Litigation

By: Christoper L. Turner

If you are arrested for driving under the influence of alcohol (DUI), and this is your second offense, you may be wondering if you have options concerning sentencing. In other words, is there any alternative punishment options to the mandatory penalties imposed under the DUI laws? Fortunately, there are.

The Pennsylvania Sentencing Code sets forth general sentencing alternatives which includes a county intermediate punishment program or “IPP”. You must apply for IPP and then follow its requirements to be accepted into the program and sentenced according to its guidelines.

However, acceptance into IPP mandates certain sentencing requirements that are different then the general sentencing guidelines imposed under the DUI laws, including variations on the total hours of required imprisonment. You should contact this office and ask for Christopher Turner for further information on IPP and to help you consider whether such program is best for you.

By: Anthony T. Verwey

There is an interesting article in the December 8, 2009 Legal Intelligencer regarding a claim that the attorney-client privilege is waived if a client uses an employer’s computer to exchange email with her attorney. It appears that the client was preparing to sue the employer and used her corporate laptop to exchange email with her attorney via a personal, password protected, web based email account. The employer apparently had a policy advising employees that their computer/email use would be monitored and that they had no expectation of privacy in this regard. The trial court found that the privilege did not protect the emails, but the intermediate appellate court reversed. The matter is now pending before the Supreme Court of New Jersey.

In cases where an attorney represents an individual, for example in a DUI, divorce, personal injury action, etc., it may be worth advising a client, preferably in the engagement letter, to refrain from using their employer’s computer for communications with you related to the representation to help ensure that the issue of waiver isn’t given a toehold.

For more information please contact our office.