The show hosts, Patrick T. Doherty, Esq. and professional radio host Joe Dougherty, enjoyed a lively discussion with Mr. Alston. The program discusses unique aspects of ThePhillyLawyers and our legal team—Emmett Madden, Andrew Alston, Megan Harkins, and Mindy Torjman.
Enjoy a listen here to get a sense of how ThePhillyLawyers is different from other law firms.
ThePhillyLawyers brings a personalized approach to client representation. We really get to know our clients. We learn about our clients’ individual, human stories. While our representation is typically sought out after an individual suffers an extreme life event, we dig deeper to understand that one event is not the full story. Our holistic approach means that we walk in the shoes of our clients. We invest time and energy in learning about our clients—their backgrounds, their present conditions, and their future aspirations. What barriers exist and how can we reduce the barriers to get our clients to where they wish to be. We get to know their families, their suffering, their conditions, and we come up with creative ways to help make their lives better. Each of our clients brings a human story. We listen, we ask questions, we investigate. And then we bring our clients’ human story alive through our dynamic and creative representation.
We use our personalized approach to win the highest possible settlements or trial judgments in civil personal injury cases. Similarly, we use this personalized approach to secure justice for our criminally charged clients.
With our client-centered approach, not only do our clients feel seen and understood, but our understanding helps affect the best possible outcomes for our clients. When we think about doctors, we frequently talk about the doctors’ bedside manner. How does the doctor interact with their patients? Does the doctor rush in, do a cursory examination, and then rush to a judgment without ever really listening to his/her patient and learning their history? Does the doctor miss issues or give incorrect diagnoses? Certainly, no patient who wants the best medical outcome should work with a doctor with a poor bedside manner. Similarly, in our legal representation, ThePhillyLawyers prides ourselves on having the best bedside manners. We are relatable and compassionate. We are accessible and trustworthy strategists. We earn our clients’ trust from the beginning, and, after the legal issue is resolved, we have earned our clients’ praise.
ThePhillyLawyers brings persuasive, cutting-edge use of visuals to our client representation. Mr. Alston was also asked to talk about ThePhillyLawyers unique use of visuals in the courtroom. We are the forefront of the persuasive use of visuals. In fact, Mr. Alston is frequently invited to lecture on these topics at legal advocacy programs—such as the National Institute of Trial Advocacy—and various continuing legal education programs and law school trial advocacy programs.
ThePhillyLawyers brings its unique approach of thorough preparation and top-level advocacy to client representation. Another topic explored during the radio program was how clients will do best to hire the most talented and most persuasive attorney rather than the most (paid-for) advertised. The bought-and-paid-for billboard and television advertisements by certain law firms claiming to be the most aggressive or the largest or some other superlatives about the biggest cash recoveries for other clients are ridiculous claims. That is, such claims have nothing to do with helping the individual clients suffering catastrophic personal injuries.
When an injured person is trying to find “the right lawyer” it is very difficult for injured people bombarded by over-advertised personal injury attorneys/firms to really find the right lawyer for them. As the program discusses, an injured person should pause and consider what they really need. That is, what will best serve your individual client interests? A big billboard or television commercial will do nothing to get you what you need. Rather, what a seriously injured client needs is to hire the law firm that will best-know each individual client’s life story and apply the appropriate skills to win the best outcome. The skills needed are high-level legal representation based in thorough preparation, top-quality writing, talented oral advocacy, and persuasive visuals. That intelligent recipe is exactly what ThePhillyLawyers, as a boutique firm, consistently brings to our clients.
Check out our 5-star reviews on Google to get a sense of our satisfied clients. If you, or your family member needs our services, call ThePhillyLawyers today at (215) 884-9300.
Recently winning a jury trial for rape charges in Philadelphia was a proud victory for us. We knew our client was innocent. Given the political climate, the odds were against us. And, of course, with a young man’s freedom on the line, the stakes were high. But we were able to relentlessly advocate to achieve a full acquittal. And now, we are very proud to share that we won another very similar case in Delaware County this month.
Be wary of any lawyer who claims to win all their trials. As others have put it, “that’s how it is with legends. The greater they sound, the more [they] must’ve left out.”
However, in terms of real case outcomes, we know from the data that once sexual assault or rape charges are brought, it is very difficult for the accused to prevail. But lo-and-behold, ThePhillyLawyers is proud to share some reflections and takeaways from our most recent college campus rape trial.
What we have found is that in our current political environment, i.e., the #MeToo movement, the police and prosecutors seem afraid not to charge a man whenever a woman makes a claim against a man. Based on recent cases we have handled, and studying the trends, we have found this typing of criminal charging—even after the police/prosecutor only hears one side of a story—occurs frequently on college campuses.
Also, from what we have learned from our cases, while there is no one reason that can be stated with certainty, the mixture of college students engaging in adult behaviors with partners who they often only just met, along with the combination of alcohol, frequently results in consensual sexual encounters that are later regretted.
When a consensual encounter that is later regretted gets reported as a sexual assault or rape, and when the police and prosecution accept the accuser’s version with no corroboration or real physical evidence, it leads to charging innocents. In these scenarios, we have seen that the police engage in what social scientists call confirmation bias, i.e., they essentially ignore any evidence that does not support their guilt-laden narrative.
In one of our recent cases, the prosecutrix alleged rape when she felt rejected by our client who lost interest in her after their sexual encounter. In another of our recent cases, the prosecutrix alleged sexual assault as a “medical reason” in order to get refunded her tuition money and better academic record for a semester that she would have otherwise forfeited tuition for and failed academically when she was beyond the withdrawal deadline for the semester.
In both cases, we thoroughly investigated the matters and brought to light a number of disinterested witnesses—who the police and prosecutors had actually failed to interview. These witnesses shared with us critically important information that showed us that the sexual encounters were actually consensual. In these two recent cases, the police/prosecution had failed to investigate thoroughly or ignored the disinterested witnesses’ evidence, which did not support a guilt-laden narrative. Such “stacking the deck” or negligent investigation is inexplicable.
Based on this culture of police and prosecutors unquestioning acceptance of a complainant’s version, these rape and sexual assault charges are frequently brought against innocent young men. And we have noticed that at trial the prosecutor clings tightly to a certain Pennsylvania jury instruction that basically stands for the proposition that a jury can convict a defendant in these types of cases based upon the uncorroborated testimony of the accuser. There are, however, many other jury instructions that require the jury to more closely scrutinize the prosecution’s case.
Because of our independent investigations in both cases, and our scrutiny and challenge to the prosecutions’ narratives, we’re proud to share this second, recent favorable outcome in a college student sexual assault trial.
After the relief of the outcome sunk in, our client shared with us that he is “so thankful for you guys. I’ve been visualizing this day/feeling for the past 2 ½ years and it’s even better than I can even imagine.” In an unjust system that, at times, seemingly has the presumption of guilt with certain types of charges, you need a lawyer who is not afraid to fight for justice.
Bicycling is my sanctuary. Fifteen years ago, when both my parents fell ill, I asked their neurologist what I could do to stave off illness. Her answer: stay active, stay fit.
Cycling has brought me so much more than physical fitness. It has brought balance to my stressful and busy life. Cycling has helped me clear my mind through meditative, cardiovascular activity. I take pride in my progress as a cyclist, and I have become part of a positive, eccentric, and diverse community of fellow cyclists. But it feels increasingly dangerous on the roads.
In the last month, cars killed two cyclists in my community: one up the street from my home, as I was blocks away on my bike:
Bicyclist fatally struck by a car in Jenkintown.
And another on Henry Avenue by Roxborough:
Kevin Saint Clair died after being hit while riding his bike
Kevin was a long-time member of my team, Guy’s Racing Club, and an active racer.
On November 19th, the Bicycle Club of Philadelphia organized a World Day of Remembrance 2023, an annual event to honor people who have lost their lives to traffic accidents in the Philadelphia area. I was proud to take part.
I understand the risks of getting killed by a driver. Motorists, I implore you to please drive safer. Safer roads benefit drivers, pedestrians, and cyclists. Here are my requests for motorists:
Be Present
From work to family life, being present and in the moment makes you better. No matter if it is night or day, bike lane or no bike lane, cyclist and pedestrians have equal rights on the road. Think about that fact next time you are driving and are forced to change your behavior to safely pass a cyclist. A good driver expects the unexpected, observes what is on the road and makes calm, safe decisions. Be present and not angry. Be present and react safely to fellow humans walking, riding, or driving. You will be a better driver, happier, and safer, if you accept the fact that we all have equal possession of the roadways. Give cyclists space when you pass them—it is the law—and please don’t pass cyclists by recklessly driving into oncoming traffic. Your lack of patience does not justify endangering everyone else.
Calm down
My observation is that too many car drivers drive with a heighten sense of urgency. The idea of waiting a few seconds, and safely passing a cyclist, appears to be an offensive suggestion to many motorists. When you get in your car to go somewhere, please calm down. The sacrifice and inconvenience of passing a cyclist without risking your life, their life, or the life of other drivers, is well worth those seconds. Share the road means respecting other’s right to exist on the road.
Slow down
If you are speeding, you have less time to react to emergencies and less time to avoid an accident.
Phone down
Do not use your phone while driving. Not worth the risk, please.
Please keep the above in mind and make our roads safer for all users. I promise to be an advocate to make the roads safer for cyclists and I ask you to please join me.
What does a “Petition for Expungement” mean and why should I file one?
If you have been arrested and the charges were withdrawn, dismissed, Nolle Prossed (dismissed by the District Attorney), you have completed ARD (Accelerated Rehabilitative Disposition), or found Not Guilty, your criminal record associated with this docket number will still be out in the universe for all to see, indefinitely. These charges will still appear on any criminal background check of your name or social security number. A criminal record will cause major difficulties when filling out a rental application, applying for a job, entering the military, applying for a credit card, and a host of other scenarios. The only path to a clean criminal record is the filing of a Petition for Expungement.
The courts are not required to remove or expunge your criminal record once your case is resolved, even if your charges were dismissed, withdrawn, or Nolle Prossed. These charges will still appear on all criminal background checks even if you have completed ARD or were found not guilty by a jury or a judge.
Why do I need to file this petition? Because you need a clear criminal record. A Petition for Expungement is a motion filed with the Clerk of Courts in the county of the arrest. Once granted, your entire criminal record associated with your specific docket number is removed and destroyed from the Unified Judicial System of Pennsylvania. All charges relating to this particular docket number are wiped clean from the system and the entire matter is removed. Any agency involved in the original charges is ordered by the Court to remove this docket number from their system, certify this removal and the physical destruction of the file. The local court and police department where the charges originated are ordered to destroy your file. The District Attorney’s Office and the Administrative Office of Pennsylvania Courts are also notified and ordered to remove your record from their database. Even the Pennsylvania State Police are so ordered.
ThePhillyLawyers have filed hundreds of Petitions for Expungement for their clients. It is a simple and painless process with extraordinary results… a clear criminal record. Although the process may take a few months to conclude, a Petition for Expungment is the only path to a clear criminal record. There are, however, some charges that cannot be expunged or may require a five-year waiting period to file. Please call ThePhillyLawyers and see if your charges can be expunged so you can have a clear criminal record.
Lauren was stopped at a red traffic light when another driver slammed into the rear of her car. Lauren unfortunately waited nearly two years before contacting us. Because she waited so long, she nearly missed her opportunity for compensation for her injuries.
In Pennsylvania, you have two years from the date of an accident to take legal action against the negligent person or business. If you wait longer than two years, it is likely that you will not be permitted to bring your claim. This is called the statute of limitations period.
The driver who hit her also did not carry sufficient insurance coverage. Unfortunately, in Pennsylvania, the state-required minimum insurance coverage is extremely low; therefore, carrying sufficient Uninsured and Underinsured Motorist (UM/UIM) insurance coverage is one of the most important, and most overlooked, insurance decisions an individual needs to make. Without sufficient UM/UIM coverage, if you are seriously injured by a negligent underinsured, or uninsured, motorist, you risk receiving nothing. UM/UIM coverage protects you from other drivers who either have no insurance coverage or who have a policy limit that is too low to cover the cost of your injuries.
With the very short window afforded to protect Lauren’s rights, we immediately filed suit against the other driver and against Lauren’s own insurance company.
We determined that the defendant driver caused the accident and was distracted and on her cell phone. We added punitive damages to our lawsuit and argued that such outrageous, reckless conduct by the other driver causing the accident, constituted a disregard for the safety of others warranting punitive damages. Courts award punitive damages to punish a defendant deterring similar conduct in the future.
Due to COVID-related limitations in healthcare, Lauren did not treat as extensively as she required. Since she did not get sufficient medical care, her injuries did not resolve.
Because we aggressively advocate for our clients so that the true severity of their injuries is known and quantified, we have a full array of doctors, nurses, and experts who work with our attorneys so that injuries are understood and explained. This helps ensure that they receive the best financial compensation. In Lauren’s case, since the less invasive medical providers had been unable to understand and treat the full extent of her injuries, we encouraged her to consult with a spine surgeon. The spine surgeon was able to properly diagnose and care for her injuries.
Prior to this accident, Lauren was a hardworking nurse, but because of her accident injuries and the demands on her schedule to attend treatment, Lauren was out of work and ultimately lost her job.
When Lauren was out of work, it put significant financial strain on her family. Even though she diligently tried to return to work, the accident and injuries simply would not allow her to work.
We prepare every case as if we were going to a jury trial—sparing no effort or expense—making sure Lauren would get the compensation she needed, deserved, and was entitled to under the law.
The other driver’s insurance defense lawyer and Lauren’s own insurance company understood we were well-prepared and very serious about securing justice for Lauren. Because of our approach, ultimately, we were able to achieve a substantial six-figure settlement for Lauren.
We feel fulfilled when we secure fair compensation for our clients and are proud of this result. That is because when Lauren came to us, she was nearly out-of-time to bring any claim. She was not receiving proper medical care, and the defendant had insufficient insurance coverage. After Lauren hired us, we protected her rights, helped her access the specialists she needed, and earned her a substantial pre-trial settlement. If you have been severely injured by a careless driver, you need a lawyer with experience who will invest the time, energy, and resources necessary to hold the other driver, the other driver’s insurance company, and your own insurance company accountable to achieve justice and proper compensation for you.
Paul was a college student at Temple University. (Name changed for privacy.) Paul excelled in his studies, his service work, and his social life. Others on campus viewed Paul as a popular, good-looking young man teeming with potential. But two years ago, his life was turned upside down.
After meeting another college student, Paul had a consensual sexual relationship with that newly-met, female college student. But after the relationship, the female college student reported the encounter as rape and sexual assault.
The police assigned a detective. Even though the detective failed to speak with important witnesses, visit the scene, or conduct other important investigation, the detective obtained an arrest warrant for Paul. When the detective called Paul, who was in class at the time, Paul’s initial thought was that it was a SPAM or prank phone call. Unfortunately, this was the start of Paul’s nightmarish reality. Paul and his family have lived in terror knowing the potential jeopardy Paul faced due to these accusations.
Sadly, sexual violence, sexual assault, and sexual misconduct are rampant on university and college campuses. See, for example, Sexual Misconduct survey results released for all Penn State campuses showing 19.6% of undergraduates and 7.7% of graduate/professional students at University Park reported being the victim of at least one instance or attempt of sexual assault. Similar numbers are reported on campuses throughout Pennsylvania. These numbers are startling and terrible.
While such assaults are tragic when they occur, another horrible reality is that sometimes there are false reports of sexual assault. That is, also sadly, false accusations of rape and sexual assault also occur. Statistics vary on the prevalence of false reports of sexual abuse (some studies estimate as low as 2% to 10%) but those numbers are much more difficult to determine. Unfortunately, such a false report was exactly what occurred in Paul’s case.
Paul’s family was paralyzed with the news, and Paul suffered all sorts of collateral consequences from the accusation while he waited almost two years for his trial. Paul’s family needed help.
Paul hired ThePhillyLawyers to defend him against the accusations. ThePhillyLawyers, attorney Emmett Madden and attorney Andrew Alston, thoroughly prepared and investigated pre-trial and then vigorously defended Paul at his jury trial. After cross-examining the prosecution’s witnesses, we presented extensive fact and character witnesses. We showed the jury what the police and prosecution had not. We investigated. While it is not the defense’s burden to prove innocence, by the conclusion of the trial, we had, in fact, proven Paul’s innocence.
The jury returned a verdict. Not guilty of all charges. Paul is now a free man without having living in terror at the thought that his freedom may be snatched away from him. With the jury’s verdict, he and his family could finally start to heal. We were able to achieve justice so Paul and his family can finally start to heal.
The following was written by an observer who watched the trial. She posted the following five-star review on our Google page. We’re proud to share her feedback:
I had the privilege of sitting in on a 3-day criminal case and saw first hand how brilliantly both Emmett and Andrew fought for the rights of my close family friend, ultimately resulting in a deserved “not guilty” verdict. Particularly, I was impressed with Emmett’s relentless cross examination of the plaintiff, resulting in her finally admitting truth she was withholding. Andrew was also extremely skilled in cross-examination and delivered a very passionate and well-planned closing argument that tied together the most crucial nuances in the case for the jury to more easily result in a “not guilty” verdict. These attorneys treated their client as their own family member, and fought for his rights as if he was. His case was taken seriously from beginning to end and I highly recommend these two attorneys.
In an unjust system that, at times, seemingly has the presumption of guilt with certain types of charges, you need a lawyer who is not afraid to fight for justice.
ThePhillyLawyers is composed of lawyers who are former public defenders, and Emmett Madden is Of Counsel at Kilkenny Law, a municipal law practice. We respect and understand public interest lawyers. We are also familiar to their blind spot in identifying personal injury cases.
Public interest lawyers use their legal skills to fight for important causes and on behalf of marginalized clients. At the city, state, and federal levels, public defenders and prosecutors are vital to our criminal justice system. Similarly, our civil justice system relies on a wide range of public interest lawyers including, but not limited to, legal aid, deputy attorney generals, city solicitors, municipal attorneys, civil rights, and social justice attorneys.
While public interest lawyers are doing important work in their legal specialties, it is also vital that these lawyers do not miss opportunities to help their clients get financially compensated. A prosecutor may handle a DUI-related matter in which the victim was injured by a person who was over-served by a bar. The prosecutor’s client is the victim and may be seriously injured. The prosecutor focuses on obtaining a conviction. To help make the victim whole, the victim should also be referred to a trustworthy civil litigator who can bring a civil motor vehicle and “dram shop” claim for damages against those responsible, the driver and the bar.
For a public defender, the same analysis applies in DUI, assault, or any matters where someone is injured at the hands of another. The public defender’s focus is obtaining an acquittal or negotiating a favorable plea bargain and mitigated sentence. However, if your DUI client was injured due to being overserved alcohol, or served alcohol after being intoxicated, they should be referred to a trustworthy civil litigator who can evaluate whether your client can bring a civil “dram shop” claim for damages against the business that sold alcohol to an intoxicated person. Such a suit can help your client with his/her injuries and life challenges following the accident, by getting them a large cash settlement.
Similarly, for public defenders, if your client was injured or died while at a drug and alcohol facility, based on unsafe conditions, inadequate security, negligence, or malpractice, your client has a civil lawsuit against the facility. To hold the facility accountable and cover the damages, your client, or their family should be referred to a lawyer with experience in these types of cases. This holds true anytime one person is injured due to action or inaction of another.
For municipal attorneys assisting government employees, the attorney should not lose sight of any potential third-party liability cases. A Third Party case means that injuries are someone else’s fault. The municipal attorney should consider referring their injured client to an experienced personal injury attorney to evaluate and assist with any claims, ensuring that their client receives all the money to which they are legally entitled.
There are countless instances of how public interest lawyers can truly help their clients by referring them to an aggressive, compassionate personal injury lawyer. These lawyers secure life-changing money for your client. It does not help your client to miss opportunities for justice simply because it is outside of your practice area. To help your client’s access justice and financial compensation, it is important to keep your eyes open for potential referrals.
A good doctor refers their patient to an appropriate specialist. In fact, that is the doctor’s duty of care. A good lawyer should always do the same.
Rules of Professional Conduct encourages lawyer referrals and receiving referral fees. For instance, Rule 1.1 Competence (namely the Comment to the Rule) discusses referral or consultation with another lawyer when novel/specialized legal issues present. The rules of ethics encourage referrals and importantly, these rules encourage that you, the referring attorney, are paid a referral fee. Your sacrifices as a public interest lawyer do not mean you miss out on the benefits of referral fees.
You, as the referring attorney, are entitled to a referral fee when you refer injured clients and witnesses to honest and respected civil litigators who can recover on behalf of your client. (Some offices do have specific rules relating to referral fees, so be sure to check with your public interest law office’s management if you need information on that.) But even if your office is one that precludes you from receiving a referral fee, you will still benefit your client by making such a referral since it may help your client secure life-changing justice when they are severely injured. When these types of matters hit your radar, call us at (215) 884-9300 to learn how ThePhillyLawyers can help.
Emmett Madden was invited by the Pennsylvania Bar Institute—which is recognized by The Legal Intelligencer as the award-winning continuing legal education provider in Pennsylvania—to serve as a panelist and lecturer on criminal defense practice.
The 5 County Criminal Practice legal educational program is the popular annual program that focuses on how to defend successfully a criminal case in the 5 County area—Montgomery, Philadelphia, Bucks, Delaware, and Chester Counties.
The course planners invite five of the region’s highly respected criminal defense lawyers to teach other lawyers the ins and outs of each county’s criminal justice system. Mr. Madden was selected by the course planners of the Pennsylvania Bar Institute to present on criminal procedure and criminal defense in Montgomery County. After developing real-work experience, insight, and skills over many years, Mr. Madden is proud to be recognized as a criminal defense specialist, and he is happy to help educate our next generation of lawyers. Thanks to the Pennsylvania Bar Institute for this opportunity.
If you, or your family member, has been arrested, call ThePhillyLawyers today at (215) 884-9300. We fight to protect your rights and your freedom with personal attention and aggressive representation.
