On Demand
Audio
50th Anniversary Tribute to Gideon v. Wainwright: The Right to the Effective Assistance of Counsel
Produced on November 15, 2012
Course Information
Course Description
On January 8, 1962, a large envelope arrived in the mailroom of the United States Supreme Court from prisoner number 003826. Inside the package was a handwritten petition, seeking certiorari to the Supreme Court, based on the claim that the prisoner had been denied his constitutional right to counsel. So began one of the most remarkable cases in the history of the Supreme Court, Gideon v. Wainwright, which would affect more persons in our criminal justice system than any other case. In this program, the late civil rights pioneer Herald Price Fahringer and his former partner Erica Dubno traced the history of this fascinating case and the consequences for lawyers today.
Learning Objectives:
I. Understand the History of Gideon v. Wainwright
II. Comprehend the Oral Argument in the Supreme Court
III. Analyze the Decision
IV. Explore the Impact of Gideon across the Nation
V. Review when the Right to Counsel Attaches
VI. Learn about who Can Assert the Right to Counsel
VII. Explore the Right to the Effective Assistance of Counsel
In Memoriam: Free speech pioneer and civil rights giant Herald Price Fahringer passed away in 2015 at the age of 87. He was known for his defense of publishers accused of distributing pornography — which eventually changed the very definition of pornography in New York State. He also argued a groundbreaking case to the Supreme Court which allowed criminal defendants to claim ineffective assistance of counsel in unlawful detention cases. Mr. Fahringer never shied away from a difficult case if he saw an opportunity to advance the causes of justice. This program on the importance of the right to counsel stands in honor to his memory.
Credit Information
Faculty
Erica Dubno
Fahringer & Dubno, Herald Price Fahringer PLLC
Erica T. Dubno worked with Herald Price Fahringer for 20 years. She is one of the National Trial Lawyers Top 100 Trial Lawyers. Erica Dubno has received awards for her appellate advocacy and, together with Mr. Fahringer, has drafted criminal and civil appeals in the federal Courts of Appeals for the Second, Third, Fourth, Eighth and Ninth Circuits, as well as the United States Supreme Court, and in the New York Court of Appeals.
She has co-authored numerous articles with Herald Fahringer, as well as book reviews for the New York Law Journal. Erica Dubno graduated from Oberlin College and Brooklyn Law School with honors.
Herald Price Fahringer
Herald Price Fahringer PLLC
Herald Price Fahringer has tried cases in 27 states and has briefed and/or argued more than 400 appeals, including 15 in the United States Supreme Court. He is a former General Counsel to the First Amendment Lawyers Association. And, in 1979, he received the Legal Defense of Freedom of the Press Award, from the New York Press Club. His Law Day speech, given in 1998, was voted the best in the nation by the American Bar Association. In 1999, he received the Outstanding Practitioner Award from the Criminal Justice Section of the New York State Bar Association. In 1995, he received the New York State Association of Criminal Defense Lawyer’s Thurgood Marshall Award for outstanding contribution to the criminal law. Similarly, in 2008, he received the New York Criminal Bar Association’s award for professional excellence. Herald Fahringer is a member of Fahringer & Dubno.
Reviews
Fantastic
Both speakers were very good
Both speakers were excellent!!
Thank you!
That was an exceptional presentation
Good stuff!
This is a very worthy celebration of Gideon, very helpful practice cautions and a nice segue into concepts of effective assistance of counsel. One wonders if Gideon’s hand written petition for cert. would have got past the mail reception desk with today’s Supremes.
Interesting and very well done.
Great CLE!
Fundamentally important material. Recommend for all lawyers
great stuff
great professor
Outstanding
Excellent.
Very good.
reallly interesting.
Terrific
Thanks! Inspiring. Really. kah
top notch
Excellent
Excellent course
Thanks
Excellent. Thank you.
Greatly enjoyed both presenters (RIP Mr. Fahringer). Benefited from their broad guidance and the interspersion of practical tips.
Me Fahringer is a superb speaker! Price was a bit circuitous but she knows her stuff.
Herald Price Fahringer is the consummate trial lawyer. It was a pleasure to see him in action again (albeit posthumously) analyzing the Gideon case and its progeny. Erica Dubno provides exemplary finishing touches to the tribute.
Both presenters were excellent!
This was a superb course with exceptional lecturers!
Great advice chow not to be found ineffective. Both speakers very knowledgeable.
good and enjoyable
Excellent speakers and material.
Nice presentation.
Excellent program
Truly excellent. Thank you.
Nice Presentation. knowledgeable presenters.
Informative presentation on the right to effective counsel
Wonderful presentation
I truly enjoyed Fahringer's presentation
Informative program,
Great class!
Gentleman was wonderful - so idealistic.
Flawless presentation
The presenters were very energized and effective
Excellent presentation
Great course.
Excellent
Really great course! I am a corporate lawyer, but I found this course on criminal law extremely interested and well presented!
Very good and concise lecture on Wainwright.
The first speaker was awesome. He needs to do more of these.
Both speakers were excellent and the presentation was clear.
Both speakers provided anecdotes from their own practice that made the topic very interesting. The manner in which Attorney Fahringer set the stage by describing the circumstances surrounding Clarence Gideon's 1961 letter to the Supreme Court was compelling!
Excellent program
Brilliant.
Excellent
very good presentation by both presenters
Excellent Program!!
very clear and cogent
Loved Fahringer and always will.
Very well put together presentation. The speakers were very interesting.
Very informative program. Appreciate it!
Very interesting. Excellent presentation.
very interesting
Informative
Very good presentation of an important subject.
Good job.
Outstanding!
They are both an honor to our profession!
Great course
Excellent.
Great!
Interesting course.
Another great job by Mr. Fahringer and Ms. Dubno.
Very well done
GREAT review of the topic.
This is a real treat. I truly want to thank them both for this informative and enjoyable presentation.
Enjoyed listening and watching both speakers
great overview of right to council
Good course
Great program!
Very good overview that helps an atty like me with 25+ years civil experience but now working with crim def lawyers. Great work!
Great presentation!
excellent presentation
Excellent.
Mr Fahringer's passing was great loss to our profession but his partner ably carries on. Wonderful presentation
This was an amazing presentation. Both speakers were enlightening and very interesting.
I loved how the attorneys complemented each other. Both had an excellent command of the subject..
Great course!!!
VERY INTERESTING
probably the best CLE I have heard to date- such an interesting topic.
A trip down memory lane with Gideon, his pencil and his letter that changed our nation
Very interesting and informative.
Great Approach
Great historical summary and legal suggestions.
The first speaker was great.
Great program by two excellent presenters! Thanks.
Very instructive and helpful in my criminal defense practice and defending ineffective assistance of counsel claims in PCR cases.
Well Done
I thought this was a terrific lecture; I especially found the first speaker very articulate and learned in discussing the history.
Mr. Fahringer is one of the best presenters on LawLine
Excellent! Excellent! Excellent!
very comprehensive treatment of 'effectiveness of counsel' issues
Superb presentation
excellent
Harold and Erica are great. I love watcvhing everything I've seen Harold in. First time I've seen Erica.
Every lawyer should watch this.
Interesting.
This was an excellent course!
Both speakers are excellent.
Best I have seen so far
the best CE course that I have heard!
excellent speakers
Great stuff, thanks!
interesting
The speakers, especially Mr. Fahringer, were very captivating.
Better Than Anticipated
Great information!
Made me wish I practiced criminal law! Very good!
Excellent presentation!
excellent
Great content and Great Speakers. One of my favorite courses thus far.
Liked the look back in time.
Very informative
Excellent
Both speakers were just excellent!
Both presnters were thoroughly familiar with the subject matter.
Wonderful speakers who complement each other. Love Fahringer's passion for the law!
A tremendous tribute to this seminal case which, when combined with the the summary of current issues and strategy, made this an excellent program. Thank you!
You should ALWAYS include Mr. Fahringer in your bundles. He is an excellent speaker.
Really enjoyed Mr. Fahringer's presentation,
Very Clear presentation of material! I love both these speakers!
This team of speakers does an excellent job of communicating the content. Good historical prospective and practical application of the 6th amendment right.
Mr. Fahringer was inspiring, which is high praise for an on-line CLE seminar. Ms. Dubno was a good speaker; concise and informative.
Brilliant presentation by both presenters.
Nice class.
Far more practical than I anticipated. Both speakers excellent.
Very informative
Loved this one. Especially the discussion on right to counsel/lack thereof on discretionary appeals.
The speakers were wonderful and I would highly recommend any course either of them offer in the future.
Good!
both speakers were excellent!!
Very informative. Presented well.
Both great presenters
Top Drawer!
Interesting subject and good presenters.
nice
Very, very good!
Excellent speakers
Very interesting.
Both instructors are excellent. Mr. Fahringer has a wonderful long perspective to share.Very enjoyable and interesting.
enjoyable
good information was presented. the examples used were interesting and will help me to retain the material
Was really good
Satisfactory
Best presentation!
Mr. Fahringer is a classic old-school attorney who presents well.
I thought both speakers were great.
I thought the program was excellent.
Excellent
Super program!
good
Well presented
Mr. Fahringer and Ms. Dubno are top-notch.
good description
This was truly a great course. I would highly recommend it.
Fantastic amount of info, very nice pace, great cites which stayed up long enough to copy. Loved the speakers!
splendid
Interesting program
Both speakers were very good and knowlegeable on the topic.
Both speakers were very interesting.
Both speakers were good, but Mr. Fahringer was delightful to listen to. The substance of the lectures were more useful to me than expected. There were lots of very useful tips which I will undoubtedly use in my practice.
Awesome
Really enjoyed this.
Good presentation
both presenters were phenomenal. Mr. Fahringer is a real life Atticus Finch.
This is good historical lesson.
Both are engaging speakers, and I would love to listen to anything Mr. Fahringer chooses to speak about, be it law, baseball, lawn care, etc. - what a gem of an instructor.
The team presenting concept kept it very fresh.
A great and informative presentation about one of my most favorite legal cases!
Excellent.
What great speakers. He was outstanding, one of your best.
Very interesting and well done
Superior.
Superb and most informative!
wonderful storytelling
Very informative and interesting.
excellent and concise
Effective speakers on subject matter.
nice job erica
Well done.
Excellent, Excellent, Excellent! Well presented and informative.