Lawyer blogs are boring. I chalk this problem up to an understandable but flawed perception of the two privileges that lawyers are taught to honor: 1) attorney-client privilege and 2) work-product privilege. The attorney-client privilege protects private communications between a client and a lawyer. This sensible rule promotes a full and frank discussion so that […]
Early America adopted English common law and a long history of cherished rights, including the right to trial by jury – which dates back to 1215. In that year, Pope Innocent III issued an order validating a person’s right to a trial by peers. That same year, at Runnymede in England, King John was forced […]
For all the attention the Second Amendment to the United States Constitution gets, very little attention is given to our right to jury trials. Starting with the Magna Carta in England, the pantheon of natural rights in America would be toothless without the right to seek redress and defend oneself before a jury of our […]
The right of every person to counsel and a jury trial protects us from the over-reach of powerful government and private interests. Yahoo News provides an important reminder. American Founders Knew: Right to Counsel Is Fundamental The right to counsel is a core American principle pre-dating the establishment of American jurisprudence. Our founding fathers experienced […]
Not everyone supports allowing prosecutors to use lyrics as evidence. In “Rap on Trial: Race, Lyrics and Guilt in America” by Erik Nielson and Andrea L. Dennis, rapper Killer Mike argues that rap as an art form is a safe space where raw emotions can and should be expressed. “Left unchecked, it has the potential to silence […]
In the Bible, the highway is used as a metaphor to describe how roads were prepared for an important traveler. This refers to the common practice of monarchs, who, before traveling into a new place, would send a party ahead of them to make sure that the road—the way—was easily passable. This crew would open […]
Not surprisingly, the largest verdicts in medical malpractice cases tend to happen in cases with overwhelming medical costs and needs. When trial lawyers tabulate the real cost of these needs, they often use the word “board”. As in, putting the expenses up on the board. Expert witnesses and life care planners are often involved in […]
For all judges, sovereign and subordinate, if they refuse to hear proof, refuse to do justice: for though the sentence be just, yet the Judges that condemn without hearing the proofs offered are unjust judges and their presumption is but prejudice…In like manner, in ordinary trials of right, twelve men of the common people are […]
If America’s founders hadn’t guaranteed the right to a jury trial in our Constitution, we might look like Canada (who inherited the same English common law and history). Early in the jury system, an accused was required to consent to be tried by a jury. However, the choice was illusory. Coercive methods were used including […]
Failure to diagnose breast cancer cases are always difficult and experts struggle to explain the shifting science in the area. The evidentiary standards that must be met are very high. But juries can still be impressed, even in states that highly regulate and limit jury verdicts that should be protected by the 7th Amendment guarantee […]
