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Samuel C Stretton

Samuel C Stretton

June 01, 2017 | The Legal Intelligencer

Criticism of New DA Shows Lack of Understanding of History of the Legal System

There has been a lot of criticism when a very active defense counsel was elected district attorney in Philadelphia County. Are there ethical implications?

By BY samuel C. Stretton

8 minute read

May 25, 2017 | The Legal Intelligencer

A Review of Sanctions Would Benefit the Judicial 
Disciplinary System

The current judicial system created by the 1993 amendments to the Pennsylvania Constitution has been working fairly well. The Judicial Conduct Board was created under Article 5, Section 18 of the Pennsylvania Constitution as was the Court of Judicial Discipline. Rules of Procedure for both the Judicial Conduct Board and the Court of Judicial Discipline have been promulgated.

By Samuel C. Stretton

21 minute read

May 18, 2017 | The Legal Intelligencer

Lawyers Should be Careful When Telling Witnesses Not to Cooperate

I have a criminal case coming up and the district attorney and detectives want to talk to some of the witnesses I listed in the alibi notice. Can I tell those witnesses not to speak to the district attorney?

By Samuel C. Stretton

13 minute read

May 11, 2017 | The Legal Intelligencer

Contacting Jurors Is Prohibited Pretrial; Ask a Judge Post-trial

By Samuel C. Stretton

20 minute read

May 04, 2017 | The Legal Intelligencer

A Lawyer Can Dispose of Files Once the Statute of Limitations Time Period Is Up

My law firm is running out of space both in the office and in storage for the large number of closed files. I would like to destroy all files that are older than 10 years. Are there any ethical problems with doing so?

By Samuel C. Stretton

22 minute read

April 27, 2017 | The Legal Intelligencer

Contingent Fee Agreements Are Allowed Under Very Limited Circumstances in Domestic Matters

I am a lawyer who does quite a bit of domestic work. May I have a contingent fee arrangement for a domestic case for the equitable distribution claims I am making?

By Samuel C. Stretton

13 minute read

April 20, 2017 | The Legal Intelligencer

Judges Should Be Very Sensitive to Ex Parte 
Communications Rule

How far can a judge go in ex parte communications? In this case, a person was released on ROR bail to a mental health assessment organization. Later, the judge revoked the bail based on conversations the judge had with the director of that organization and other unknown persons. There was no motion filed to arrest the person by the district attorney or defense counsel. Is that proper judicial conduct?

By Samuel C. Stretton

14 minute read

April 13, 2017 | The Legal Intelligencer

A Handshake and an Oral Agreement Is Not Enough in a Referral Arrangement

Lawyer 1 referred a personal injury case to Lawyer 2. At some point, Lawyer 2 referred the personal injury case to me. I had a one-third referral arrangement with Lawyer 2. Lawyer 1 is now claiming he is also to be paid a one-third referral arrangement. What are my obligations ethically and legally?

By Samuel C. Stretton

18 minute read

April 06, 2017 | The Legal Intelligencer

Age Should Not Be a Factor When Considering Federal Judicial Appointments

I am hearing rumors that there are age limitations for appointment to the federal judiciary. Is that true?

By Samuel C. Stretton

16 minute read

March 30, 2017 | The Legal Intelligencer

Firms Can Bill Higher Rates for Nonlawyers' Time as Long as It's in the Fee Agreement

When either a paralegal or perhaps a contract or independent attorney does work for a firm can be an issue. A firm pays the individual, say $30 or $40 an hour, but then the firm bills the time at an associate or partner's rate of say $250 or $300 an hour. Although that has been done at times, the misconduct could create serious disciplinary consequences.

By Samuel C. Stretton

11 minute read