For the Defense - Vol. 8, Issue 3 - 38

Discuss this waiver with your client with the same
seriousness you would discuss the waiver of any
constitutional right.30
*
Instructional content.
Example: A deeper dive into the basics of a
topic than ICYMI content, such as a white paper
or resource guide.
* Request discovery early and in writing. That way,
if the Commonwealth fails to provide requested
discovery, any required continuance will be on
the prosecution. If you have to follow-up with the
Commonwealth about discovery they have failed to
hand over, be sure to memorialize such requests in
a writing such as an email.
3. Use Different Formats and Media
* If a continuance is required due to the
Commonwealth's failure of diligence, be sure to
put that on the record at the time the continuance
is requested. Even if the judge does not rule in
your favor, you have at least preserved the issue for
appeal.
365-day period has elapsed. If the trial judge rules
against you and subsequently the Commonwealth
causes another substantial period of delay, file
a new Rule 600 motion based on this additional
time and litigate it prior to any trial to preserve an
objection to the additional time period.
One significant conclusion from the Passle survey is that no
one single format for content stood out as the most preferred
form among the respondents. This means that if you consistently
distribute content in a single format-client alerts for example-
you are likely to be missing a big portion of your clients, prospects,
and referrals. In other words, a mix of content formats is critical.
Example: Background or other content you've
written on a topic that will help readers fill in
their knowledge.
You don't have to create new content pieces for every channel.
Other ways to think about your content options include format,
media, and platforms/channels.
Using the strategy above, people both in and
outside my office have had tremendous success with
Rule 600 motions. Oftentimes, just making it plain
to the Commonwealth that you intend to seriously
litigate this issue can get you results. It is only one
weapon in your arsenal, but because a win means
discharge, it is a potent weapon that should never
be overlooked.
PANTONE
NOTES:
1
5. Align Your Content with Your Buyer's Journey
At its most basic, content marketing is about keeping clients,
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Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
2 U.S. ConSt. Amend. VI; PA. CONST. art. 1, § 9.
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3 Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
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* All motions to dismiss pursuant to Rule 600 must be
made in writing.31
Written content is the most traditional format, but within that
general category you have a lot of options beyond client alerts,
newsletters, and long form articles. For example, you can provide
clients with analysis and actionable recommendations through
Q&As, FAQs, checklists, resource guides and white papers, or offer
quick observations through a blog or posts on LinkedIn.
File your client's motion after the
* At the Rule 600 hearing, after the defense has
made a prima facie showing that the defendant
has not been brought to trial within 365 days,
the Commonwealth bears the burden of proving
that they have nonetheless acted with diligence.
This means that after the defense has made such
a prima facie showing, it is the Commonwealth
who should be required to put on its evidence
and the defense should only argue after the
Commonwealth has done so. Essentially, a Rule 600
hearing should proceed in form almost identically
to a suppression hearing. If the judge asks you
to argue prior to the Commonwealth's evidence,
make it clear that you could not possibly argue
on behalf of your client until you know what the
Commonwealth's evidence of diligence is.
4. Dial in All Your Channels
A much-used term these days in marketing is " omnichannel " -
along with multichannel or integrated marketing. All those
terms mean is that you are making sure that you are creating and
distributing consistent, quality content on every channel (read:
location or platform) where your clients, prospects and referral
sources are looking and therefore most likely to see it.
* If the Commonwealth appears at the Rule 600
hearing and does not present any evidence that
it acted with diligence-for instance, they did not
bring in the officer to testify to the attempts made
to find and apprehend the defendant-argue that
they have not met their burden because the burden
of proof includes the burden of production and
arguments of counsel are not evidence.
38 For The Defense l Vol. 8, Issue 3
In today's digitally driven world, firms have the option of
publishing on " owned " (or quasi-owned) channels: firm websites;
dedicated insight pages or knowledge centers they create on their
website or a separate branded site; blogs; social media like LinkedIn
and YouTube; podcast platforms; mobile apps; and outbound
email. They can also leverage legal knowledge platforms like PLIU,
and content aggregation services like Lexology and J.D. Supra.
Video is a popular and effective format for content and can
range from professionally produced pieces featuring one or more
people on camera or narrating graphics, to short-form videos-
think TikTok or Instagram Reels-type bites of information, insights,
or commentary. Visual content can also include infographics,
charts, live or recorded webinars/seminars, and slide decks/
SlideShare presentations.
Podcasts were the most preferred form of content in the Passle
survey (14% of respondents preferred Podcasts, as compared to
webinars at 13%, newsletters at 9%, email alerts at 6% and video
at 5%, to list a few of the options). Convenience is obviously the
appeal of podcasts, and the market is not yet oversaturated. One
potential downside to podcasts is that it does require at least some
special equipment and a platform, so it's potentially more costly
and time-consuming to produce.
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
constitutional test); Commonwealth v. Preston, 904 A.2d
1, 10 (Pa. Super. Ct. 2006) (the Barker test is an entirely
separate analysis from Rule 600 and therefore needs to be
raised separately).
Pa.R.Crim.P. Rule 600(2)(a); see also Commonwealth
v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
" prejudice " need be shown to obtain Rule 600 dismissal).
While Rule 600 has a more definitive time period, the sole
focus of Rule 600 is on the action of the Commonwealth.
Thus, a constitutional argument should be forwarded
when a delay prejudices a defendant and that delay was
primarily caused by the courts.
6 Pa.R.Crim.P. Rule 600(D)(1).
5
About the Author
Click here to view and/or print the
full notes section for this article.
PANTONE
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About the Author
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Katherine Ernst is an
appellate attorney with the
Montgomery County Public
Defender's Office. She
handles appeals from all
units, juvenile to homicide,
and she also formulates
legal strategy for pre-trial
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providing valuable information, and building trust with clients,
prospects, and referral sources in your orbit, until they reach the
stage where they are ready to hire (or send referrals to) you. Some
specific forms of content can be most effective in moving decision
makers through the different stages of the buyer's journey, from
" not even thinking about hiring a lawyer " through " looking
around " and " evaluating options " to " ready to hiring a lawyer/
firm. " In post-hiring phase, content is also critical to nurture and
solidify relationships, not only so they continue to send you work,
but also so they become referral sources for you. How to map
content into your specific buyer's journey is a whole article in itself
(stay tuned!).
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In the meantime, let your business development objectives drive
your content. For example, if you're looking to attract clients in
new markets or industries, focus on developing content and using
channels to extend your reach and generate awareness with new
and different audiences in those markets. On the other hand, if
you perceive that a good business development objective would
be to deepen your relationships with existing clients to get more
and better work from them, then focus on providing value-add
content in channels you've already established with those clients,
such as email, webinars, client alerts and perhaps even premium
access/client-only content available only to a targeted and select
group.
You can repurpose and reformat content into different formats
and for different distribution platforms. An easy example is to
make sure you post a link to any content you distribute on social
media. But beyond that, you can turn an article you write into
a webinar-or vice-versa, take the content from a presentation
or webinar and develop one or more articles or other written
pieces. The possibilities are extensive once you start thinking
" omnichannel " !
and trial units. Katherine graduated Magna Cum
Laude from Loyola Law School, New Orleans
in 2007 and was on law review. She practiced
at Kaufman, Coren & Ress in Philadelphia out
of law school, and thereafter did work in the
intersection of horseracing law and §1983 for a
number of years before following her passion
for indigent criminal defense.
CREATE Communication's LinkedIn page.
Share this article
Vol. 4, Issue 4 l For The Defense 9
Meg Pritchard, founder
and principal at CREATE
Communications, is a litigator
and legal journalist turned
content marketing strategist
who helps lawyers and
leading law firms leverage
the power of branded
content and thought
leadership. Connect with
her at 215.514.3026 or visit
https://www.linkedin.com/company/create-communications-llc/about/
For the Defense - Vol. 8, Issue 3

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