For the Defense - Vol. 7, Issue 4 - 53

objection to the additional time period.
* At the Rule 600 hearing, after the defense has
made a prima facie showing that the defendant
has not been brought to trial within 365 days,
the Commonwealth bears the burden of proving
that they have nonetheless acted with diligence.
This means that after the defense has made such
a prima facie showing, it is the Commonwealth
who should be required to put on its evidence
and the defense should only argue after the
Commonwealth has done so. Essentially, a Rule 600
hearing should proceed in form almost identically
to a suppression hearing. If the judge asks you
to argue prior to the Commonwealth's evidence,
make it clear that you could not possibly argue
on behalf of your client until you know what the
Commonwealth's evidence of diligence is.
That said, if you want a steady pipeline of work, you must
(metaphorically if not also physically) get out from behind your
desk and engage with the larger world. It is hard-but critical-to
take time away from paying client work for marketing and business
development. But in today's hyper-competitive market, lawyers
need to stay visible and " top of mind " with clients, colleagues, and
referral sources.
To be sure, " get out from behind your desk " has new meaning in
a world that has been shaped by a global pandemic. But the point
is that, whether in person, over the phone, or on a virtual meeting
platform like Zoom or Teams, dedicating 15 to 30 minutes a few
days a week to connecting with your network and engaging in
larger conversation with your clients and colleagues can reap big
rewards.
As I pointed out in my last article on leveraging LinkedIn, the
* If the Commonwealth appears at the Rule 600
hearing and does not present any evidence that
it acted with diligence-for instance, they did not
bring in the officer to testify to the attempts made
to find and apprehend the defendant-argue that
they have not met their burden because the burden
of proof includes the burden of production and
arguments of counsel are not evidence.
world's biggest professional social media platform is where your
clients and your competitors are. If you're not using LinkedIn,
you're missing out on opportunities to connect and showcase your
experience and practice.
You can start small by spending time on social media listening,
but not engaging. " Lurking " is a great first step to getting the lay of
the land with very little risk. (And you'll be in great company, since
about 90% of LinkedIn members use the platform in " listening
mode " only.) However, the eventual goal is to engage, whether
that's interacting with other's posts or creating content of your own.
About the Author
Click here to view and/or print the
full notes section for this article.
Just Do It
It's cold, it's pitch black by 4:45 p.m., and marketing and business
development planning doesn't scream " festive " to most people, I
know. But this typically slow time of year is really the optimal time
for looking back to move forward.
Don't wait until the confetti hits the floor. Start planning now for
a successful and prosperous 2023!
About the Author
Katherine Ernst is an
appellate attorney with the
Montgomery County Public
Defender's Office. She
handles appeals from all
units, juvenile to homicide,
and she also formulates
legal strategy for pre-trial
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and trial units. Katherine graduated Magna Cum
Laude from Loyola Law School, New Orleans
in 2007 and was on law review. She practiced
at Kaufman, Coren & Ress in Philadelphia out
of law school, and thereafter did work in the
intersection of horseracing law and §1983 for a
number of years before following her passion
for indigent criminal defense.
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Vol. 4, Issue 4 l For The Defense 9
Meg Pritchard, the principal of
CREATE: Communication, is a
lawyer, writer and marketing
professional who works with
law firms and lawyers to
develop powerful content for
their marketing and business
development. Connect with
her at 215-514-3206 or visit
CREATE's LinkedIn page.
Vol. 7, Issue 4 l For The Defense 53
For the Defense - Vol. 7, Issue 4

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