Jury Duty

Trial by jury is the palladium of our liberties. I do not know what a palladium is, having never seen a palladium, but it is a good thing no doubt at any rate.

– Mark Twain, offering a stirring tribute to the American legal system. This quote, among many others, appears in a new compilation of Twain’s commentary on lawyers and the law entitled Mark Twain v. Lawyers, Lawmakers, and Lawbreakers. Palladium is a rare metallic element with atomic number 46, but we’re guessing Twain was going for another definition.

When being judged by a jury of your peers, is it necessary that some of those peers be members of your ethnic or racial group? Hold on, white people, I’m not asking you. You might talk tough on the internet, but if you were the defendant in a trial and you walked in and saw the entire Wu-Tang Clan sitting in the jury box you’d have a freaking conniption. And… it would NEVER happen to you. A white person would never have to face an “all-other” jury. Your opinions on how you’d feel about a situation that would never happen to you matters less to me.

For the rest of us, being judged by zero people from your peer racial or ethnic group is a legitimate possibility. Is that fair? Almost certainly not. Is it presumptively unfair? That’s kind of a different question. Can we presume that 12 white people can’t give a black person a fair trial? Should a judge stop a trial once he sees that a person is about to face a jury devoid of any of her racial peers?

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* The Oakland Raiders have settled their cheerleader lawsuit for $1.25 million. Here’s to a season of crippling losses! [SF Gate]

* The death of law schools requires observing the 5 stages of grief. It’s DABDA right? Denial, Anger, Bargaining, Debt, AGAIN! [TaxProf Blog]

* You don’t need permission to change careers… though many law firm hiring departments are giving their implicit permission to a bunch of applicants. [Forbes]

* Justice Kagan stopped in on her old stomping grounds at Harvard Law. [Harvard Gazette]

* LexisNexis went Hollywood with a shout out in the preview for the Veronica Mars movie. Hopefully they’ll remember the little people when they make it big. [Business of Law Blog / LexisNexis]

* So, law professors, how did you spend your summer vacation? Because this Stanford Law instructor spent it finding security flaws in an online educational platform. [Slate]

* A juror who wanted none of the jury process is ordered to serve a timeout. [Missouri Lawyers Weekly]

* It’s not as exciting as his Dating Game appearance, but here is a video of Chief Judge Alex Kozinski riding a carabao. Beyond the jump… [YouTube]

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Mr. T

I pity the criminals today.

Lawrence Tureaud, better known as Mr. T, in comments made outside the Third Municipal District Courthouse in Rolling Meadows, Illinois, where he’d been called for jury duty.

(Keep reading to find out how dedicated Mr. T is to performing his civic duty, and for some entertaining video coverage from his jury duty stint.)

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* Jury writes judge a note asking for a “big bottle of wine.” It’s gonna be a long night. [Southern District of Florida Blog]

* As it turns out, some Redditors are morons who don’t understand law. Glad we cleared that up. [The Concourse]

* There’s a Kickstarter for an Ally McBeal podcast. If you love talking about unisex bathrooms, here’s a golden opportunity. [Kickstarter]

* Attention law students: there’s a $500 prize in it if you can craft a winning blog post. [The Expert Institute]

* Terrible, terrible advertising. [Copyranter]

* A Simpson Thacher associate is planning to row across the Atlantic to support cancer research. [Remacae]

* These teacher tenure suits are so stupid and completely miss the real reason public schools have trouble. And the lead plaintiff inadvertently confessed just how off the mark he is. [Washington Post]

* AMC released the teaser for Better Call Saul. After the jump… [via Time Magazine]

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Keith Lee

Yesterday over at Hercules and the Umpire, Judge Kopf noted an article from the Federal Judicial Center regarding social media use among jurors. Also in the article was a brief bit on social media use by attorneys during voir dire.

Most judges stated they did not know whether attorneys were using social media during voir dire, and most do not address the issue with attorneys before voir dire. Only 25 judges reported they knew attorneys had used social media in at least one of their trials, usually during voir dire. Attorneys may have used social media to look at prospective jurors’ Facebook pages, to run names through search engines, or to look at online profiles, blogs or websites. Of the 466 judges responding to this survey question, 120 do not allow attorneys to research prospective jurors online during voir dire.

Which caused Judge Kopf to ask: “So long as the use of social media by a lawyer in the courtroom picking a jury is discreet, why in the world would a federal judge interfere with a lawyer using social media to obtain information about jurors during the jury selection process? That doesn’t make any sense to me? ”

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No one has getting indicted on their bucket list. No one sends word of their indictment to their alumni magazine.

That said, if you’re going to get indicted, it’s a whole lot better to be charged in state court in New York than in federal court anywhere else in the country, in at least one way.

The criminal case about the implosion of Dewey & LeBoeuf shows why. Last week, the folks charged in the Dewey meltdown filed a number of motions to dismiss the indictment. Everyone but Zachary Warren filed an omnibus motion to dismiss. Steve DiCarmine filed his own motion that was so, well, something that it contained Above the Law’s quote of the day. Zachary Warren filed a separate motion. There’s some great stuff in all of the pleadings about the government’s case.

What’s perhaps less obvious to those of us who do white-collar criminal defense but don’t normally practice in state court in New York is that, according to the law as set out in these papers, New York state is a magical Shangri-la of due process compared to federal court.

How?

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As you know, in this column I examine how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. Hopefully, my columns will encourage and help other lawyers to do the same.

In today’s column you will meet Mitch Jackson, a California personal injury attorney, and will learn how he uses the wearable technology Google Glass in his law firm. Mitch founded his law firm, Jackson & Wilson, Inc., with his wife in 1988. Since then they’ve dedicated their practice to representing victims of personal injury and wrongful death.

It’s entirely possible that you’ve already heard of Mitch. Whether on Twitter, LinkedInFacebook, or YouTube, he has an incredibly strong social media presence. Most recently, part of his online focus has been on his use of Google Glass in his law practice. So of course he immediately came to mind when I conceived of the idea for the column. I knew I had to reach out to Mitch and explore how he uses Google Glass in his practice — and whether the technology is actually useful or whether it’s too nascent to be particularly helpful for lawyers.

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The first question people usually ask me when they find out I am a lawyer is: “What kind of lawyer are you?” My response is usually: “I am a story teller.” A good deal of my practice involves helping lawyers tell stories, because no juror ever said, “Well… I’m not really sure that I understand the plaintiff’s point of view completely. Let’s give him $10 million.” I usually advocate for the cyborg approach: part human and part machine. I think you can tell an effective story without a computer, but from my experience, jurors are a reflective part of the population that consciously moved out of the radio era and into CGI-laden-movies era.

I use neat hardware (sometimes cheap hardware), I use neat software, and I almost always use a whole lot of custom graphics. Talking about how to make a great graphic is almost impossible. Most of the good ones are good for unique reasons. Most of the bad ones are bad because they fall into a few general categories. Here are a couple of those categories:

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Casey Anthony

* Squire Patton Boggs has announced the new leadership structure of its lobbying and public policy practice. It’s really no surprise that the head honchos of the group hail from the Patton Boggs side of the recent merger. [Politico]

* “It’s funny how the Supreme Court reaches down and picks this case.” The most important digital privacy case of our time just happened to be filed by Stanford Law’s SCOTUS Litigation Clinic. Awesome. [San Jose Mercury News]

* If you’re caught on camera sleeping during a Yankees/Red Sox game, you can probably expect abuse from ESPN announcers. If you call someone an “unintelligent fatty” as an announcer, you can probably expect a $10M defamation suit. [New York Post]

* “I’m proud to do my job.” Madonna finally rescheduled her jury duty session in New York City, but she was dismissed early so as not to create a “further distraction for the courthouse.” [New York Daily News]

* It’s been three years since Casey Anthony was acquitted of her daughter’s murder. Let us remember this most amazing voicemail: “CASEY ANTHONY NEEDS TO ROT IN HELL! SHE NEEDS TO DIE!” [CNN]

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