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May 2015 Archives

How does witness preparation differ from witness coaching?

There is an axiom among trial attorneys that "You should never ask a witness a question that you don't already know the answer to." Effective witness preparation is one of the keys to effective case presentation and to jury persuasion. But sometimes preparing a friendly witness before the trial can run the risk of becoming too much of a good thing. Witness preparation is one matter; witness coaching, on the other hand, is unethical.

Voluntarily inactive lawyer found to have been acting as attorney

An attorney in New Jersey can choose to go on voluntary inactive status with regard to his or her law license. Having done so, it is an assumption that the inactive attorney will not serve in the capacity of attorney for others, but in a recent Bergen County case this appears to have been what happened when an inactive lawyer became involved first as an advisor and later as an investor in a commercial real estate transaction that ultimately led to litigation against her and which may spread to other attorneys before it is ultimately concluded.

Non-clients can bring legal malpractice claims

Every licensed attorney must comply with a code of ethics. When an attorney fails to do so and the client is injured as a result, that client may be able to sue the attorney for legal malpractice. In most cases, legal malpractice claims are brought by clients. In New Jersey, however, non-clients can also bring legal malpractice claims. 

Many employees don't report sexual harassment

It is illegal for New Jersey businesses to discriminate against their employees on the basis of their sex. Additionally, both male and female employees are legally protected against sexual harassment and retaliation. However, employees who experience sexual harassment often fail to file complaints against the supervisors, co-workers or other individuals hired by the company.

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