Author: marshallsknowledge

1953, the year I became a licensed lawyer, things were tough.  Few jobs available. newbies were just scratching out for clients.

Finally, got a job with a personal injury lawyer. No pay, just an office and use of a secretary in exchange for work for the lawyer. That’s the way it was in those days.  Prepared motions, jury instruction, served subpoenas and whatever else was needed.  picked up a few cases here and there, and actually ended up trying an injury case; client struck in a cross walk.  Sounds good? Didn’t end so well.

Client supposedly had a sprain of a muscle I had never heard of: the Brachiel Plexus, located deep within the back under a bunch of other muscles The defense lawyer, a partner in a big firm, killed the client on cross-exam   He had the client draw the accident scene, and while the drawing was in progress, the client was swinging her arm all over the place.  A short recess was called, and I questioned the client: if you are hurt so badly, how can you have such motion?  Needless to say, when the trial resumed, the client could barely move.  Damn. Defense verdict.

The work wasn’t so bad. Learned a lot  during my stay. I got involved in a fun, interesting matter that made the news in all the news media.  “The Boxing Scandal”.

In 1953, the then Governor of California, Goodwin “Goodie” Knight, convened a commission to investigate alleged fight fixes and managerial ownership of boxers by boxing promoters,  also secret managers, fixed fights and just general corruption.  This is how I got involved:

Walking North on Spring Street one morning on my way to the Court House, I bumped into an old pal of mine, Harry Kabakoff,  who I knew as Mel.  We knew each other going back to High School.  Mel bragged about going to 6 schools and getting kicked out of all of them.  After greetings, he told me about the investigation and that he was accused of being the manager of welterweight champion Don Jordan and asked me to help him.  Basically the charges were that he was a shadow manager of the fighter but actually supposedly Harry “Babe” McCoy, who was the fight promoter for The Olympic auditorium, one of the two fight arenas in Los Angeles, the other being the American Legion  Arena in Hollywood, was the real manager of the fighter, which a promoter is not supposed to be.

So the hearing was set for the next day…..

(to be continued)

Marshall Schulman

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

Why a lawyer? I did not have a great childhood. Will write about it later if it comes up in this free thought blog.

In the 40s, I was in High School. I was a terrible student.  Didn’t think I would make graduation.  So, in 1944, I enlisted in the US Navy at age 17 with parental permission.  However, then the doctor discovered at my physical exam “what is that on your forehead?” I had to mention two fractured skulls.  Got one when I was 2, fell out of a two story building and later when I was sent to military school at the age of 10 because of supposed deportment behavior and cracked my head in the same spot trying to do a cut-away dive from the side of the swimming pool, the Navy said we don’t want you and  it looked like no early diploma, which you could get by enlisting early.

I still don’t know how I made it through High School, but miraculously graduated.

Didn’t take long to get a letter from the President of The United States ordering me to report for induction into The United States Army

While I was in  basic training the US A bombed Japan and the War was over.

I will say the Army straightened me up and made a man out of a kid.

I knew I would have to get an education if I wanted to make a living. An aptitude test was available to Vets, so I took it and ended up high in social work, teaching, law and arts and low in math and science.  So looking at the choices it looked like I would make the best living in Law, so Law it was.  I had no clue what it was.

On to Los Angeles City College to make up my High School grades.  The first taste of real learning and good grades.  We did not have counselors etc.  just had to figure out by ourselves.  Might add the G.I. Bill covered tuition, books and a small stipend   They treated Vets pretty good in the 40s.  1946 to be exact.

I only knew of two universities to choose from, USC and UCLA.  Both good schools and was accepted at both.  I chose UCLA for the wrong reason.  USC would allow me to come in with my same GPA from City College, but UCLA would start at zero gpa.  Thought that was better and selected the Bruins over the Trojans.

BTW you will probably note typing and spelling mistakes  Please bear with me as I am new at this and do not have spell check and don’t know how to go back without erasing and starting over.  So, when my granddaughters visit next weekend they will show me how.  Thanks.

Actually, for Law, USC was very good, and UCLA did not have a Law School until 1949, and required a BA degree.  Their loss of about 50 handpicked student scholars.  (My first partner was in that class, something I will go into later, and my tax lawyer was also in that UCLA class)

You could enroll in several accredited 3 year law schools in that day, USC, Loyola, University of California Hastings in San Francisco, University of San Francisco School of Law.  The only one requiring an examination was Loyola University School of Law in Los Angeles.  Took the exam, did not think I passed and enrolled in Hastings.  Learned by some miracle I did pass the Loyola exam and enrolled 1949.

Enough for one session, but I want to leave you with this thought,I am not sure it is a good idea for a young person, not fully matured to attend College right out of High School.  Many are prepared but many are still not mature enough to even know why they are going to college or why they are enrolled in some or study that is just wrong or them  A year hiatus would be good.  Work or a year or travel or go into the service for a couple of years and get you head straightened out.  Do you agree?

More to come

Marshall

Never done this before, so bear with me as I have a lot to share, stories, thoughts, ideas, experience and much more.  I will be 90 in February 2017, retired February 2016, and tried my last case late 2015.  Did not want to quit, but health deemed it.  Where do I come off saying I have things to say?  A little background: 10 years in the Los Angeles District Attorney’s Office rising from a rookie prosecutor to a Senior  Deputy DA.  Tried every type of crime, including 6 capital crimes where the jury retried death sentences.  (to  be covered, including my take now on capital punishment)  I am told, but have not seen it, my name supposedly is listed at the LA. DA’s Office Wall of Fame”  Moved to Newport Beach, Orange County, California, and was a successful Criminal Defense Attorney for the next 51 years.  Apparently, my Peers thought well of me and I was invited into the American College of Trial Lawyers, an organization limited by invitation only asked on recognized excellence in trial work.  Also- The American Board of Trial Advocates, again strict qualifications and very prestigious.  A founding member of California Attorneys for Criminal Justice, again a fine organization featuring education, legislation, seminars and has grown to over hundreds of lawyers who primarily practice criminal defense.

There is more, but you get the idea, I have been around trying cases in State and Federal Courts mostly in California, but in other States and jurisdictions as well.

This blog will cover cases, strategy, does and don’ts, personal life experiences, and just everything.  I intend to present topics flowing into one and another, and I hope whoever reads the posts enjoys the stories, It is going to be fun.

Marshall

I am getting my blog set up. Please stay tuned for my first real post.