Ethics

Privileged Documents Sent to Expert Not Waived?

Because so many people are involved in the everyday step of sending records from a law office to an expert, the mistake of inadvertantly including privileged information occurs now and again.  Is it waiver?  Will the jury see it? In Nan H. Mullins, D.M.D. v. Alice Tompkins (Benton, Webster and …

Ethics

Can You Post a Video Deposition on YouTube?

The Internet has invigorated questions about depositions which has laid fairly dormant for years: who “owns” a deposition video or transcript?  Is it public record? Ever considered posting a video deposition on YouTube?  Is that allowed?  A quick search suggests there’s more than two thousand video depos on YouTube. We’re …

Ethics

How Should A Judge Instruct A Jury Not to Text, Twitter or Google?

Look no further than our brethren in Michigan, who hustled out a June 30, 2009 order providing the anti-Twittering jury instruction for trial judges.  The rule goes into effect in September. No, it may not be required here in Florida yet, but isn’t it a good idea?  Why not offer …