Articles

Text messages are the defense’s favourite exhibit.

They look casual. Informal. Harmless. A few words on a screen rarely feel like misconduct when viewed in isolation. That is exactly why they are dangerous.

Because harassment does not live in individual messages.
It lives in patterns.

And text messages are one of the clearest ways jurors see those patterns once you show them how.

The Mistake Lawyers Make With Text Evidence

Many lawyers introduce text messages as corroboration. Something to ...

Is social media good or bad? Is it the best way to communicate or the worst? It is, of course, neither and both. Never before have non-celebrities or non-journalists been able to reach millions and display what would otherwise be undiscovered talent. And yet we also find material on social media that falls short of most bathroom stall graffiti standards. Consuming social media is like ordering the seafood tower at a new restaurant. If that first bite of shrimp is warm, leave the plate alone and ...

A common misconception in jury trials is that judges only decide legal questions and juries decide factual questions. The reality is that before a jury sees or hears any evidence, the judge first decides what the jury will see and hear. And to make those determinations, the judge answers a host of factual questions. A more precise way to describe the factfinding roles of a judge and jury is as follows: Judges determine preliminary facts, and juries decide adjudicative facts. Knowing the differen...

"Objection. Lacks foundation." It is among the more mundane objections heard during witness examinations. With lay witnesses, there can be a temptation for practitioners to give it little attention. Especially during depositions, where objections are supposed to be to the form of a question, there can be a tendency to ignore foundation issues altogether. But neglecting foundation with lay witnesses is dangerous. Testimony a jury should hear can be excluded because the examining attorney cannot n...