–> The word “misconduct” has nasty connotations.   “Misconduct” has been defined as “intentional wrongdoing” and specifically “deliberate violation of a law or standard especially by a government official.”[1]   When referring to alleged prosecutorial error, some appellate courts have elevated the prosecutor’s conduct to that tantamount to criminal behavior.  For instance, State v. Campbell, 23 P.3d 176, 181 (2001), observed:  “The question of whether a particular prosecutor has been guilty of misconduct in the…

You can get a copy of Jury Selection Handbook: The Nuts and Bolts of Effective Jury Selection if you teach and want to request a copy of this course book. The preferred method of getting an examination copy is to visit the Jury Selection Handbook’s page and just click on “request a complimentary copy” button at the bottom of the page. Your request should include the course name for which the book is being considered, semester(s)…

Cross-Examination in the Dr. Conrad Murray (Michael Jackson manslaughter trial) How you prepare your witnesses for direct and cross-examination is critical to your success in trial. The following is an indispensable checklist along with notes for thorough and effective witness preparation. Ö      Preparation for the courthouse and courtroom: –      Courthouse – where is it? Note: It is not unheard of that a witness will go to the wrong courthouse or courtroom. Tell your witness not…

The Jenner and Block Attorney-Client Privilege Handbook was recently distributed through an email by David Greenwald. Greenwald wrote: “This work has evolved from a modest outline inspired by the U.S. Supreme Court’s decision in Upjohn Co. v. United States more than 30 years ago.  Through regular provide practical information for in-house and outside counsel.  “We provide this document to our clients, friends and colleagues free of charge.  Please feel free to forward the handbook to anyone who…

Let’a examine how lawyers communicate in writing. Here’s how a lawyer wrote the sentence—“I give you an orange”: I give you all and singular, my estate and interest, right, title, claim and advantage of and in that orange, with all its rind, skin, juice, pulp and pips, and all right and advantage therein, with full power to bite, cut, suck, and otherwise eat the same, or give the same away as fully and effectually as…

If you were asked for the advice that you would give to an aspiring law student about how to become a competent lawyer, what would you say? Supreme Court Justice Felix Frankfurter gave this advice: My dear Paul, No one can be a truly competent lawyer unless he is a cultivated man. If I were you, I would forget about any technical preparation for the law. The best way to prepare for the law is…

In a book I edited, entitled The Appellate Prosecutor: APractical and Inspirational Guide to Appellate Advocacy, the Honorable Paul Turner, who when the book was published was Presiding Justice of the California Court of Appeals Second Appellate District of Los Angeles, California, contributed a chapter. Judge Turner’s chapter focuses on the art of writing, specifically on crafting the short declarative sentence, which he referred to as “The Key to Good Legal Writing.” Here is…