First track: Byrne, Donald - Fischer, Robert James (1957)("I consider this to be my cover version of the greatest poem ever written, with some especially high notes.  (If you don't believe me, check out stanza 17.)  As always, a…

Fourth single off "A Darker Blues."everybody is warhol noweverybody is big shot noweverybody is instagram noweverybody is warhol noweverything is warhol noweverything is 24/7 noweverything is televised noweverything is warhol noweverybody is…

  Attorneys, judges and jurors all want to see themselves as fair, equitable, and rational, yet studies show that despite our best intentions none of us are free from bias. Implicit bias refers to unconsciously held biases that do not…

PERSONAL UPDATE: I woke up this morning realizing that it had been 6 months since my last post. One of the drawbacks to the aging process is that time seems to pass so much faster than when we were younger. … Continue reading →

RULE OF PRIMACY: Following the “Rule of Primacy” is one of the easiest (yet most overlooked) ways for attorneys to improve their trial performance. If you’re a young attorney with aspirations of becoming the next Clarence…

It’s no secret.  Corporate trial lawyers often hold a group meeting of several employees to prepare them for upcoming depositions. The idea, of course, is one of efficiency—the lawyer may provide an overview of the case,…

After skipping an August update due to trial preparation, here is my Monthly Privilege Roundup of interesting privilege issues for August and September 2017. The SEC is investigating whether PepsiCo fired its former General Counsel, Maura…

Okay, it was a DC steakhouse, not a bar, and this is no joke. Two of President Trump’s personal lawyers—Ty Cobb and John Dowd—ate lunch at BLT Steak on a recent Tuesday and discussed differing legal strategies for responding…

D, a lawyer, was sued by P for malpractice for giving bad advice at a legal seminar. The advice at issue related to eligibility requirements of S-corporation shareholders. To prove that D provided the bad advice, P calls W, a different…

D is being prosecuted for 1) being a felon in possession of a firearm, and 2) assault with a deadly weapon. Prior to trial, D offers to stipulate that he is a “felon” as defined by the applicable statute. In return, he requests…

In a trial, any piece of evidence (i.e. document, diagram, photo, police report, summary) offered by any party requires a particular foundation procedure to establish that the exhibit is reliable and relevant.  Since I personally have…