In his Evidence column, Michael J. Hutter, a professor at Albany Law School and special counsel to Powers & Santola, writes that recently, in a thoughtful opinion authored by Justice Peter Skelos, the ...

The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in ...

The witness-advocate ethics rule sometimes prevents lawyers from trying a case if they are necessary fact witnesses. Such an admittedly unusual scenario can also implicate privilege and work product ...

Sam Bankman-Fried's presentation in court won't kick off until later this week, but it's already clear his defense may hinge on one key witness: himself. That's according to Kevin O’Brien, a partner ...