What should you do if you feel like your attorney isn’t really on your side?

I get calls like this more often than you’d think, and let me tell you—it’s not as straightforward as just hiring someone new. I’ll walk you through the realities of “firing” your lawyer, the ethical boundaries I have to consider when talking to someone who’s already represented, and why communication breakdowns trigger most problems between clients and attorneys.

I’ll share stories from my own experience, offer advice on how to approach these tough conversations, and explain what happens if you’re thinking of switching lawyers—especially if your case is moving fast toward trial. If you’ve ever felt left out by your lawyer or just want to understand how these situations are handled behind the scenes, you’re in the right place.

Key Takeaways:

Communication is Everything: Most issues between attorneys and clients stem from miscommunication or a lack of updates. Before considering a switch, have a candid conversation with your current lawyer.

Don’t Wait Until the Last Minute: If you decide to change attorneys, do it well before important deadlines (like a trial date). Last-minute changes can put your case—and the new lawyer—in a challenging position.

Follow Proper Steps: Formally terminate your current lawyer before contacting a new one. This avoids ethical complications and ensures a smoother transition.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

I’m taking you behind the scenes of a fascinating aspect of criminal appeals that most people overlook: the cross appeal. Now, I know it might sound boring or routine at first, but trust me—once you’re in the thick of appellate work, it gets a whole lot more interesting.

I’ll be sharing a recent experience from my own legal practice, where, after winning a significant post-conviction case, the state decided they weren’t ready to walk away and filed an appeal against our victory. That put me at a crossroads—should I file a cross-appeal to cover the few issues the judge didn’t rule in our favor on, even though we’d already won big?

I’ll break down the strategic reasons behind a cross appeal, the importance of preserving every argument for my client, and why sometimes, in appellate law, thinking several moves ahead is the key to real justice. If you’ve ever wondered about the nitty-gritty of criminal appeals, why every detail matters, or what it takes to go toe-to-toe with the government after a win, this episode is for you.

Key Takeaways from this episode:

• A cross appeal preserves your arguments: If the opposing party (like the State) appeals a favorable decision, you may need to file a cross appeal to ensure all the issues you raised get reviewed—crucial for “playing chess” with the appellate process.
• Protecting future rights: By raising every possible issue on appeal, you protect your client’s ability to bring those arguments to higher courts, like the Supreme Court, if needed. Failure to do so could waive those issues forever.
• Specialized appellate expertise matters: Appellate practice is a different world from trial work. Having a lawyer who understands the finer points of state and federal appeals can make all the difference for your case’s outcome.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

I tackle a topic that sparks a lot of debate: why do people who seem obviously guilty still enter a "not guilty" plea in court?

After a recent conversation with a sharp, strong-willed friend who was baffled by this, I decided it's time to break down what really happens at an arraignment. I'll share why starting with a not guilty plea isn’t about denying the facts, but about making sure everyone gets the full benefit of due process and constitutional rights.

I’ll explain how this plea allows me, as a defense attorney, to fully review the evidence, negotiate charges if necessary, and ensure that any decision is made knowingly and intelligently. If you've ever found yourself frustrated or confused by this part of the courtroom process—especially when you see it play out in high-profile cases—I'm here to unpack the real reasons behind it.

Here are 3 key takeaways for anyone interested in justice and due process:

• A Not Guilty Plea Is About Process, Not Denial: Entering a not guilty plea at arraignment isn’t a claim of innocence. It's an essential first step to protect a defendant’s rights and ensure full discovery and review of evidence.
• “Guilty” Pleas Without Understanding Are Dangerous: Our system requires that a plea be made “knowingly, intelligently, and voluntarily.” Without complete discovery and legal counsel, it’s impossible for anyone to meet that standard.
• Every Defendant Deserves Due Process: Sometimes the charges are overblown, the evidence is flawed, or constitutional rights may have been violated. Pleading not guilty gives defense (and prosecution) time to negotiate, review, and ensure fair outcomes, not just political theater.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

Setting Boundaries as a Young Lawyer: "And being able to discern what you can do, what you can't do, what you should do, and what you shouldn't do as you start practice." - Steve Palmer

I’m sharing a lesson that stuck with me from right after my own law school days: a lawyer is not a bus. Troy and I dive into what that really means—why you don’t have to stop for every client, why saying “no” can save your career, and how vital it is to set boundaries, especially when you’re just getting started or when family and friends come calling for favors.

We talk candidly about the challenges you face outside the classroom, like handling “can’t you just…” requests, resisting the temptation to take every case (even for Aunt Joanne!), and balancing the desire to help with the realities of making a living. I draw from my own war stories and mistakes so you can avoid the same pitfalls—particularly around ethical responsibilities, pro bono work, and the constant pressure to do more than you should.

Here are 3 key takeaways from the episode:

Lawyers aren’t obligated to take every case. Just because someone asks (even Aunt Joanne!) doesn’t mean you have to say yes. Saying “no” — and setting healthy boundaries — is vital to avoid overcommitment and professional pitfalls.

Beware of the “Can’t You Just...” Trap. Clients (and family) will often push for free or heavily discounted legal help, asking, “Can’t you just write a letter?” These situations rarely end well and can drain your time, energy, and resources.

Pro bono is a choice, not an obligation. While giving back is important, the decision to do pro bono work should be yours. Don’t let guilt or pressure dictate when, how, or for whom you volunteer your services.

Moments

00:00 Understanding Professional Ethics in Law

04:29 Right to Decline Client Representation

08:41 Learning to Say No in Law

10:37 "Recognizing Problematic Client Cases"

13:31 Doing God's Work vs. Paid Work

16:59 "No Guarantees, Only Effort"

22:25 "Lawyer's Time Is Valuable"

24:58 Selective Pro Bono Participation

26:45 Not My Area of Expertise

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses...

“Can I appeal my conviction or sentence if I pleaded guilty?”

I break down the realities of what happens when you plead guilty, how that decision limits your rights on appeal, and whether there’s any hope of changing your sentence after the fact.

I’ll walk you through real-world scenarios I’ve seen in Ohio courts, explain the “magic words” judges have to say when handing down sentences, and why it’s rarely a home run to challenge a sentence after a guilty plea.

If you’re thinking, “I’ll just appeal if I don’t like my sentence,” you’ll want to hear my candid advice before heading down that road.

Top 3 Takeaways:

• A guilty plea is a total admission: Once you plead guilty, the court and everyone else in the process will treat you as guilty, both legally and factually.
• Appealing a sentence is limited and rare: After a guilty plea, you can sometimes appeal the sentence, especially if you receive the maximum sentence or if "magic words" (required legal justifications) are missing from the judge’s explanation. However, reversing or reducing the sentence through appeal is statistically rare.
• Be fully informed before pleading guilty: Don’t assume you can “just appeal” if you’re unhappy with your sentence. Talk to your attorney, weigh the risks, and make sure your decision to plead is made knowingly, intelligently, and voluntarily.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

One of the big questions that’s been coming up everywhere lately: how does the First Amendment actually work when it comes to online pornography?

In this episode, I break down the recent Supreme Court case, Free Speech Coalition Inc. v. Paxton, which addresses whether states can require age verification pop-ups on adult websites and whether that crosses the line into unconstitutional territory.

I’ll walk you through the basics of how the courts view content-based regulation versus time, place, and manner restrictions, and why that distinction matters for everything from protests on the statehouse lawn to what you see on your favorite websites.

We’ll talk about why challenges to these regulations are so important, what makes something pass constitutional muster, and where things might be headed next in the ever-evolving world of free speech and online content.

If you love digging into constitutional law, or if you simply want to understand how these headlines affect your rights, this episode is for you. Got a question? Head over to lawyertalkpodcast.com, send it my way, and let’s keep the conversation going.

3 Key Takeaways:

Content-Based vs. Time, Place, and Manner:

Content-based regulations, where the government restricts speech based on its message, are almost always unconstitutional. By contrast, time, place, and manner restrictions (imposing rules about when, where, or how speech happens) are generally permissible if applied fairly and equally.

Strict Scrutiny Applies:

Content-based restrictions are subjected to the strictest legal scrutiny and rarely survive court challenges. Time, place, and manner restrictions, if neutral and reasonable, tend to fare better legally.

Slippery Slope & Future Concerns:

The age verification requirement for adult content raises important “what’s next?” questions. Could similar regulations creep into academic, legal, or other sensitive content areas? How might new rules affect non-pornographic but still controversial discussions or resources online?

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of...

Law school spends a lot of time on big constitutional theories and landmark cases, but what about the nuts and bolts, like Rule 16, filing demands for discovery, and wading through endless hours of body cam footage?

I’m here to shed light on all of it.

Today, we get into the gritty details of what criminal discovery actually looks like in practice. From being buried under mountains of police video, to dealing with last-minute evidence dumps and navigating Brady violations—I share real stories, practical advice, and the kind of candid perspective that comes from decades in the trenches.

If you’re a future lawyer, a legal enthusiast, or just curious about what really goes on in a trial, this episode is for you. So sit back, relax, and join me at the law school table as we dig into the stuff you won’t find in the textbooks.

Moments

00:00 "Law School Versus Real Practice"

05:55 "Time Costs: Law Clerk Solution"

08:38 "Case Discussion and Human Bias"

12:23 Evidence Overlooked: Raising Concerns

15:45 Unprepared for Trial Defense

17:43 "Prosecutors as Foxes: Trust Issues"

Here are my top three takeaways from the conversation:

• Practical Discovery Knowledge is Often Missing from Law School: While law school dives deep into constitutional theory, many students aren’t exposed to the everyday realities of criminal procedure, like Ohio’s Rule 16 and the actual process of filing and responding to discovery demands.
• Managing Evidence is a Major Challenge: With technology, gathering evidence like body and dash cam footage has become both a blessing and a burden. Reviewing hours of footage from multiple officers can consume entire weeks of attorney time — something clients and new lawyers should understand.
• Discovery Rules are Not Just Formalities: The rules about timely and complete evidence disclosure are not just procedural checklists. Late or incomplete discovery can fundamentally change trial strategy, require continuances, or in some cases, even lead to a dismissal — and it’s up to defense counsel to fight for the fair application of these rules.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the...

Using Weinstein’s high-profile New York conviction as our guide, I break down why the court’s decision to allow testimony from other alleged victims became such a crucial issue on appeal.

I walk you through why ensuring a fair trial (yes, even for someone as notorious as Weinstein) is so important for the justice system as a whole. You’ll hear my take on what happened inside that contentious jury room, the chaos (and value) of passionate deliberations, and what it really means when jurors can’t agree.

We’ll use classic courtroom wisdom, a nod to the film “12 Angry Men,” and explore what prosecutors can do after a hung jury.

If you’ve ever wondered what goes on behind the scenes after a big trial wraps up, or why appeals matter, this episode is for you. You'll learn what makes the adversarial process tick and why procedural fairness isn’t just a technicality. It’s the backbone of justice.

Here are my key takeaways:

Why Procedural Fairness Matters: No matter how “guilty” or reviled someone may be, the system must guarantee a fair trial. Otherwise, the same rules protecting the innocent begin to erode. The denial of a fair trial for anyone jeopardizes the process for everyone.

How Juries REALLY Work: The jury deliberations in Weinstein’s retrial were reportedly contentious. Yelling, disagreements, and passionate debate. This, I argue, actually shows the adversarial system doing its job as jurors hash out the facts and arrive at the closest thing to the truth.

What Happens After a Hung Jury: If a jury can’t agree (a “hung jury”), prosecutors aren’t required to retry the case, but often will. Especially if victims push for it or to secure a complete legal outcome, even if other convictions already mean substantial prison time.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the...