JamesJ.Bell

Recent Articles

Bell/Whelan: 3 things to know about requests for client information

September 7, 2016
Here are three things to know when a third party requests information about your client, including don’t be cooperative, civil or otherwise charming.
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Inside the Criminal Case: The exclusionary rule is on a losing streak

July 13, 2016
The latest defeat for the exclusionary rule came in the case of Utah v. Strieff.
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Inside the Criminal Case: When your client is speaking to others

March 23, 2016
“Say nothing.” This advice seems simple enough, but any attorney with a few years under his or her belt knows that the advice is often not heeded.
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Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss

January 27, 2016
On Dec. 30, 2015, comedian Bill Cosby was charged with sexual assault in Pennsylvania. These charges stemmed in part from various admissions Mr. Cosby made in a deposition in a civil suit. After learning this news, several thousand criminal defense lawyers scratched their balding heads as they Monday morning quarterbacked the decision to submit Cosby to a deposition.
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Bell/Whelan: 3 things to know about civility and discipline

December 30, 2015
As it turns out, acting in a civil manner is not just a way of being polite, or being a good advocate or a way to make the profession look good. In fact, being uncivil in and of itself can lead to disciplinary sanctions.
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Inside the Criminal Case: Gluten, grandpas and reasonable suspicion to stop a vehicle

December 2, 2015
“Back in our day,” reasonable suspicion for a traffic stop was based upon objective evidence that the suspect had committed a traffic violation.
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Bell/Whelan: 3 things to know about reporting ethics violations

November 4, 2015
If you’re like us, you’re a lawyer who enjoys giving advice to others. As attorneys who represent other attorneys in disciplinary matters, we often receive requests to give ethics advice to lawyers. As luck would have it, we like lawyers and generally enjoy giving advice to lawyers when we can.
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Inside the Criminal Case: New playbook for prosecuting white collar crime

October 7, 2015
There is a theme that permeates the news reporting of the 2008 financial crisis: no one went to jail as a consequence. In possible reaction to this theme, the U.S. Department of Justice recently issued a bulletin that has since been referred to as the “Yates Memo.”
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3 things to know about the ethics of files

September 9, 2015
A formal opinion recently issued by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility sheds light on what materials belong to the client.
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Concerns with supervised release conditions

August 12, 2015
The 7th Circuit has issued a series of additional opinions, shedding more light on the goals, scope and limitations of conditional release.
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