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Article • May 15, 2007
Attorney/Client Privilege Voided by Including Third Persons in Conversation by Florida's Fifth District Court of Appeals has held that a prisoner is not entitled to claim attorney/client privilege to communications when the person invoking the privilege knew of or should have known that the privileged conversation was being overhead. Before …
Court Grants New Trial to Uneducated Pro Se Litigant by A federal district court has granted a new trial to a pro se litigant, who quit school in the tenth grade and displayed during trial a lack of legal knowledge and limited skills, after the jury entered judgment for the …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
$2,220,000 Settlement To Missouri Prisoners Formerly Housed In Texas by Over seven hundred Missouri state prisoners, who were formerly housed as part of a bed-sharing program in Texas prison facilities from January 1, 1995, through December 31, 1997, filed a Federal class action civil rights complaint regarding conditions of confinement …
Court Denies Defendant Attorney Fees in Prisoner Death Case by The decedent died of pneumonia in prison and the defendants moved for attorneys' fees after the court granted them summary judgment. The court denies the motion, since the plaintiffs' allegations were not frivolous. The defendants argued that plaintiffs sued defendants …
Article • May 15, 2007
Court Denies Appointment of Counsel in Medical Case by In deciding a motion to appoint counsel, the court first should determine whether the plaintiff is indigent, then whether the indigent's position "seems likely to be of substance." Then the court has discretion to consider the following factors: (1) the indigent's …
TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records by TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records Police in Lebanon, Tennessee conducted a drug raid at the wrong house and fatally shot the man who lived …
Article • May 15, 2007
Filed under: Attorneys, Attorney Client
Attorney Client Privilege Must Be Assented in Timely Manner by At 521: "The failure to provide a timely privilege log or to describe the documents in conformity with the Local Rules may result in a waiver of the privilege." At 523: Nonetheless, the court excuses a failure to assert the …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
$1,000 Verdict in Religious Freedom Case by Michigan prisoner David Marsh is a follower of Wicca. He had previously prevailed in a lawsuit requiring the Michigan Department of Corrections to recognize Wicca as a religion. Despite that order, prison officials refused Marsh the opportunity to practice a part of his …
Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Article • May 15, 2007
Attorney Misconduct at Depositions by Defense counsel engaged in misconduct at depositions by improperly "interpreting" questions for the witnesses, coaching them as to how to answer, engaging in lengthy speaking objections and colloquies, conferred with his witnesses during questioning, and left the room with a deponent while questions were pending. …
Article • May 15, 2007
Supreme Court Strikes Down CSC Ban on Welfare Suits by The Court strikes down a statute forbidding Legal Services lawyers to challenge the constitutionality of welfare statutes, and in doing so characterizes litigation as speech and applies the usual First Amendment analysis to this content-based restriction. (Interestingly, the Court ignores …
Article • May 15, 2007
Court Denies Defendant Transfer to Jail Closer to Counsel by The federal criminal defendant complained that she was held in a jail in Cedar Rapids, which imposed excessive travel on her attorneys, rather than in Des Moines. She also complained that the jail conditions amounted to punishment. Assuming that the …
Court Can Appoint Amicus in Pro Se Death Penalty Case by At 800: "A federal district court possesses the inherent authority to appoint an amicus curiae to assist the court in its proceedings." (Citations omitted) Here, the court appoints independent counsel for a capital defendant who represented himself and said …
Article • May 15, 2007
Motion to Compel Discovery Denied for Not Conferring With Counsel by The plaintiff alleged excessive force, a disciplinary due process violation, and other varieties of abuse by prison staff. The court denies appointment of counsel because the plaintiff has shown he can present the facts clearly and draft pleadings and …
Article • May 15, 2007
$1.45 Million Settlement in Mentally Ill Alabama Jail Prisoner's Death by Fifteen days after he entered Alabama's Mobile Jail, James Carpenter died of an infection from a flesh-eating bacteria. During his period of incarceration, Carpenter was kept in solitary confinement, naked and shackled on his hands and wrists. Abrasions from …
Article • May 15, 2007
Involuntary Appointment of Lawyers to do Arbitration Upheld by An Arizona statute and rules of procedure resulting in attorneys' being assigned involuntarily to conduct arbitrations for no more than two days a year, for which they are paid $75 a day, with no reimbursement for expenses, is not an unconstitutional …
Article • May 15, 2007
Settlement Requires Trial Over Attorney Fees by The plaintiff sued for civil rights violations related to his arrest and then died. His estate settled the suit, leaving open costs and attorneys' fees. The district court rejected both the defendants' request for an evidentiary hearing and the plaintiff's request for fees. …
Article • May 15, 2007
Filed under: Attorneys, Attorney Client
Client-Client Meeting Notes Not Privileged by A corporation asked its general counsel to conduct an internal investigation of alleged wrongdoing. For purposes of attorney-client privilege, the general counsel was the attorney and the client was the firm and its partners and employees. Therefore all communications from partners or employees to …
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