You may want to know some more about me. This not for self-aggrandizement but just to give you a picture of some of the things I have done over the 61 years of Law and living experiences.
In addition to what I have posted, I have also ranked as a pretty good lawyer in the Martindale/Hubble publication, and I have enjoyed many years with an A/V rating, the highest awarded in the publication of Best Lawyers in America. Both ratings are unsolicited and based on peer review
I have always thought, particularly in my DA’s days, there should be some way of measuring an attorney’s ability in a specific field of law, such as criminal defense, corporate law, tax law, immigration domestic relations and so on. That was based on observations of opposing attorneys, some who were really poor examples of the profession. Why not? Medicine has been doing it for years
Well, The California State Bar association started a pilot program in the following fields: Criminal Law, Domestic (divorce, custody, marriage etc.) Tax, Immigration, and I don’t remember what else. A Board was created with sub-commissions. I was on the Criminal Law Advisory Commission. Among other duties, preparation, testing and grading of applicants were some of the duties of the commission members
This pilot program went on for a while, and I was elected to chair the commission.
When it came time to make the program permanent, there was resistance by a couple of members of the State Bar Board, but eventually after some wrangling, the specialist program was made permanent. How? Well, one of the main objections, particularly to Criminal Law, was that existing members were “Grandfathered” in without having to take the new proposed exam. OK, I said, so we will take the exam. And we did; a bunch of older guys, including me, sat for the tough exam and most of us passed.
Teaching Experience – Over the years, I taught other lawyers both substantive law and trial methods California has a continuing Education program in various fields. For several years together with a selected DA, a judge and defense lawyer , I was the lawyer and we would present the year in review. Also I have taught lawyers at Pepperdine University School of Law trial techniques. The Hastings College of Law had a trial program for lawyers and I was one of their instructors.
I want to pause to discuss the Hastings program
The students generally were from organizations such as the DA and Public Defender Offices, the military and City Attorneys The time period I was there was around the same time as the Women’s Liberation movement. Back in my late school days in the 40’s we had only two women out of the 150 first year class. The DA’s Office, out of about 60 DAs only one woman (she was my first boss in that office) Today a majority of the entering class and a lot of Law School are women, and that is good.
Anyway, what I wanted to get across is: if you have an advantage as a trial lawyer – use it. If I was 7’2″ and could shoot a basketball, then that’s what I would do
At that time, women were emerging into the trial field, but would try to dress like their male counterparts. I thought that as not bright at all, and advocated to my students to get in there, fight for your cause, but be yourself. The jury will love it and you win your cases.
That ended up backfiring on me. Two of the students who were in the Orange County DA’s Office, took my advice and ended up creaming me on several cases.
I also taught Criminal Procedure at Western State School of Law in Fullerton California for one year. That was hard work. The course was basically a combination of Constitutional Law and Evidence covering among other things, the Exclusionary Rule of the 4th Amendment, Admissions and confessions, improper joinder and other stuff. Never did formal teaching before, plus exams, grading and the whole ball of wax. Too hard to work all day, prepare for class and lecture. I might say though, my students, and there were 90 of them to begin with, did well on the Bar Exam on the question involving that subject.
I guess you get the idea, I was not just limited to trials but was considered by some as a sort of a person knowledgeable not only in trial but a continuing student of criminal law.
Enough for one day. I will want to write about my trials and other stuff to come as the thoughts strike me.
Marshall Schulman
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