Stop Revealing Secrets to Your Opponent!

Posted by Elliott Wilcox

STOP! Before you email another Word document to opposing counsel, read this quick article! Hopefully, you’re already aware of the dangers of “meta-data” in electronic documents. If you’re not, here’s a quick primer. Every electronic document (ex. Word or Excel files) that you create contains invisible information. This information can include changes made to documents, the names of anyone who commented on the document, etc. This information could be potentially dangerous if it...

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Don’t Polish a Diamond on the Stand

Posted by Elliott Wilcox

Don’t gild the lily. When a witness gives you a favorable answer (regardless of whether its during direct examination or cross-examination), be wary of trying to improve upon it. Too many times, attorneys have tried to lock the witness down on a point that they’ve already won, only to have the witness improve upon the answer and cram it down the attorney’s throat. For example, let’s say you represent a man accused of Trafficking in Heroin. The government is alleging that he was part of a conspiracy to...

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