In Case It’s Not Obvious: Don’t Text Witnesses During Trial

A Florida state judge recently dismissed with prejudice a lawsuit alleging civil fraud involving the sale of a condo tower. During the trial, the plaintiff sent a text SMS text marketingmessage to his employee, while the employee was testifying on the witness stand in that case. The texter, Yizhak Toledano, CEO of the company that had filed suit, texted the company’s CFO while the attorneys were in sidebar. Not only was the case dismissed, but the plaintiff, thanks to the CEO’s text message, was ordered to pay the defendant’s attorneys’ fees and costs.  

It seems painfully obvious that texting your witness while he’s testifying is a very bad idea. What makes it more painful is that the plaintiff had improperly texted a witness during deposition just two months earlier, resulting in a reprimand from the magistrate judge.

[H/T Evidence Prof Blog]

Other Posts on the Intersection of Technology and the Law

Ethical Implications of “Friend-ing” a Witness on Facebook

Hopeful New Lawyers Will Be Subject to a Social-Media Review
Delaware’s Indian River School District Bans Cell Phones
Michigan’s Supreme Court Bans Jury Members from Mid-Trial Twitter Use

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s