Putting power back into the hands of the people
Gerry Spence was born and educated in the small towns of Wyoming where he has practiced law for almost fifty-five years. He has spent his lifetime representing and protecting victims of the legal system from what he calls The New Slave Master: big corporations and big government. He has tried and won many nationally known cases, including the Karen Silkwood case, the defense of Randy Weaver at Ruby Ridge, and the defense of Geoffrey Fieger. He has never lost a criminal case. He has not lost a civil case from 1969 to 2008.
Spence is the founder of the Trial Lawyers College which has established a revolutionary method of training lawyers for the people. He believes that what he has learned needs to be shared with those who will continue to strive for justice on behalf of the people.
Spence is the author of many books including the timeless classic and best seller, How to Argue and Win Every Time – a resource for the masses.
Spence is also a noted photographer and poet.
BLOG HEADER IMAGE: Photo of Gerry Spence taken by Leroy J. DuBré at the Trial Lawyers College in Dubois, WY.
43 responses so far ↓
Marc J. Randazza // July 21, 2008 at 9:44 pm |
Mr. Spence,
I remember seeing you on old reel to reel videotapes when I was still an undergraduate and thinking “yeah, that’s what I want to do… be a lawyer!”
And now, here I am. Interestingly enough, one of your former students, Jon Katz, is a mentor of sorts to me.
Accordingly, it is my honor to welcome you to the blawgosphere. It thrills me that you have joined the ranks of those who publish without the filter imposed by the large media corporations.
-Marc
Conservative // June 29, 2009 at 12:45 pm |
Mr. Spence,
You call conservatives, “haters”, simply because they do not agree with you. You and most other trial lawyers would like to create total chaos in this country, where people sue one another for the slightest reason, all personal wealth is redistributed until no one has more than a few dollars to their name, whereupon the gov’t will be they looked upon as the “big brother” who we should all mindlessly depend upon to tell us what to think and what to do. You probably also want to have a gov’t-controlled media that only spouts false propaganda that distorts the truth, much as Pravda did in the soviet union.
Paul A. Rush // July 29, 2008 at 1:45 pm |
Mr. Spence, Thank you for your blog.I am attending law school after spending twenty years as a police officer.In school I see theory versus reality everyday.They teach you the law but don’t mentor or teach you how to be a lawyer.Thank you again for your fresh approach.I would like to see
law school education to be more relevant.
Erick // July 29, 2008 at 11:47 pm |
I am getting ready to begin my second year of law school and have taken an interest in your blog. In the midst of all the case law that I’ve read prior to this point in my law school life it is very easy to forget that the people you read about in your casebooks and the people filing causes of action in courtrooms right now are real people. I will read this blog with great interest. Keep up the good work!
Richard Kibbey // August 8, 2008 at 12:41 pm |
Greetings Mr. Spence and belated congratulations on the Feiger verdict. I was among the internet chained thousands who couldn’t make it to Motown but was vicariously at your side thanks to news updates and Norm’s postings.
Though I am sure Mr. Feiger appreciated your efforts, the humbling defeat the government suffered may provide some degree of lasting lessons and benefit to others whom may be a fly-in -the -ointment of prosecutors and systems.
Bravo to you and to the defense team and double bravo to the Detroit jury that took a liking to a country lawyer’s perspective on the case, the characters and simple justice.
I hope you write a book on the trial. In the meantime where can we obtain transcripts of your opening, closing and select cross??
Thanks again for your years of dedication,
Richard Kibbey
Richard Kibbey // August 8, 2008 at 12:44 pm |
Mr. Spence, greetings from a long time admirer and practicing attorney. Your success in the Feiger case was celebrated by those of us who not only rooted you on but appreciated the humbling of prosecutors who seemed to have lost their objectivity.
Where might we find transcripts of your opening, closing and cross?? I hope you write a book on the case.
Enjoy the late summer and fall and best wishes.
Richard Kibbey
Venece Hardy // October 7, 2008 at 10:58 pm |
For such a long time, I wanted to thank you! I read your book “How to Argue and Win Every Time” a few years ago and it worked like magic. After reading the first chapter, my husband and I had an argument about something I wanted and he didn’t. I succeeded in convincing him of the righteousness of my side. He looked so surprised. Not only had I won the argument, but he agreed with my assessment of the need for whatever it was I wanted. He later asked, “How did you do that?” because he normally won most disagreements. I explained that I was reading your wonderful book and he threatened to take the book away.
Of course, I finished the book and now see the world in terms of negotiating for what I want–and I get it most of the time. I will be forever grateful to you for shifting my worldview. It doesn’t just work for winning arguments with my husband of 29 years.
Patricia O'Connell // October 26, 2008 at 12:00 am |
Aloha Mr. Spence,
I just bought your book called How to Argue and Win Every time. I just bought it because I am having some legal problems and as I started reading it I realized that I can relate to what you mean in your book. How power and money rules. I am not an attorney I am just an average citizen who got caught with this situation, which I ended up as a loser. Any way I am still reading your book and I’ll write again once I finish it.
Linda Shelton // October 26, 2008 at 9:01 pm |
Mr Spence
I am not an attorney and I have won 19/21 criminal cases brought against me by corrupt SA and officials in retaliation for my whistle blower activities, as well as several mandamust and injuctive suits against corrupt officials. Your books have been a great help. I lost and was recently released from prison when I hired an attorney. So, I’m writing the appeal myself. I’ve started two blogs you may be interested in. I’ve also turned the tables and initiated numerous civil suits against the corrupt. Please enjoy my blogs. Any comments or suggestions would be appreciated.
http://prosechicago.wordpress.com/
http://illinoiscorruption.blogspot.com/
Linda Lorincz Shelton, Ph.D., M.D.
Linda Shelton // October 26, 2008 at 9:09 pm |
Mr. Spence:
Can you please discuss the role of confirmatory bias by the judge and how to deal with it. This is particularly difficult for pro se counsel as no judge could possibly allow his ego to let a non-attorney instruct him about the law with memoranda of law or with quotations from case law or statutes.
Judges seem to just ignore law left and right, statute or cases. I try as much as possible to say: “With all due respect your honor, I hate to mention something you already know, but I believe this case (or statute) applies to my situation. I apologize for quoting now what you already know, but I would like to make a record.” I do this particularly when I know the judge is ignorant about the topic.
gerryspence // October 27, 2008 at 7:39 am |
Well, Linda, old time lawyers such as myself have the same problem with judges. They are king, and some are God. You show them respect. You explain the law you think applies. What more can you do?
I think an approach that might be helpful is to ask for help. “Please help me understand….Please, Your Honor, help me go down the right track.” “Help” is a powerful word. It puts people on our side, not against us.
Good luck.
Gerry
gerryspence // October 29, 2008 at 7:59 am |
Linda, your record is better than most lawyer’s. What is your secret? I suspect it is being real and honest.
Gerry
Linda Shelton // November 6, 2008 at 6:28 am |
Gerry
My secret is that I’m innocent and honest – I guess you could also say real. Soo I don’t plea bargain. However, I tend to be too blunt, confident, and wordy. That is also why I have been sent to jail four times for contempt of court.
Judges, from what the federal courts declared a criminal enterprise after the Graylord scandal (the Circuit Court of Cook County), don’t like it when a pro se defendant says they are innocent, that the indictment or complaint is legally insufficient, that the officers, prosecutors, and court are violating the law. They simply refuse to read the pleading, hear the argument, or follow the law. They get really angry, turn red, yell that I’m insulting the court and lock me up. Their emotion and loss of temper is better than a movie, but very painful for me in its consequences.
One judge even put an order in writing that I as pro se counsel could not file any pleadings! A lot of this has to do with politics in Chicago and my tendency to provide evidence to the FBI and US Attorney about corrupt officials here.
In two of the contempt cases I actually was locked up without being legally charged and the Appellate Court freed me after three weeks each. I was denied paper, pen, phone calls, or access to the courts for several weeks and that is why it took the Appellate Court so long to free me.
The other two contempt charges are on appeal with a federal habeas (N. Dist IL Eastern Div – 08 C 4627 and 08 C 6216). I also have a suit against the Judge and IL Attorney General who have no jurisdiction and are prosecuting me before Hon. J. Lefkow – yes the poor soul who’s family was murdered by a pro se litigant (06 C 4259). She had to eat crow and sue sponte reverse her decision to dismiss this case after the U.S. S. Ct decision in Kato v. Wallace. As you know the only time one can file a tort against a judge is when she/he has no jurisdiction. That is what I am doing.
I wish I could get some help on some of these actions with amicus briefs by scholars or prominent law school professors, but no attorney will help me. I’ve tried to get help from Law School Professors in Chicago but they are a cold bunch, not even having the courtesy to respond. I suspect this also has a lot to do with their wish to avoid entanglement with the cabal of corrupt officials in Cook County and Illinois.
Several of my suits really should be turned into class actions to support the rights of prisoners and the mentally and physically challenged. (I am disabled so I know what I am talking about and was actually punished in prison and put in solitary confinement under supermax like conditions for months for refusing to walk – I have a hemiparesis and was in a wheelchair!) I was tortured in many ways that are difficult to talk about.
Attorneys won’t help me because I am too much of a hot potato in IL and several have admitted to me they have been threatened with loss of clients by the cabal of corruption if they help me!
Well, you might enjoy reading my suits over a glass of wine. You might even find them more fun than a novel! If you have any suggestions as to how to get the legal profession to help me a bit I would be greatful. I even wrote Prof Chemerinsky my old high school classmate and he only said that he is too busy with other cases but wished me good luck. I really respect his knowledge of constitutional law. That has been my hobby since High School when I was friends with Ed Levi’s son and discovered Levi’s writings on constitutional law! What a scholar!
Well, enough rambling – hope your day is going well!
dnt // November 19, 2008 at 12:30 am |
Mr. Spence,
I thank you for your service and your writings. I was moved by “The Making of a Country Lawyer” and it inspired me.
I was a police officer for 11 years and now am a lawyer, I represent criminal defendants, the injured and “invisible” people in our society. I know that you know what I mean.
One of the stories in your book about an early jury trial in which your notes were horribly strewn about the courtroom as you gave your closing, inspired me to always speak from my heart. To “get into the hide” of my clients. It inspired me to feel and understand the pain, helplessness and hoplessnes of my clients so that I might make my pathetic attempts to convey them properly to a jury, I have had success but have never felt I did my clients justice in telling their story. In some ways I hope I always feel inadequate in a sense so that I may always strive harder to tell their stories so that it might claw at the insides of the hides of those who hold their fate in their hands. Not just juries but those who attempt to excercise power to opress and judge what they do not understand or want to shut my clients away and not see them. I want to make them see, force them too.
I ramble, in short, thank you.
D. Thomas
Pascagoula Mississippi
gerryspence // November 22, 2008 at 9:38 am |
dnt:
You are a hero to me.
Gerry
Steve // December 6, 2008 at 8:59 pm |
I Just finished reading your book, How to Argue and Win Every Time. It was a great book and I learned much. However, I resent the underlying theme of environmental indoctrination. Honestly, it angered me! The earth is not my mother, which is akin to Gaia worship (the earth goddess who killed her husband so she could have an affair with her son), a repugnant thought at best!
We draw all our power from God, for His law never changes. He created the earth to sustain biological life. We, as the highest form of life, are obliged to care for it, but the earth has only one purpose and that is to sustain the life God created. We are from God and not from the damn earth! Upon death, our bodies return to the earth but our soul returns to God.
Yea, I am showing my prejudice, like your distain for bankers and my distain for most lawyers. While you were droning on about earth ethic, I felt like smacking you a good one. The environmentalist’s attitude toward farmers and ranchers has turned me against them. Gerry, dig deep into what these A.H’s really believe, it will frighten you! Hell, they want to reduce the earth population of people, to save the animals and plants. That’s genocide pure and simple! Of course, they want to reduce the population from the pool of people that do not believe as they do. You have too much respect for human life to buy into that bunch of horse crap!
I did learn much from your book about communicating and I genuinely like you. So please, stop trying to indoctrinate people about the environment. While I may agree with you about carving up pristine land into suburbs, for rich lawyers and other and bereft types, we probably disagree on the best use of that land. There should be cattle grazing on it!
Sorry for the criticism, but you invoked my passion and that is your fault!
gerryspence // December 8, 2008 at 1:51 pm |
Steve: It’s dangerous for one such as I to publish a book such as How to Argue and Win Everytime. You spoke out of your passion as I teach, and I admired that a lot.
Best,ever,
Gerry
Luis Avila // December 22, 2008 at 9:41 pm |
Gerry,
It’s wonderful to hear your voice. As I read your words I can see you and hear you. Miss you!
Tu amigo,
Luis
gerryspence // December 23, 2008 at 3:07 pm |
You do miss me enough, Luis. Where have you been.
Wondrous holiday to you.
Love,
gerry
Cliff Harrison // December 24, 2008 at 9:55 pm |
Gerry, this has bugged me for days, so I return. You wrote in response to one of my comments praising your writings, “I wish they inspired change.”
You do inspire change, Mr. Spence. You plant the seeds which will grow into tall trees of change. The roots will run deep and the fruits will be ripe with righteousness.
Great trees don’t grow over night, my friend
Merry Christmas, Gerry, and thanks again for sharing your words of wisdom with all of us.
Cliff
Art // January 8, 2009 at 10:02 pm |
Gerry,
Happy Birthday!! I hope today was special for you and your family and that you have very, very many more! I hope to see you again as I will be at Pacific Grove, Washington State, and at the graduate seminar at the ranch in August. Thanks for all you have done to help mankind, and especially me, be a better person.
Art
Nancy Carson // January 9, 2009 at 3:22 pm |
Dear Gerry,
Andy and I wish you a very happy birthday and good luck in the next 80 years. We think you’re the best friend we little people can have! Thanks for all you do.
Love, Nancy
luis // January 22, 2009 at 5:03 pm |
Gerry,
just got yr reply. Not doing well. Marriage on the rocks and will get divorced. Haven’t been able to open office in California either. But that’s life, ha?At least I can win cases still!
Happy Birthday and I hope you can spend many more sharing your love and wisdom with us.
luis // January 26, 2009 at 7:49 pm |
I miss you and the fellow warriors too! I sent you a message a week ago. Did you get it?
gerryspence // February 2, 2009 at 6:25 pm |
Please send it again. Gerry
Jerry Light // February 2, 2009 at 12:13 pm |
Now that you’ve reached the old age of 80
Who cares if your hair is thin and grey
Don’t start to dye your hair
And don’t change the clothes you wear
Don’t think of having face lifts
But you look good all the same
And don’t change your stile or your fame.
Famous Quotes:
“The secret of staying young is to live honestly, eat slowly, and lie about your age.
Please don’t retouch your wrinkles. It took you so long to earn them.
Wrinkles should merely indicate where smiles have been.
Nature gives you the face you have at twenty, but it’s up to you to merit the face you have at eighty
Men are like wine. Some turn to vinegar, but the best improve with age.
And in the end, it’s not the years in your life that count. It’s the life in your years.
Growing old is mandatory; growing up is optional.”
Jerry the only thing we both have in common is celebrating our same birthday of being 80
From A Treasured Friend
Jerry Light
Gerry I took your picture at a book signing in AZ, 12/ 12/1996
Please repond
jerry McLaughlin // February 4, 2009 at 7:06 pm |
Gerry, hi how are you ? My name is Jerry McLaughlin. I am a member of the Oglala Sioux Tribe.Robert Grey Eagle was my brother-in-law
We need your help.The StandingRock Sioux Tribe took our land away. We could sure use your help.
our land is worth $500,oo.00. if u get it back 4 us. you can keep the $$. we just want our land back
My phone # is 605-867-6071.My e-mail is jer_mc_78@yahoo.com call me
Nick K. // April 6, 2009 at 10:00 pm |
Mr. Spence,
I’m about to be a law school graduate whose dream is to one day be a trial attorney with skills that allow me to create an impact in society similar to what you’ve accomplished. Obviously, a mere fraction of what you have accomplished would be more than enough for me. When I began trial work at school, my mentor often spoke about you. Since then I’ve read many of your books and intend to get to them all.
With the economy the way it is, my options for beginning my career have slimmed. I have received an offer to be a district attorney, contingent, of course, on whether the county has enough money. What are you thoughts on a new law school graduate starting a solo criminal defense practice out of law school? Is it something you would ever recommend?
Also, I just want to thank you for being an inspiration and guiding light for aspiring trial attorneys like me. Without you I would have never imagined just how influential a trial attorney can be.
All my best,
Nick K
gerryspence // April 7, 2009 at 11:16 am |
Nick K: Read here my blog on the defrauding of America’s lawyers. When you get out of law school you will not be qualified to represent a flea on a dog’s back. BUT, you will be full of verve, of innocence, of a sense of justice. Hopefully your creativity will not have been totally destroyed in law school although it will have been seriously injured. You will not have learned how to lie with a straight face, how to play the litigator’s games or how to put on a false front that covers who you are. I have often said that the lawyer who can beat me will likely be a kid who is scared, who is real, who loves his client, who is honest with the jury about himself or herself, who really is lost in the courtroom. This is the dangerous lawyer, because juries relate to this lawyer, mostly because he or she is genuine.
As for your question, I learned my way around a courtroom as a prosecutor. Be careful if you do. You may cover yourself with a thick protective psyche hide that prevents you from understanding why people are who they are, and seeing yourself in them, even the most lowly criminal. It is hard to care as a prosecutor. We care for the victims, yes, but revenge by prosecuting the wrongdoer brings little comfort to a mother who has suffered the loss of her son. But there are always mothers on both sides of every crime, including, of course, mothers whose sons have been charged and convicted of crimes. In short, as painful as it may be, we must not leave our humanness behind, even as a prosecutor.
You will find your way. Follow your passion with all of the power you have.
Gerry
Robyn Carrigan // May 2, 2009 at 2:13 pm |
Mr. Spence,
I have your audiobook version of How to Argue and Win. Your wonderful voice, common sense wisdom and humour reminds me greatly of my father and older brother. My Dad was a successful grocer, community builder, alderman and lover of humanity in a small town Canada. He taught us all to love ourselves and find our power within. He’s gone now, but I rely on my older brother to remind me of these everlasting principles. My father fed our town when the union negotiations broke down with the coal mines (one industry town). He kept an open bin of food in his store (early food bank). He gave people their houses when they couldn’t afford to pay their rent. He put youth through secondary education. He sheparded the building of a community centre/ rink. He always said he couldn’t stand to think of a child going hungry or losing hope. As a young woman I devoted a number of years to activism now I’m a professional musician and teacher of all ages. Sometimes I listen to your voice when I need a pep talk – you’re as close as my iPod. You put a smile on my face and a song in my heart.
Thank you.
Jerrye // May 4, 2009 at 1:56 pm |
Ah, Gerry!
You are a breath of fresh air in a stale world. I mean..”hot” air. You are “hot”,even for an Octobergeneric. My world is a better place by your being. Not a perfect man, but a perfectly suitable man for the tasks which were laid across your paths. Thank you for being an example to those of us who you have touched.
Clayton // May 5, 2009 at 10:08 pm |
I wonder if Gerry means on “Money the murderer”
that the power of big money can steal the human spirit and soul of those it beats up in the legal process, rigged for big corporations.
I was out walking my dog in the field, and his phrase was reveberating around my skull, I was trying to see what he really meant.
A phrase has used been used on Madoff, that he is
a “financial murder”, his victims those he bilked, some out of their life savings.
But, every day in some court room the power of big corporate money is going to run some trip on some poor soul, in some court, and it is going to be tragic, and will never make the news.
Big money puts their men on the courts to grease the skids in the judical–so called–process.
Sure, it is so clean, no display of blood flowing.
But, tragic in so many other ways.
Maybe it is not “money the outright murderer”, just some mauling in some other sense, and so often ignored in the press, or even in curent literature, in a large way.
Phone Detective // June 2, 2009 at 8:15 pm |
Excellent, practical posts. I’ve already “Twittered” it and forwarded your link to my clients to spread through their offices. I always gain from such posts. Thanks for sharing
Jimmy Allen // August 17, 2009 at 5:25 pm |
Mr. Spence,
I have just watched (on YouTube) the trial of Lee Harvey Oswald. I am a 51 year-old man about to enter Law School because of my admiration of you. I was very surprised at the verdict of the case. I would have voted “not guilty” Your closing argument was outstanding. Though it has been twenty-years ago, it was my first time seeing you in action.
Thank You.
Jimmy
deborah Brucks // September 11, 2009 at 3:38 pm |
Mr. Spence
I wrote to you several months ago about my husband who did not have a lawyer and they tried to get him to represent himself in a 1st degree child cruelty case finally after much ado the judge told him to try for indigent defense and they finally gave him an attorney. The attorney said that the prosecutor wants to lower the charge to family battery which is a misdemeanor and 1 year probation and possibly a fine, as he has no history of any kind with the law.
My question is this if he takes this deal does he lose all of his rights like being able to have a gun for self defense? He works nights and my kid and I are here alone and he wants us to have a gun here to protect are selves. We live near atlanta and with times being hard now you never know what will happen. Will he lose all of his rights to vote? We think this is a good deal since there is no jail time involved but his lawyer is being vague about what other consequences are involved. I would appreciate if you can tell me what is involved as I trust you and your judgement.
Thanks
Deborah Brucks
deborahtony@bellsouth.net
gerryspence // September 12, 2009 at 10:14 am |
Deborah, I cannot give legal advise here. I do believe you should get a second opinion from a qualified local lawyer. gerry
Jim McAllister // September 19, 2009 at 9:00 pm |
Mr. Spence,
I am re-reading…How to Argue and Win every Time. Pure Communtication…It is helping me tremendously.
I spent my summers as a kid in Pinedale…and falls and winters hunting and trapping with Al Miller in the Upper Hoback.
Needless to say….I am a nonconformist. I had polio as a kid…recovered and now suffering from the damaging effects…with Post Polio Sequile…I have lost everything including the love of my life….she left me. Your book, your writings and my tennacity…have saved and reformed my life.
I also do wildlife and sports photography…and write poetry…the poetry…is directly from my heart….
Maybe I will have to opportunity to meet you sometime when I get to Jackson. I am in the Idaho Falls Area
My best to you.
Jim McAllister
gerryspence // September 21, 2009 at 6:41 am |
Jim, my hat off to you. You give me strength.
Gerry
Donald F. Truax // October 20, 2009 at 7:10 pm |
Dear Mr. Spence
The Universe has been blessed and made better by your efforts!
Love “Light” and Energy
_Don
Ivy Bigbee // November 5, 2009 at 8:25 pm |
Mr. Spence (sorry for having hit the submit button above)
I am somewhat familiar with your admirable work. I , too am a photographer-writer-poet. I can’t think of a better poem to post here than:
Bells for John Whiteside’s Daughter
There was such speed in her little body,
And such lightness in her footfall,
It is no wonder her brown study
Astonishes us all.
Her wars were bruited in our high window.
We looked among orchard trees and beyond
Where she took arms against her shadow,
Or harried unto the pond
The lazy geese, like a snow cloud
Dripping their snow on the green grass,
Tricking and stopping, sleepy and proud,
Who cried in goose, Alas,
For the tireless heart within the little
Lady with rod that made them rise
From their noon apple-dream and scuttle
Goose-fashion under the skies!
But now go the bells, and we are ready,
In one house we are stern stopped
To say we are vexed at her brown study,
Lying so primly propped.
John Crowe Ransom
ken // November 7, 2009 at 8:25 am |
wish i had you for an attorney as my case has been pending for 15 months and a whole lot of misconduct
Clifford Spence // November 12, 2009 at 9:29 am |
Hi Mr.Spence,youre one of the Spence!s that made it big gd luc k to you Thanks Cliff.
Cheryl Barnette // November 17, 2009 at 10:02 pm |
I am writing on Examiner.com and have used your recent blog “Housing for the dead” in one of my articles regarding homelessness. I truly admire your work and I love reading your books, and just the way you write thrills me. Love you, Gerry!