Program Title. Presenting Inn Inn Number. Inn City Inn State. Contact Person Phone. Address

Size: px

Start display at page:

Download "Program Title. Presenting Inn Inn Number. Inn City Inn State. Contact Person Phone. Address"

David Park
5 years ago
Views:

1 Section Header Program Submission Form Program Title Date Presented Inn Year Presenting Inn Inn Number Inn City Inn State Contact Person Phone Address Please consider this program for the Program Awards: Yes No This program is being submitted for Achieving Excellence: Yes No Program Summary: Indicate the legal focus and be concise and detailed in summarizing the content and setup of your program. Please attach additional sheets if necessary. Program Materials: The following materials checklist is intended to insure that all the materials that are required to restage the program are included in the materials submitted to the Foundation office. Please check all that apply and include a copy of any of the existing materials with your program submission: Script Articles Citations of Law Legal Documents Fact Pattern List of Questions Handouts PowerPoint Presentation CD DVD Other Media (Please specify) Specific Information Regarding the Program: Number of participants required for the program Has this program been approved for CLE? Yes No Which state s CLE? How many hours? Recommended Physical Setup and Special Equipment: i.e., VCR and TV, black board with chalk, easel for diagrams, etc. When submitting video, please indicate the length of all videos. i.e., 30 or 60 min. Comments: Clarify the procedure, suggest additional ways of performing the same demonstration, or comment on Inn members response regarding the demonstration. THIS FORM IS AVAILABLE FOR DOWNLOAD ON OUR WEBSITE:

2 Program Submission Form Roles: List the exact roles used in the demonstration and indicate their membership category; i.e., Pupil, Associate, Barrister or Master of the Bench. Role Membership Category Agenda of Program: List the segments and scenes of the demonstration and the approximate time each step took; i.e., Introduction by judge (10 minutes). Item Time Program Awards: Please complete this section only if the program is being submitted for consideration in the Program Awards. Describe how your program fits the Program Awards Criteria: Relevance: How did the program promote or incorporate elements of our mission? (Fostering Excellence in Professionalism, Ethics, Civility, and Legal Skills) Entertaining: How was the program captivating or fun? Creative and Innovative: How did the program present legal issues in a new way? Educational: How was the program interesting and challenging to all members? Easily Replicated: Can the program be replicated easily by another Inn? Yes No This program is: Original Replicated Questions: Please contact Christina Hartle at (703) ext 105 or by at chartle@innsofcourt.org. Please include ALL program materials. The committee will not evaluate incomplete program submissions. Program_Submission_Form.indd [Rev. 10/2012]

5 AMERICAN INN OF COURT TEAM SEVEN Client walks into the attorney s office, shakes hands, and sits down. It s good to see you. Let me again offer my condolences on the death of your spouse. It was a tragic automobile accident, and my law firm and I look forward to representing you and hopefully getting the maximum amount of recovery for your losses. Well, that s awfully nice of you. For 40% of the recovery, I expect you guys to do a bang-up job. I am devastated about the loss of my wife. (Big fake cry). My life has been altered beyond repair. I m sure my damages total in the millions and millions of dollars. I see from your website, and from all of the cases in your TV commercials, that you guys get the biggest recoveries. Again, I am devastated at the loss of my wife (fake crying). (Sees bowl of peanuts on the corner of the desk). Hey, can I have a couple of those peanuts? (Mr. Casanova grabs a handful of peanuts and starts eating them loudly). Mr. Casanova, I called you in today because certain things have come to my attention regarding your use of social media, and I am worried about some the things you are doing on social media may put the value of your case at risk. Social media? What kind of social media? Well, let me give you an example. I have a Facebook friend who is a Facebook friend of yours. Because of your security settings on Facebook, I am able to see the pictures you post on Facebook. (Mr. Casanova sits up, throws more peanuts into his mouth and says): Really? Cool! Well, actually, I want to show you a picture that I printed off of your Facebook page and maybe you can explain to me what s going on. (Attorney hands photograph across the table to Mr. Casanova, who laughs maniacally)

6 Well, that was a little vacation time I took down in Cancun after my wife passed away. As you can imagine, after my wife died, I was despondent and felt like I needed to get a little vacation away. Well, who is your friend there? Oh, her name was Roxy or Roxanne or Moxy Cottonontail, I can t remember, but she s certainly a looker, isn t she? Well, yes, she is quite attractive. What exactly are you doing there in that picture? Oh, I think this was a series of pictures. I think in this picture I m actually drinking tequila out of her belly button by the pool. What a great weekend! Hey, can I keep this photograph? Um, sure, Mr. Casanova, you can keep that one. I m sure I can print another one at any time, and I think I have a couple in the file. Don t you see how that might affect the value of your case? You doing belly shots off young girls in Cancun? (Perplexed look on Mr. Casanova s face) Uhhh.just that I m so devastated about the loss of my wife that I had to find solace anywhere I can get it. I m just so crushed about the loss of my wife (more fake tears) Well, what about this picture: Hey! Where did you get this one? (More maniacal laughter). This one was on your Twitter feed. Oh, yeah, that s just a regular Saturday night out at Lou s Blues. What exactly does your shirt say? It says (looking at the photograph very closely) I m Single and Ready to Mingle Same thing, Mr. Casanova. You understand how a jury seeing these pictures might question whether you have suffered any damages related to the loss of your wife? These photographs could certainly

7 be presented to a jury as an indication that your loss of consortium claim has less value. Well, I don t understand anything about that, I just know that I ve got to live my life. Let me also show you this. It appears to be a profile that you have placed on Match.com. Single male, age 45, recently widowed. Single, ready to mingle, let s go out and have some big fun!!!!! Did you post that on Match.com? And did you have to use so many exclamation marks? (Another maniacal laugh) Well, yeah! It s worked like a charm! I can t tell you how many dates I ve had from that site. (Big, satisfied sigh). Well, Mr. Casanova, you realize, again, that somebody reading this Match.com profile might believe that your claims about how damaged you are about the loss of your wife might not believe it, given the amount of activity you are getting on your Match.com profile. Exactly how many other dating sites have you placed ads on? (More crying). Hey! These peanuts are great. Well, let s see, there s, there aren t too many just Match.com and Yahoo personals. Yes? Anything else? There s Craigslist.com, MatureSinglesOnly.com, PlentyofFish.com, eharmony. Anything else? Uhhhh.oh yeah, ChristianSingles.com. I thought you were Jewish? Oh, yeah, J-date, as well. I don t discriminate based on religion. (Eats more peanuts).

8 Well, Mr. Casanova, I d like to suggest that you take down all of the posts and delete any pictures that you have on your website, Facebook site, Twitter, anything that might become embarrassing someday and that might affect the value of your case, including all these postings on these dating websites. Well, do I really have to do that? Because I m having the time of my life! But if that s what I got to do to get a big dollar payday from this insurance company, I m willing to do it, but, reluctantly. Well, Mr. Casanova, my advice for you is to take down these postings and lay low, at least until after this case is settled. All right, if that s what you think. You are the lawyer. Hey, can I take the rest of these peanuts?

9 Judge: Defense counsel, you may proceed. Defense: Judge, Morty Shyster, here for the defense. For our first witness, I d like to call Matilda Spy. Judge swears in the witness. Defense: Please state your name for the record. Spy: My name is Matilda Spy. Defense: And what is your occupation? Spy: I m a private investigator specializing in social media investigations. I specialize in personal injury defense cases. Defense: Were you retained in the case of Mr. Casanova? Spy: Yes, I was. The insurance company hired me to investigate Mr. Casanova s loss of consortium claims. Defense: Would you please explain what you steps you took to investigate Mr. Casanova? Spy: I was retained to investigate Mr. Casanova s online presence. By that, I mean, his online footprint. Initially, I ran a Google search and found out a lot about Mr. Casanova, his occupation, basically his online public information. From there, I found his Facebook page and his presence on a number of dating sites. From his online presence and public records I proceeded with my investigation. Defense: What did you do then? Spy: From the information that I was able to glean from his online presence, I made up a fake Facebook page and requested him to friend me on Facebook under the fake name, Kitty Cupcakes. I sent a friend request to Mr. Casanova and he accepted. Casanova: Judge, I object!!! This lady looks nothing Kitty Cupcakes!! Judge: Mr. Casanova, please sit down. Objections, if any, should be raised by your attorney. Plaintiff s counsel: Judge, I object. This sounds awfully like entrapment to me. Judge: She hasn t testified to anything yet. I m going to overrule the objection. Proceed. Defense: What did you find when you friended him on Facebook? Spy: Upon becoming his friend on Facebook, I was able to see the pictures that he posted and I ve printed a number of them. I ve also printed a number of his posts. Many of these posts have now been deleted. But I printed a bunch of them before he deleted them.

10 Defense: Let me show you a picture marked as Defense Exhibit A for identification and ask if you would identify it. (Hands copy to Plaintiff lawyer). Casanova: I object Judge! (Casanova prompts his attorney) Plaintiff s counsel: I object Judge! Judge: You object that it s marked for identification and presented to the witness? Plaintiff s counsel: Can we approach? (Approaching). Judge this picture, if presented to the Jury could be very prejudicial to my client s case. No foundation has been presented. Obviously, the photo is quite shocking. Defense: Judge, this is printed off his Facebook page. We re trying to lay the foundation. But it is clearly relevant to the lack of consortium claim. The photograph was posted two weeks after his wife s death. Plaintiff s counsel: Judge, people grieve in various ways. Judge: I m going to let Defense counsel proceed. Lay your foundation. Defense: Explain this photograph to the jury. Spy: I printed this from his Facebook page. He had a series of pictures depicting the same individual, who I believe he identified as Candy. It is a true and accurate copy of the document that he posted on his Facebook page. All I did was print it and bring it to you. Defense: Judge, at this time, I d like to admit this photograph as Defense Exhibit #1. Plaintiff s counsel: I object Judge. There has been no foundation laid for this document or that my client posted this photograph or even that the person in this picture is my client. Casanova: Judge, that picture was intended to be private!!! I would have never posted it if I d known that fake friends could have seen it!! So, I object too!! Judge: Uh, I overrule the objection. It will come in as Defense Exhibit 1. Defense: Did you also have correspondence with Mr. Casanova? Spy: Yes. I sent him s on Facebook, Match.com and Christiansingles.com. Defense: I m going to show you documents that have been identified as Defense Exhibit B for identification. Spy: These are the s that he sent me. He initiated these conversations and I responded and carried on long conversations with him, exact copies of which are here. These are true and accurate copies of the s. They contain the explicit details of the conversations that he carried on with me.

11 Some of them were quite sexual in nature. He said that he liked all sorts of kinky things (somewhat disgusted). I was quite shocked. Casanova: I OBJECT JUDGE! She pretended to be someone else.this is ENTRAPMENT! Judge: Mr. Casanova, one more outburst like that and I ll have you restrained!! Spy: He said that he likes that Plaintiff s counsel: I object, Judge! I ask that the last comment be stricken. Judge: As to that last comment, sustained. Defense: Judge, I d like to admit Defense Exhibit B for identification into evidence as Defense Exhibit #2. Judge: Do you have an objection to the s coming into evidence? Plaintiff s counsel: Yes, Judge. (slightly unsure) Judge: What are the grounds for the objection? Plaintiff s counsel: Judge, there has been no foundation laid for these documents, we question their authenticity, they aren t relevant.and Judge, they are just terrible for our case.

ETHICAL OBLIGATIONS IN ADVISING CLIENTS AS TO SOCIAL MEDIA A lawyer must not: (a) unlawfully obstruct another party's access to evidence or

pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act... RULE 4-3.

litigation is filed to remove embarrassing information that the lawyer believes is not material to the litigation matter?

12 ETHICAL OBLIGATIONS IN ADVISING CLIENTS AS TO SOCIAL MEDIA A lawyer must not: (a) unlawfully obstruct another party's access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act... RULE 4-3.4(A) PROPOSED ADVISORY OPINION 14-1 (January 23, 2015) May a lawyer advise a client to clean up his or her social media pages before litigation is filed to remove embarrassing information that the lawyer believes is not material to the litigation matter? Four areas of inquiry: Content that is related to the incident for which the lawyer is retained Content that is not related to the incident for which the lawyer is retained Privacy settings Affirmative duty to advise client to refrain from removing content if profile is private Committee proposed that a lawyer may advise that a client change privacy settings on the client s social media pages so that they are not publicly accessible. Provided that there is no violation of the rules or substantive law pertaining to the preservation and/or spoliation of evidence, a lawyer also may advise that a client remove information relevant to the foreseeable proceeding from social media pages as long as an appropriate record of the social media information or data is preserved.

13 1. Amanda G. Smith Gray Robinson Florida State University College of Law Admitted to Florida Bar 2012 TEAM 7 MEMBERS 2. Andrew Pickett Alpizar Law, LLC Admitted to Florida Bar Diane Baccus Horsley Law Office of Diane Baccus Horsley Admitted to Florida Bar Grant Dearborn Health First Hospitals Admitted to Florida Bar 1992 Board Certified in Health Law 5. J. Cole Oliver McClelland and Jones, LLC Admitted to Florida Bar Joseph Naberhaus Gray Robinson Admitted to Florida Bar Judge Jim Earp 18 th Judicial Circuit Admitted to Florida Bar Kimberly Trader Florida Coastal School of Law Graduating Kristen Smith-Rodriguez Telfer, Faherty, Anderson & Hawkins, P.L. Florida Coastal School of Law Admitted to Florida Bar 2010

14 10. Maria Thompson Guardian Ad Litem Program Admitted to Florida Bar Scott Krasny Krasny & Dettmer Admitted to Florida Bar Troy Stephan Law Office of Troy W. Stephan, P.A. St. Thomas University School of Law Admitted to Florida Bar 2000

MOUNT CALVARY BAPTIST CHURCH ENGLEWOOD, NJ

PASTORAL VACANCY ANNOUNCEMENT MOUNT CALVARY BAPTIST CHURCH ENGLEWOOD, NJ Senior Pastor Application Name of Applicant Instructions: Please fill out the attached application in complete detail. If there