Posted on July 1, 2015 by Julie Brook, Esq.
The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know what’s not covered? Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics | Tagged: attorney-client privilege, confidential communications, discovery, pretrial, protected from disclosure | Leave a comment »
Posted on March 20, 2015 by Julie Brook, Esq.
An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a psychiatrist’s testimony that the defendant was aware he was going to be executed based on his beating her in a game of Tic-tac-toe. We’ll never know who would have won the game; the court refused to admit the chicken because it “would degrade the dignity of the court.” Although the chicken didn’t work out, demonstrative evidence can be a very powerful courtroom tool. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, demonstrative evidence, evidence, jury, trial attorney, trial presentation, trial tips | 3 Comments »
Posted on March 4, 2015 by Julie Brook, Esq.
It may not be favored by courts or be the parties’ preference, but there’s a place for evidence to be admitted for a limited purpose. It can be seen as either a creative solution to an evidence admissibility problem or a way around the rules, depending on your perspective. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, evidence, jury, limited admissibility, limited purpose, limiting instruction, trial | Leave a comment »
Posted on February 4, 2015 by Julie Brook, Esq.
Many courts view the content of Internet websites with skepticism, or as one court put it, the Internet is a “large catalyst for rumor, innuendo, and misinformation.” Lorraine v Markel Am. Ins. Co. (D Md 2007) 241 FRD 534, 555 n30. Watch out—this attitude might impact your efforts to authenticate and get website postings into evidence. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy | Tagged: admission of evidence, authentication, evidence, introduction of evidence, trial, webpage, webpage printout, website | 1 Comment »
Posted on January 28, 2015 by Julie Brook, Esq.
When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about the evidence. Such experts know all about electronic devices and data storage and retrieval, but they don’t necessarily know how to clearly relay that knowledge. It’s up to you to prepare your computer forensics expert to testify effectively. Continue reading
Filed under: Business Law, Civil Litigation, Criminal Law, Evidence, Legal Topics | Tagged: computer forensic expert, corporate crime, digital forensics, digital investigator, electronic evidence, expert witness, trial | Leave a comment »
Posted on January 14, 2015 by Julie Brook, Esq.
The next time you’re deciding between excluding evidence via a motion in limine or taking your chances at trial, make sure to review this chart of the pros and cons of motions in limine. Continue reading
Filed under: Evidence, Litigation Strategy, Pretrial Matters | Tagged: excluding evidence, motion in limine, pretrial motions, trial | 1 Comment »
Posted on December 10, 2014 by Julie Brook, Esq.
In the trial of an antitrust case against Apple, Steve Jobs will come back to life as a key witness—if only in the form of his videorecorded deposition. Continue reading
Filed under: Civil Litigation, Discovery, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: antitrust lawsuit, Apple, deposition, evidence, Steve Jobs, testimony, trial, unavailable witness, video recording | 1 Comment »