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April 2015 Archives

Land Mine Emails

Clients have asked me if there are things that they could possibly do to assist them in strengthening their strategic-positioning in a case. One of the concepts I have created to assist my clients in strengthening their position is a concept called "Land Mine" emails. A Land Mine email is essentially a confirmatory email that is sent by the client to the opposing witness confirming a previous conversation or meeting. Embedded within this email will be a "land mine". This, therefore, is the distinguishing characteristic of a Land Mine email, versus a regular confirmatory-type of email. A confirmatory email simply acknowledges something that previously took place; wherein a Land Mine email is a purposeful email that is being sent to the potential opposing witness in anticipation that said witness will either: (1) agree to what the Land Mine email is indicating; (2) respond with some type of explanation; or (3) not respond at all - which may arguably be used as an adverse inference. The importance of the success of a Land Mine email is predicated upon the opposing witness's lack of knowing that the client is using an attorney, or has consulted with an attorney. If the opposing witness is aware that the client has spoken with an attorney, or has retained counsel, the opposing witness will be more on-guard with this type of an email. So, the chances of the witness showing the email to their attorney or being very guarded in responding to the email is greatly increased if they have reason to believe or know that the client has an attorney that they are consulting or have retained.

Chronically absent teacher fired from Florida school

As a teacher, you're expected to do your job. You can't miss work on a whim, and you need to have information stating why you've been absent for a long period of time when you're out for an illness. While that's the case, if you can't be reached for some reason, you should be able to explain yourself when you can get in touch.