Yesterday I wrote about why discovery should be limited to questions or requests which are directly calculated to lead to useful information. I just need point out a single exception to this view: discovery…
Read ArticleOne of the illusions I harbored as a young defense lawyer was that it was a good idea to “paper” the other side with as much discovery as I could serve. This derived, I…
Read ArticleI ran across this post by Karen Koehler, at a blawg I really like, The Velvet Hammer, which highlights something I’ve known for a long time: you’re far better off trying a case against an…
Read ArticleAn article in the Wall Street Journal Tuesday discussing the Rajat Gupta insider trading trial in NYC pointed out that the judge and the accused’s defense attorney, who are apparently longtime friends, have been cracking jokes throughout…
Read ArticleThis excerpt from Atticus Finch’s cross-examination of Mayella in To Kill A Mockingbird highlights why you might want to prepare your witness for a potentially challenging cross-examination. [youtube https://www.youtube.com/watch?v=44TG_H_oY2E?rel=0&w=560&h=315]
Read ArticleIn the last post I talked about the concept of a “managerial” judge. Some have suggested that having an overly involved or controlling judge may not be a good thing. Having litigated several cases before…
Read ArticleIn the course of researching a question about judicial discretion, I recently came across an article discussing “managerial” judges. The author, quoted below, argued that managerial judges are dangerous and something which should be…
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