Tag Archives: Nashville Attorney

Don’t take a Selfie with the Judge

cell phone banYesterday, I visited the Wilson County Justice Center in Lebanon, Tennessee on behalf of a client.  Upon approach, we noticed four different signs announcing cell phones or other recording devices were banned from the building.  Note, it was not just the courtroom, but the entire building.  As we approached security, the guards politely asked if we had cell phones on us.  Fortunately, they were in the car but the computer in my bag raised an eyebrow.  I flashed my all-access-I’m-an-attorney bar card and all was well (attorneys, employees and a few others are exempted from the ban).

Suspecting a good story behind the heavily advertised ban, I asked the ladies in the clerk’s office what prompted the zero tolerance policy.  Apparently, in at least one instance, spectators in the courtroom texted witnesses waiting outside what the witness on the stand said.  On top of that, judges did not like spectators taking pictures of the proceedings or of the judge personally.  I imagined a witness snapping a quick selfie with the judge in the background and Aunt Lelia snapping a picture of cousin Jack’s latest arraignment to share instantly with Mama and ’em or possibly on facebook.

A judge may make rules for her or his court.  Failure to follow those rules could result in contempt of court which could carry a fine or jail time.  See our article on pajamas in the courtroom or other cell phone-related contempt of court rules for Circuit Court in Davidson County, Nashville, Tennessee.  To be safe, you should always check local rules for your court to ensure you follow the rules perfectly.  A quick internet search on your phone could help you keep that phone.

According to this article, a violator is subject to a 10-day jail sentence and/or forfeiture of their cell phone.  And, as the cell phone is also a status symbol, some of them can be pretty costly (some iPhones retail in excess of $800+).  That is a pretty heavy investment to simply be locked away in a vault.

The moral of this story is simply don’t bring your cell phone or recording device into the Wilson County Justice Center in Lebanon, Tennessee.  The justice there is swift, the folks there are friendly but they take the cell phone ban seriously… and so should you.

-TLHR

 

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Petition for Civil Contempt of Court

You know it is coming, or at least you should. You were involved in a lawsuit but thankfully, you reached a signed settlement agreement that dictated what each party would do to resolve the litigation permanently. But…. time passed and you didn’t do some or any of the things you agreed to do. Why? That’s not the point now. What matters is you have been served with a Petition for Civil Contempt of Court and it is time to deal with the repercussions of your delay. civil contempt of court

What do you do now? Do what you agreed to do in the settlement agreement – and do it quickly! Sheer refusal or lame excuses will not go well with the court. Assuming you knew you had a duty to perform (you did sign the agreement) and you have the current ability to perform the task, your refusal or failure to perform under the settlement agreement can carry civil or criminal penalties. Yes. You. Jail. Not only could you get a dressing down by the Judge, you may also get a few days behind bars to think it over and “purge yourself of contempt”. In other words, you may not get out of jail until you perform under the settlement agreement. In fact, we are familiar with one local case where a former spouse failed to pay alimony under a Marital Dissolution Agreement (the settlement agreement) and was “housed” by the court for over two months until he made a substantial down payment on the overdue alimony.

If you have legitimate reasons for failing to perform – you can’t sell the house because it was destroyed by a tornado or you can’t deliver 10,000 widgets as agreed because a widget blight destroyed the entire international widget crop – then you have some room to work with here. Your attorney can confer with opposing counsel to determine if substitute action will suffice or perhaps all parties could modify the settlement agreement to reflect the substantial change of circumstances.

So, either way, it is time to act.  Doing so will save you time, expense and anxiety over the case.  Do what you need to do, get it behind you and move on with life.

Peace of mind is priceless.

-TLHR

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What if OJ had worn a Fitbit? – The use of Fitbit data in the courtroom

Fitibit_FlexAfter viewing part of the new OJ drama on television last night, I recalled seeing the white bronco drama unfolding on my own small television one summer law school.  The trial.  The glove.  The compliments on counsel’s hair.  The verdict.  It was fodder for a very hungry news machine.  As I watched the white bronco speeding down the highway again last night, I considered what the coverage of such an event would be now.  It would “telegraphed” by every iphone, tweet, Instagram, website, text, Snap chat, facebook post, blog and so forth now.  The frenzy would make shark week look like your kid’s fish bowl.

The media’s insatiable hunger for news has only increased and so has technology.  I awoke this morning to find yet another use of technology in the law.  Now your Fitbit could be used against you.  In other words, you may have the right to remain silent, but your Fitbit does not.

It counts steps.  It tracks your heart rate.  It knows when you are sleeping. It knows when you’re awake.  It can give an implication if you’ve been bad or good…. so be good for liability’s sake.

So, over coffee this morning, I marinated on this question, no matter what side of the verdict you were on, “What if OJ had been wearing a Fitbit?”

See the Forbes article by clicking here:

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Filed under Court, Litigation, technology in the courtroom