Ethical “Info Wars”

August 8, 2022

Q. After his client denied any text messages about this case, defense counsel sent me a thumb drive with hundreds of them, including some attorney-client communications. May I use these? A. Even at war with the other …

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Reality Isn’t Universal

August 2, 2022

In Persuasion Science for Trial Lawyers, I wrote about the research that explains how the brain decides whether to engage in critical thinking or jump to a conclusion based on prior experience, bias or stereotyping. I explored how we might be able to present facts to juries so that their brains would not refuse to consider them. In Chapter 14, I quoted Colin Firth, the actor who funded a serious academic study that he humorously described as designed “to find out what was biologically wrong with people who don’t agree with me.” The study results did not find that there was anything biologically “wrong” but did confirm that there are biological differences in brain structure that account for one’s inclination to be liberal or conservative.

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Follow These Steps if You Were Injured on Vacation

July 26, 2022

People go on vacation to relax and have fun, but unfortunately, accidents can happen and sometimes vacationers wind up injured while away on a trip. We’ll take a look at a few common accidents that happen on vacation, and what to do if one of them happens to you. If …

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Ethics on Vacation

July 19, 2022

Q. As we head to the beach for a two-week vacation, my wife and kids want me to leave my cell phone behind so I won’t be distracted with client calls. Is this a good idea? Legal …

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Kill Billables?

July 16, 2022

Q. In charging clients by the hour, aren’t we rewarded for inefficiency and penalized for expeditious resolutions? Is there a more ethical way to bill our clients for legal services? A. Though there is nothing unethical about …

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Counselor At Law

July 5, 2022

Q. Rather than focus on charges that may be tough to beat, my client repeatedly insists that she wouldn’t be prosecuted at all if she were white. As a white woman, how can I get her off this racist rant? …

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