Hmm. I wonder if Brian Tannebaum would like to take a run at him.

Of course when I googled the good Mr. Alexander I found a blog - that hadn't been updated in nearly a year. Is that the kind of hard work and dedication I should expect from him?

The two blog posts he submitted as samples of his work were, how shall I say, pure drek. They read as though they had been taken straight out of a newspaper article and offered no insight - just a regurgitation of someone else's work. He did, however, make sure he included the dreaded call to action paragraph and tried to fit in those precious key search terms whenever possible. The sad thing is he claims the posts were actually published in someone's blog. Egads.

But, then, I'm just a criminal defense attorney - what the hell do I know about this fancy marketing stuff he's trying to sell? I do know that blogs written solely for SEO or marketing purposes are doomed to failure. There's only so many ways you can cram your own key search terms into a blog post. With nothing else to say, what's the freaking point in pounding away at a computer keyboard when you could be playing Angry Birds?

In short, Mr. Alexander, I think I will have to turn down your offer of assistance. You see, I don't crank out blogposts crammed full of key search terms. I don't regurgitate articles in the local newspaper. I write about what I care about and what I find interesting.

So, good luck with your search, I'm sure you'll find some willing victims suckers attorneys willing to part with their cash for the promise of internet gold.

Thursday, November 11, 2010

Pass the potted meat, please

Who is Thomas Greenburg and why is someone posting spam comments on my blog about him?

On a recent post about the problems of eyewitness identification, I received the following comment from someone named Nick:
It helps that what used to be called “absentee” ballots are now available to any voter, and that the Fuller Brush-esque efforts of motivated get-out-the-vote registrations this year included conveniently pre-marked for Republican ballot samples (so that Grandma on the respirator can vote, too). San mateo criminal defense attorney
If you're going to spam, you should probably do it with a somewhat relevant comment. I have yet to figure out what Nick's comment has to do with eyewitness identification. And I wonder if Mr. Greenburg knows anything about Nick's posting comments that link back to his website (sorry, no link love, Mr. Greenburg).

Mr. Greenburg's friend (pimp?) Nick has two blogs - one is a fascinating look at the world of designer sunglasses and the other is about India. The sunglass blog has all of two postings and Nick's India blog just leaves us hanging after the first posting.

There is a link on Nick's sunglass blog to the website for some Indian company called Xwebdesigner that features some terribly mangled language -- just the folks I want designing my website.

Mr. Greenburg himself decided to start up a blog but gave it up after two posts. I guess the creative energy it takes to keep a blog going was a bit too much for him.

Tuesday, November 10, 2009

And what do you think of the emperor's new clothes?

About once a week I get a phone call from someone with some firm that does search engine optimization -- whatever that is. Everyone of these folks tells me they can get my website to the top of Google or Yahoo! They all tell me they represent a handful of other attorneys in Houston that are already on top.

The fun comes when I ask them just how they plan on getting my website to the top of the search engine rankings. They can never answer the question. They give me some gobbledy-gook about optimizing this and leveraging that and that they will have me at the top within a week or two.

Then I ask them how their other clients (some of whom I always know) would feel about them promising to put someone else on top of the rankings. I mean, if you're telling me you can put my website on top, I'm sure you told the same thing to the attorneys you signed up. That doesn't sound too ethical to me.

As an attorney all you really have is your reputation -- harm that reputation and you harm your ability to stay in business. Do you really want firms that act in such an unethical manner representing you to all the world? Do you really want those firms to post content under your name?

Sunday, August 16, 2009

I'm calling you out, Andy Nolen

In the old days, marketing in the legal profession was scoffed at. You built a reputation over years and you worked hard to protect it. It worked great for established firms and attorneys - but it made the cost of entry into the "club" prohibitive.

Now we are hit with a barrage of attorney ads on billboards, newpapers, television, radio and the internet. Every attorney knows that it's not enough in this era to have a good name, you must be able to market your services.

Some choose to market themselves based on what they can do for the prospective client. They hold themselves out to be an expert in a particular area of the law, they publicize their credentials, they publish papers and legal guides, they speak at various functions. They put together a web site and maybe a blog.

Others choose to smear their colleagues with lies and half-truths. Instead of telling the client what they can do, they spend their time badmouthing other attorneys. They use shills to publicize negative comments, they use "SEO" firms to disseminate lies.

Houston criminal attorney Andy Nolen is one such attorney.

Now I don't usually go and bad mouth my colleagues. They may be my competitition for the client facing a drunk driving charge, but they are also my brothers-in-arms when it comes to defending the Constitution. I have friends who will take the time to answer a question or e-mail a form or brief if I ask; and I am more than willing to do the same.

Andy Nolen, on the other hand, is but a warm bucket of spit. His idea of marketing? Having someone post fake "reviews" of other criminal defense attorneys on Yahoo! while simultaneously posting glowing "reviews" of Mr. Nolen's lawyering prowess.

Hey, Mr. Nolen, at some point in time we all need someone to stand with us. Just who do you think is going to stand by your side? Who's going to have your back? You burn enough bridges you end up stranded on an island all by yourself.

And what does it say about your sense of ethics? You don't seem to think it's a problem to have someone post fake "reviews" about other attorneys. Is there any line you won't cross? Is there any conduct that makes you cringe?

Hal Holbrook had a great line in Wall Street when he told Charlie Sheen that a man has nothing left but his character when he looks down into the abyss and sees nothing looking back. Mr. Nolen, the evidence of a man's character is not what he says, it's what he does when no one else is watching.

I just have one question remaining -- just how many times has this reviewer been arrested for theft, possession of marijuna and driving while intoxicated? Well, make that two -- how many times has he been a guest of the county at the Grey Bar Hilton?

ReviewsAdd RSS

Power, Tim - Power Law Firm

Humble, TX
All Law Firms

Review Date: 07/23/2009

when i called these guys acted like i wasn't good enough for them
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Don D Becker

Houston, TX

Review Date: 07/23/20091 comments

kept me waiting in court wondering if he was showing up, then rushed me out after taking my money...thabks a lot!!
Was this review helpful? 01 Report Abuse

Piercy and Landry, Attorneys at Law, LLP

Pearland, TX
All Law Firms, Criminal Lawyers

Review Date: 07/23/2009

chatged a lot of money and acted like they didn't care about my case
Was this review helpful? 01 Report Abuse

Todd A Leffler, Attorney at Law

Houston, TX
DUI Lawyers, Criminal Lawyers

Review Date: 07/23/2009

Never returned my phone calls, my sister called him and he was realy rude
Was this review helpful? 01 Report Abuse

Corrigan, Daniel J - Corrigan Law Firm

Houston, TX
All Law Firms

Review Date: 07/23/2009

Maybe this guy is better at traffic tickets.....not good on my weed case

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Houston Criminal Attorney John Floyd

Houston, TX

Review Date: 07/23/20091 comments

I didn't thinbk this guy was very bright and wanted like way too much money..get real
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Purvis, Jeff W - Crenshaw & Purvis Law Office

Angleton, TX

Review Date: 07/23/2009

had a dwi, paid a bunch, got the same deal everyone gets i later learned
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Mc Cormick, Jack - Jack Mc Cormick Law Offices

Conroe, TX
Family Lawyers, All Law Firms, Criminal Lawyers

Review Date: 07/23/2009

What can i do about my weed case? didn't get a straight answer
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Mekisha Murray, Attorney at Law

Houston, TX

Review Date: 07/23/2009

Didn't feel comfortable with this lawyer. Hired someone else.
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Breston, David A

Houston, TX

Review Date: 07/23/2009

Mr. Breston seemed like a nice guy but he costs too much.
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McNabb Associates, PC

Houston, TX
Criminal Lawyers

Review Date: 07/23/2009

NOT THE GUYS FOR HARRIS COUNTY COURT, WHO KNOWS ABOUT FEDERAL COURT
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Don D Becker

Houston, TX

Review Date: 07/23/2009

HIRED THIS GUY FOR A THEFT CASE, WENT TO JAIL WHEN I COULDA GOTTEN OFF
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Elton R Mathis Attorney at Law

Hempstead, TX
Adoption Lawyers, Family Lawyers, Estate & Probate Lawyers, Divorce Lawyers, Criminal Lawyers

Review Date: 07/23/2009

SMALL TIME LAWYERS WITH SMALL TIME SKILLS, GET SOMEONE ELSE
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Garcia, Israel Attorney - Garcia Jr, Israel B - Garcia Law Offices

Houston, TX
Accident Lawyers, Criminal Lawyers

Review Date: 07/23/2009

NEVER RETURNED MY PHONE CALLS AND JUST WANTED TO TALK ABOUT MONEY
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Stewart, Keith Attorney - Stewart & Stewart Attorneys at Law

Conroe, TX
Real Estate Lawyers, Estate & Probate Lawyers, Criminal Lawyers

Review Date: 07/23/2009

don't hire these guys, at least not for a houston case, they clearly didn't know anyone in the courthouse
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This is a nice man, but i didn't feel that criminal law was his primary interest.
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Simpson, Allan - Simpson Allan

Bellaire, TX
Family Lawyers, All Law Firms, Criminal Lawyers

Review Date: 07/23/2009

dont go here for a criminal charge-they dont know nothing about it
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J Cole Brooks, Attorney at Law

Houston, TX
Landlord:Tenant Law Attorneys, Family Lawyers, Estate & Probate Lawyers, Criminal Lawyers

Review Date: 07/23/2009

overpriced ripoff, money, money,money...what about my life
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Douglas, Larry B - Douglas Larry B

Houston, TX
All Law Firms

Review Date: 07/23/2009

Maybe it was me, but i got the impression this guy still wants to be a prosecutor.
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Gerson, Dan B - Gerson Dan B

Houston, TX
Criminal Lawyers, All Law Firms

Review Date: 07/23/2009

Thjis guy was ok, he jusn't didn't seem to have much to say about my case
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Stewart, Keith Attorney - Stewart & Stewart Attorneys at Law

Conroe, TX
Real Estate Lawyers, Estate & Probate Lawyers, Criminal Lawyers

Review Date: 07/23/2009

don't hire these guys, at least not for a houston case, they clearly didn't know anyone in the courthouse
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Durham, Douglas M - Durham Douglas M

Houston, TX
All Law Firms, Criminal Lawyers

Review Date: 07/23/2009

I could tell this guy was a former prosecutor, he still actrs like one.
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Johnson, Dane DWI /DUI - Johnson & Johnson Law Firm, PC

Houston, TX
Criminal Lawyers, DUI Lawyers

Review Date: 07/23/2009

cost a fortune, barely even saw me, rushed through my case
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Reyes, George - Gd Reyes & Association

Pasadena, TX
Real Estate Lawyers, Insurance Lawyers, All Law Firms, Criminal Lawyers, DUI Lawyers, Elder Law Attorneys, Bankruptcy Lawyers, Estate and Probate Lawyers

Review Date: 07/23/2009

hired him, went to jail, lost my job, he didn't help me at all
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Johnson, Leslie Lawyer - Johnson & Johnson Law Firm, PC

Houston, TX
DUI Lawyers, Criminal Lawyers

Review Date: 07/23/2009

Pompous, this guy acted like he was the president or sumthin and treated me like i was trash.
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The Law Office of Dennis W, Richards

Houston, TX
Accident Lawyers, Litigation, Criminal Lawyers, Real Estate Lawyers, Sexual Harassment Lawyers

Review Date: 07/23/2009

Not happy at all with his handlinmg of my criminal case.
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Power, Tim - Power Law Firm

Humble, TX
All Law Firms

Review Date: 07/23/2009

when i called these guys acted like i wasn't good enough for them
Was this review helpful? 01 Report Abuse

Don D Becker

Houston, TX

Review Date: 07/23/20091 comments

kept me waiting in court wondering if he was showing up, then rushed me out after taking my money...thabks a lot!!
Was this review helpful? 01 Report Abuse

Piercy and Landry, Attorneys at Law, LLP

Pearland, TX
All Law Firms, Criminal Lawyers

Review Date: 07/23/2009

chatged a lot of money and acted like they didn't care about my case
Was this review helpful? 01 Report Abuse

Todd A Leffler, Attorney at Law

Houston, TX
DUI Lawyers, Criminal Lawyers

Review Date: 07/23/2009

Never returned my phone calls, my sister called him and he was realy rude
Was this review helpful? 01 Report Abuse

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Corrigan, Daniel J - Corrigan Law Firm

Houston, TX
All Law Firms

Review Date: 07/23/2009

Maybe this guy is better at traffic tickets.....not good on my weed case
Was this review helpful? 01 Report Abuse