What Is A Jury Trial (No. 3)?

  What most people don’t understand – and most lawyers don’t want to talk about – is that jury selection is more DEselection. Everyone thinks they have no prejudices (they do) and can be fair in every case (they can’t). There’s a famous story about President George Herbert Walker Bush withdrawing as a judge in […]

What Is A Jury Trial (No. 2)?

Cain and Abel, Albrecht Durer. We aren’t ready to talk about Nancy Grace quite yet. To get that right, more background is required. But first, some ancient political philosophy. 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 […]

What Is A Jury Trial (No. 1)?

The Jury consequently invests the people … with the direction of society.             Alexis de Tocqueville, Democracy in America   This series is about jury trials. Conflict has been used to resolve disputes for centuries – perhaps as long as time itself. Before trials, opposing sides would meet on a field for a battle or […]

Why I’m A Trial Lawyer (No. 5)

Reed wrote me a letter me on June 7, 1984, after I graduated from college at Washington and Lee. He wanted to walk me through how to think about law school and a career in the law. He wrote that letter more than 130 years after Lincoln’s notes on a law lecture (see, the previous blog […]

Why I’m A Trial Lawyer (No. 4)

Abraham Lincoln’s notes for a law lecture (discussed in the previous post here) are the subject of a ‘Professionalism Movement’ in the legal profession: the idea is that real change toward a better (more ethical) practice is caused not by changes to Model Rules but by freely acting agents – lawyers who voluntarily aspire for […]

Why I’m A Trial Lawyer (No. 3)

  Early in his career, lawyer Abraham Lincoln was a voracious reader of everything from poetry to newspapers. In 1837, his attention was fixed on a wave of violence and economic turmoil sweeping the country. He was convinced that America’s Founding principles demanded a  renewed focus on respect for laws and a conscious turning away […]

Why I’m A Trial Lawyer (No. 1)

“I am not an accomplished lawyer” Abraham Lincoln. Abraham Lincoln was a famously small town lawyer. For the bulk of his career, he practiced solo with the help of a junior lawyer named Herndon – who functioned more as a paralegal – doing office organizing and paperwork. Lincoln was a circuit rider, traveling around the […]

DATA BREACH: A Patient Rights Primer

Published in the June Res Gestae. Bill Thompson, Jr. April 26, 2016 On November 13, 2015, the FBI notified 21st Oncology that over two million patients’ confidential records and data in 21st Century’s possession and control had been collected and sold by criminals using the Internet. 21st Century’s patients were not notified for three months or […]