Less than two months ago, U.S. District Court Judge Reggie Walton declared a mistrial in the Roger Clemens case after the prosecutors played an inadmissible video clip to the jury. Judge Walton said the experienced prosecutors made a mistake that…
Yearly Archives: 2011
Double Jeopardy and Roger Clemens
Tagged with: acceptance of responsibility, Criminal Law, double jeopardy, double jeopardy clause, double jeopardy waiver, Fifth Amendment, Hayes Hunt, inadmissible evidence, Judge Reggie Walton, obstruction of justice, perjury, prosecutor's conduct, reprosecution, retrial, Roger Clemens
Posted in Prosecution & Defense
Posted in Prosecution & Defense
The Bad Habit of Emailing and Texting During a Conversation.
Something has changed dramatically about the way we communicate: we don’t talk to one another. We text, tweet, “like”, and comment as an alternative to speaking and listening. Why speak when we can merely type? Professionally, we email rather than go through the…
Tagged with: Client Communication, Conversation, Credibility, Emailing, From the Sidebar, Hayes Hunt, Nonverbal Communication, Texting
Posted in Ethics & Professional Conduct
Posted in Ethics & Professional Conduct
Innocent but Guilty: “West Memphis 3” Alford Plea
On Friday, 3 men pleaded guilty to first and second-degree murder of 3 children but, minutes later, told the judge they were innocent of the same crime. This unique and rare plea agreement, called an Alford plea, enables a defendant…
Tagged with: Alford Plea, Criminal Law, From the Sidebar, Guilty Plea, Hayes Hunt, Innocenct, Justice, Malicious Prosecution, Parole, Plea Agreement, Prosecution, West Memphis 3
Posted in Prosecution & Defense
Posted in Prosecution & Defense
In Brief: 10 Qs to Jeff Friedman, Manager of Civic Innovation and Participation – Philadelphia
Interview with Jeff Friedman, Manager of Civic Innovation and Participation City of Philadelphia – Mayor’s Office 1. What is “Civic Innovation and Participation” for the City of Philadelphia? It’s what the City and its partners are doing at the intersection…
Tagged with: City of Philadelphia, Civic Innovation and Participation, Code for America, From the Sidebar, Hayes Hunt, Jeff Friedman, OpenAccessPhilly
Posted in Interviews
Posted in Interviews
Using Social Media to Track Juror’s Online Postings
By Thomas G. Wilkinson, Jr. and Lindsey E. Wilkinson Just as lawyers now routinely conduct due diligence on opposing parties’ social media pages (see our July 20 Sidebar post), some lawyers also are monitoring postings by jurors on social media…
Tagged with: Due Dillgence, Facebook, From the Sideabr, Hayes Hunt, Juror Misconduct, Jurors, Jury, Mistrial, Social Media, Social Media Law, Thomas Wilkinson, Trial, Trial Practice, Twitter law
Posted in Trial
Posted in Trial
The Usual Stipulations – Deposition Mythology
Every lawyer has heard the phrase “usual stipulations” at their first deposition. I swallowed a few four-letter words in my stomach the first time I heard the suggested “usual” stips.” Nothing was usual! This was my first deposition and although…
Using Social Media for Discovery Has Ethical Implications.
By Thomas G. Wilkinson, Jr. and Lindsey E. Wilkinson It has become common practice for lawyers to mine social media pages of parties and witnesses for discovery purposes. But can the urge to dig up dirt on opposing parties cause lawyers…
Tagged with: Cross Examination, Discovery, Ethics, Exhibits, From the Sidebar, Impeachment, Lindsey Wilkinson, Social Media Law, Tom Wilkinson, Witnesses
Posted in The Practice of Law
Posted in The Practice of Law
The “W” Words of Direct Examination
By Benjamin E. Zuckerman As any trial lawyer knows, direct exams are often more difficult than cross. During cross-examination you are in charge. You make the witness tell your story by asking her leading questions that let you control the…
Cash as Contraband. Technology Makes Money Obsolete
Everyone is using the internet for buying and selling: a seemingly limitless marketplace. Recently, a company Square, founded by Twitter co-founder Jack Dorsey, created an “app” which allows individuals and small businesses to accept credit cards for transactions simply by using a smart phone or tablet, without…
Posted in Prosecution & Defense
10 Things a Lawyer Should Never Say in a Social Setting – Cocktail Party Chatter
Many lawyers have a tendency to brag about their work over cocktails with just about anybody who cares to listen. It is a combination of ego and selling. Recently, I was a faculty panel member at a PA Bar Institute program entitled “Cocktail…
Tagged with: attorney-client privilege, Chris Fallon, Cocktail Party, Confidentiality, From the Sidebar, Hayes Hunt, Rules of Professional Conduct
Posted in Privilege
Posted in Privilege
