What Can You Afford to Risk? Self-Incrimination in Civil Litigation
When a civil action results in criminal charges, often the most compelling evidence in favor of conviction is self- incriminating evidence disclosed in the civil case. Recently, I spoke on a panel […]
Read article | Download PDF
Back to Basics: Impeachment by Prior Inconsistent Statement
I have spent thousands of hours in the courtroom, tried civil and criminal cases, and had the opportunity to observe all kinds of lawyers advocating for their clients […]
Read article | Download PDF
The Juror as Audience: The Impact of Non-Verbal Communication at Trial
Some of the most significant evidence presented at trial is not governed by the rules of admissibility and may be received by jurors without counsel even being aware of its presentation. Years ago I served as a juror […]
Read article | Download PDF
Presenting and Challenging Expert Testimony: Winning the Battle and the War
Trials are at times won or lost based on experts and the lawyer’s ability to make the most of the rules governing the admissibility of expert testimony. This article provides tips to ensure […]
Read article | Download PDF
Revisiting the First Principles of Cross-Examination
As many lawyers know, one of the most nerve-wracking activities is to stand up in front of a group of colleagues or peers and speak on a subject as an “expert.” Such demonstrations […]
Read article | Download PDF
Visual Advocacy: The Effective Use of Demonstrative Evidence at Trial
This article explores the favorable and unfavorable impact demonstrative evidence may have on jurors at trial and the effective ways in which trial lawyers may use demonstrative evidence […]
Read article | Download PDF
The Right to a Fair and Impartial Jury Under Modern Voir Dire Methods
Since its emergence in Multnomah County courtrooms in the late 1980s, many Oregon judges have adopted a method voir dire which differs from the traditional “individual” voir dire method […]
Read article | Download PDF
Ethical and Practical Considerations When Conducting Internal Investigations
When corporate counsel learns a criminal violation possibly occurred within the entity, counsel may be required to conduct an internal investigation to properly advise the client […]
Read article | Download PDF
The Privilege Against Self-Incrimination in Civil Proceedings
Recent years have shown an increase in civil proceedings and attending parallel criminal prosecutions. This arrangement can occur in a variety of contexts […]
Read article | Download PDF
The Collateral Consequences of a Parallel Investigation, or ‘Excuse Me, Can I Talk to You, Please?’
Many litigators may find themselves defending allegations that their client violated an administrative regulatory scheme such as the Securities Exchange Act of 1934, the Clean Water Act, or […]
Read article | Download PDF
When the Accused Knocks, the Constitution Answers
It may come as a surprise to many practitioners that their zealously guarded client confidences could one day be subject to disclosure. When the defendant in a criminal case […]
Read article | Download PDF
Know It Before You Waive It: A Primer on the Constitutional Rights of Corporations
Your client Clean Co. is defending a civil suit brought by the Environmental Protection Agency (EPA) for fees and penalties for noncompliance with certain hazardous waste disposal regulations […]
Read article | Download PDF
Maintaining Client Confidences and Secrets in the Face of Subpoena
While most attorneys assume that their notes from client and witness interviews, as well as their mental impressions and resulting work product, will be protected from disclosure […]
Read article | Download PDF
Making a Legal Record Under the Oregon Constitution or … ‘If You Don’t Raise It, You Lose It.’
As litigators, much of our practice turns on motions challenging a statute or procedure and trying to ensure our clients receive a fair trial. These issues often have constitutional […]
Read article | Download PDF
‘Through a Glass, Darkly’ or the Lawyer Who Ends Up a Client
As litigators we pride ourselves on our ability to take the “sand and clay” we are initially given and develop it to persuade others that our client’s position is correct. We view it as our professional duty […]
Read article | Download PDF