Do lawyers bend the rules when questioning witnesses by asking impermissible questions just to get the jury thinking about them?

By Jennifer Ellis, Legal Ethics Attorney in PA, USA (I am not your lawyer. Not legal advice.) via Quora.

Good lawyers? No. Bad lawyers, maybe. Often, if a lawyer does this, it is because they don't actually know what they are allowed to ask and what they are not allowed to ask. 

Here's the thing about being a lawyer. Your reputation is very important. If you get a reputation for asking improper questions it isn't going to help you with other lawyers or the court. Judges might be more inclined to give the other side the benefit of the doubt when you ask an improper question or when you yourself make an objection. The legal world really is very small. Your reputation follows you around. 

The practice of law really isn't much like it is on tv. There isn't a lot of this, ask an improper question, OBJECTION, withdrawn.

In a criminal cases, if the prosecutor does it and if the question and the result is harmful enough, it could cause a mistrial.

In a civil case, it could cause financial sanctions against the lawyer and/or his client.

In either case, it could create a basis for an appeal for the losing side, if the question was asked by the opposing side and caused enough harm.

Michael Pisanchyn on KQV News

Attorney Pisanchyn on KQV News

Attorney Pisanchyn talks with KQV News about the need to get his clients, who have been sexually assaulted while in Butler County Jail, out of the facility.

Click here to hear the interview

An arrest warrant has been issued and charges have been filed in relation to this case against Luis Quinones, a Trinity Services Group employee, who worked in the prison kitchen, but has since been removed from the prison.

Hearing Granted to Inmates Sexually Assaulted in Butler County Prison

Inmates in sex assault case get hearing to leave prison

The two Butler County Prison inmates who claim they were sexually assaulted in the prison will get their day in court.

 

County President Judge Thomas Doerr today scheduled a hearing for a petition by two inmates wanting to be released after reporting a prison food service vendor worker had assaulted them.

 

During the hearing, which will be June 7, the inmates’ attorney, Michael Pisanchyn, will present a case for his clients, who allege vendor worker Luis Quinones, 27, of Butler had inappropriate sexual contact with them.

 

Pisanchyn said his clients need to be removed from the prison because that is where they were traumatized.

 

Following the accusations, Quinones was charged with institutional sexual assault, criminal attempt of institutional sexual assault and indecent assault.

 

Quinones, a Trinity Services Group employee, worked in the prison kitchen, but has since been removed from the prison.

Pisanchyn Law Firm Fights to Protect Sexually Abused Inmates

Two clients were sexually assaulted by prison employee while incarcerated

BUTLER, Pa. —An attorney filed a motion Friday to get his two clients out of the Butler County Prison where he claims they were sexually assaulted by an employee.

“I have a feeling that they are going to have problems long-term from being assaulted in a place where they were helpless, vulnerable and had to do what this perp told them to do,” attorney Michael Pisanchyn said.

VIDEO: Watch the Pittsburgh’s Action News 4 report

He said his clients were serving time after pleading guilty to crimes like burglary and drug possession.

The motion says, “(the) incidents occurred over a period of time and despite being investigated for a length of time.”

In one case, Pisanchyn says his client could have served his sentence out of prison, but relatives requested he be held there to help him fight an addiction.

Now he says both his clients are in need of serious help.

“What they can do by coming forward is make sure that they prevent this from occurring to anyone else,” Pisanchyn said.

The identity of the prison employee is not being released at this time.

Inmates Sexually Assaulted in Butler County

Inmates accuse worker of making sexual advances

BUTLER COUNTY, Pa. —

An investigation is underway at the Butler County Prison after inmates claimed a worker made sexual advances on them, the inmates’ attorney told Channel 11 News Friday.

 

Two inmates have come forward, saying they have been subjected to sexual innuendos, advances and contact while serving their time at the prison.

Channel 11 News learned that one of the inmates is at the prison for violating probation after serving time for possession of drug paraphernalia, while the second inmate is serving time on a burglary charge.

 

According to documents filed by Mike Pisanchyn, the inmates’ attorney, one inmate suffers from addiction and called his family on Thursday crying because of the alleged sexual assaults.

Pisanchyn told Channel 11 News it was a kitchen worker inside the prison who targeted both of his clients.

 

“I believe they’re heroes for coming forward. No one wants to talk about this when sexually assaulted in numerous ways. Hopefully by them coming forward, we can prevent it from happening to other people,” he said.

 

The Butler County Prison warden told Channel 11 News that he became aware of the allegations last week and said the accused employee is a contract worker for Trinity Food Services. The warden said the worker is banned from the prison until the investigation is completed.

 

Calls and emails to Trinity Food Services Friday evening were not immediately returned.

Pisanchyn said the inmates should not be forced to stay in the prison during the investigation.

“They’re in a henhouse with a fox, so we’d like to get them out as soon as possible,” he said.

 

A call to the Butler County District Attorney’s Office for an update on the investigation also was not returned Friday night.

Abuse Lawsuit Filed Against Glade Run Lutheran Services

Lawsuit alleging abuse, neglect of teen

ZELIENOPLE, Pa. —  A family is suing Glade Run Lutheran Services, a group home in Zelienople, claiming that a 13-year-old boy was abused and neglected at the facility.

Abuse and neglect lawsuit filed against Glade Run Lutheran Services in Zelienople PA

Attorneys for the boy and his family spoke Wednesday with Channel 11 News after filing the civil lawsuit.

“The thing that gets this little boy excited is the thought that Glade Run will no longer exist,” Nick Indovina of the Pisanchyn law firm said .

 

Channel 11 News has covered the residential treatment facility, which cares for children and teenagers with severe mental health issues, for months.

State inspectors found evidence last October of children having sex with other children on campus. As a result, the state Department of Human Services stripped the 56-bed facility of its license, which Glade Run is attempting to get back through an appeals process with the state. The campus has three additional facilities that have remained open pending the appeal decision.

 

No criminal charges were ever filed, but the state mandated changes, including firing the staff, hiring new employees and adding security cameras.

 

Indovina said the changes are not enough.

 

The lawsuit filed Wednesday details allegations too graphic for Channel 11 News to report about what the boy, now 15, endured from March to July 2015 while he was being treated at the group home for severe mental health issues.

 

The suit alleges that the staff failed to keep him safe from other children.

 

While Glade Run had yet to see the lawsuit, officials issued the following statement to Channel 11 News:

“Glade Run Lutheran Services serves our communities’ most challenging and traumatized youth, providing residential, school-based and community-based offerings to thousands throughout Western Pennsylvania each year. Many have complex mental health issues and behaviors that necessitate residential treatment for stabilization and healing. The safety of our clients remains our first priority, and we are committed to providing the safest environment for their treatment and recovery.

“The provision of human services to individuals with mental health issues is not without risks. These risks include physical harm to staff and potential litigation. The privacy rights of our clients preclude us from discussing any allegation that may arise. Glade Run has a longstanding track record of more than 160 years of successful care and treatment of traumatized youth, and is dedicated to protecting the best interests of those we serve.”

Pisanchyn Law Firm Published

Car Passenger Alleged Insurer Acted in Bad Faith on UIM Claim

The Pisanchyn Law Firm’s recent verdict in a Bad Faith case has been published in Pennsylvania Verdict Search. Insurance companies have a duty to act in good faith to their clients and the Pisanchyn Law Firm will fight to ensure they do on behalf of our clients.

Click here to read the verdict.