The crime fraud exception to the attorney-client privilege was instituted in reaction to the Watergate scandal of the 1970’s. Observers at the time were shocked how many attorneys were involved in the Watergate mess. It was also surprising at the time how often illegal plans were funneled through lawyers, simply because it was presumed the
We are all intrigued by the possibilities of Artificial Intelligence. But, what happens when AI goes crazy? One lawyer in New York City will soon find out. The lawyer who represents the plaintiff in Roberto Mata v. Avianca, Inc, Steve A, Schwartz, a lawyer with 30 years experience, submitted a brief that was partly
Lawyers do not like to be deposed in a civil suit. So, when Baker Hostetler partner Lee H. Rosebush was deposed, he provided evasive answers. Or, as Special Master, retired Judge Dennis Cavanaugh said, ” he spoke words, but did not provide answers.” Mr. Rosebush sits on the board of Alliance Medical Holdings. Alliance Medical
I think as lawyers and advocates, we are always tempted to engage in some hyperbole and take a potshot or two at the judge. But, after a couple of years, most of us learn how to deal with that temptation. Not one lawyer in Chicago named Calvita Frederick. Ms. Frederick represented a woman who failed
Lawyers can be sanctioned by the court for “unreasonably and vexatiously” multiplying a lawsuit. That means the lawyer can be sanctioned for creating unnecessary work. In the lawsuit Vaughan v. Lewisville ISD, the plaintiff claimed his vote as a white voter was diluted by some measure taken by the Lewisville ISD. The judge sanctioned
I previously wrote about the whistle blower allegations against Attorney General Ken Paxton here and here. I said then that it seemed like a clear whistle blower violation. And, sure enough, now AG Paxton has agreed to settle their claims. As part of that settlement, AG Paxton has agreed to apologize for calling former
In yet another marathon hearing in the New York AG civil lawsuit, Judge Engoron gave Donald Trump a second chance to file an Answer that reflects reality. I talked about his Answer here in which he contradicted previous testimony in other lawsuits.
The judge denied the New York Attorney General’s request for sanctions and ordered
One thing you do not do in court is lie to the judge. Telling a fib in a deposition is tantamount to lying to the Judge. Swearing to a falsehood in a statement is a lie in any court. Any party litigant must write this rule on his/her forehead: do not lie in any court
There is a reason why persons do not routinely – or ever – file weak lawsuits. First, a reputation for weak lawsuits will follow you from court to court. Second, the judge will get annoyed and sanction you. Judge Middlebrooks of the Southern District of Florida has done all the above. Former Pres. Trump filed
In all employment lawsuits, the employer will move for summary judgment or seek dismissal of the case. Even when the facts are very strong, the employer wants to “take a swing” at summary judgment. It should be obvious that the employee must then point to specific facts which show that a trial is necessary. Summary