Pennsylvania Attorney General Kathleen Kane is facing both criminal and civil litigation related to claims of defamation, false light, invasion of privacy and conspiracy for allegedly leaking grand-jury information and improperly releasing emails, as well as allegations that she inappropriately terminated an employee and violated First Amendment rights. In an article in The Legal Intelligencer, Thomas A. Bergstrom weighed in on whether it would be strategic for Kane to move for a stay of the civil litigation against her while the criminal case is pending.
Bergstrom described that seeking to stay the civil litigation is a strategy that makes sense for defense attorneys, as they do not want their clients to be deposed in a civil case and face more open-ended questions than the testimony given at a criminal trial. He also explained the importance of first focusing on the criminal trial, because the client could be jailed, rather than focusing on the document-intensive civil suit.
Read the full article (subscription required) – “Approach by AG to Trial Strategy May Hinge on Political Calculus” (The Legal Intelligencer, December 14, 2015)