Advocacy and Evidence Blog

Lawyers, Liars and Privileged Communications

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If a client tells a lie to her/his lawyer, is that communication still privileged? The answer is indisputably “yes,” and if a report in the Philadelphia Inquirer (http://www.philly.com/philly/news/breaking/ex-state-chief-justice-backs-embattled-former-state-prosecutor-20180801.html)  is accurate a former State Supreme Court Justice got that question wrong. What’s the background?  A lawyer disciplinary hearing was looking into whether a former prosecutor improperly

EVIDENCE LAW TOOLS – THE BOOK VERSUS THE APP

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Lawyers want (and need) easy tools for handling Evidence issues.  Their understanding of the Rules, their application and their interplay may be hobbled by whether their Law School education was at the hands of a theorist rather than a practice-focused educator, the frequency with which they are in court, and their willingness  to read, re-read

“Liar” and “Malarkey” – Words for Prosecutors to Avoid

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It is tempting, and understandably so, for any lawyer to argue to the jury that an opposing witness is a “liar,” that the witness’ story is “malarkey,” or that the story given was “an insult to the jury’s intelligence,” as long as the proof supports those conclusions.  But a recent 1st Circuit decision warns prosecutors

WHEN COURTROOM POWERPOINTS ARE TOO POWERFUL

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Visuals are essential in today’s trials.  Many jurors are visual learners; many have reduced attention spans from years of watching television or online video; and many jurors ‘expect’ a show as part of a modern trial. And Powerpoint and other visuals can be potent evidence, crystalizing complex legal concepts and hitting powerful emotional chords.  This

“He Fit The Profile” Is Problematic Trial Proof

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We profile people all the time – not necessarily in the pernicious way that is condemned for stops and searches, but in using a person’s character or behavioral patterns as a proxy to estimate how they would conduct themselves in a particular situation.  It is a form of “fast” thinking, an intuitive response that leads

RACE, JURORS AND EYEWITNESSES

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Identifying individuals from one’s own ‘group’ is easier than identifying someone from outside the ‘group.’  If you were to stop me and say “but that’s obvious, it’s always easier to identify people you already know than identifying a stranger” I’d have to respond that “you mis-read what I wrote.  ‘Group’ does not mean ‘friends’ or