Columns

One Hand Clapping

Cell Phone Evidence Should Cut Both Ways

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It's been along time since I first saw in open court the power of the surveillance state. A client of mine was accused of rape. When the victim turned up dead, the state accused my client of killing her. Prove it, we said. The state did, with the help of cell tower evidence.

Opinion: Individual Sequestered Voir Dire Is A Way Of Indoctrinating Jurors

Individual sequestered voir dire, the questioning of each and every potential juror outside the presence of all other jurors, draws passionate support from some Connecticut lawyers. I hate it.

Ethics Matters

Opinion: If You've Already Been Arrested, Disregard This Letter

There was a bill introduced at the legislature this session prohibiting lawyers from sending letters offering their services to folks accused of crimes until 30 days after the arrest. It seems to be modeled on the statute which places a 40-day moratorium on contacting victims of accidents. I don't know who sponsored the thing, but it is a good guess that it was a lawyer.

Legal Ease

Opinion: Lexting For Lawyers

I have previously mentioned my cellular conundrums in this forum. Sending text presents a unique set of difficulties. My fingers are sufficiently small that one would assume I never depress incorrect keys. That would be a mistake.

Ethics Matters

Opinion: Opacity Has A Purpose

I saw a post on an ethics listserv the other day about a proposal by the California disciplinary counsel to issue a "consumer alert" any time a lawyer is accused of misappropriating client funds. Under the present regime, these alerts are sent out after an investigation reveals misappropriation of over $25,000.

One Hand Clapping

Opinion: No Justification For Newtown Report Secrecy

Oh, how sensitive they all were. How considerate, how kind, how diplomatic. Governor Dannel Malloy, Chief State's Attorney Kevin Kane, state lawmakers, all sitting secretly clucking their tongues in a sickly sweet chorus of concern. "We shall keep secret things too painful to be spoken of," they decided.

Guest Commentary

Opinion: Turning Random Thoughts Into Good Juju

I am pandering to the masses. Somewhat to my surprise, of all the columns that I have written over the past two years, Random Thoughts For 2013™ generated the most comments from my readers — although, to be accurate, the vast majority of those concerned one particular Random Thought (I'll let you guess which one).

Ethics Matters

Opinion: Redefining The Office

I was in our nation's capital the other day on some business and had a chance to glimpse what I am told is the office of the future.

Opinion: Boston, Miranda And The Constitution

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It has become increasingly evident that the Justice Department violated the constitutional rights of Boston bombing suspect Dzhokhar Tsarnaev. He apparently was questioned for hours without being given his Miranda warnings, and the interrogation continued even after he explicitly requested an attorney.

Ethics Matters

Opinion: Legal Bandaid

This year marks the 50th anniversary of Gideon v. Wainright, the landmark case which established the indigent's right to counsel in criminal cases. Though many have spoken of the need for a "civil Gideon," it has never become a reality. Maybe technology will give us one answer.