The twice-monthly “Dear Ethics Lawyer” column is part of a training regimen of the Legal Ethics Project, authored by Mark Hinderks, former managing partner and counsel to an AmLaw 200 firm. Read More

Q: Dear Ethics Lawyer, I have a couple of related questions about the ethics of offering evidence at trial. First, I have some evidence that’s not directly relevant, but I’d like to offer it and see what happens, as it would help show that the opposing party is a scumbag. There is a possibility that the other lawyer, who is less experienced, will not timely object. May I ask the questions to offer the evidence unless and until the other side objects and the court excludes the evidence?

Second, I have other evidence that is relevant but is hearsay. Again, may I offer it to see if the other lawyer objects and it is excluded? I’ve been at many trials at which hearsay that has not been objected to is admitted into the record.

Continue Reading November 14 Issue – Offering Inadmissible Evidence