Alimony Reform in New Jersey.

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New Jersey Alimony Reform Is Here – What Does It All Mean? by Robert A. Epstein, NJ Family Legal Blog

http://tinyurl.com/mnofc5l

Change is finally here – On September 10, 2014, Governor Chris Christie signed into law substantial and significant amendments to New Jersey’s alimony law.  The law took immediate effect on that date.  I previously blogged about the now effective changes after the legislature passed the bill during the Summer, and we have prepared an Alert on the final bill that you can read here. . . .

Social Media in Law Office Marketing.

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SEO and Social Media, by Lisa Pansini, Legal Productivity Blog

http://tinyurl.com/nuj2nwp

SEO has always been about one thing: publishing high-quality content that gets seen and linked to by as many people as possible. For years, the foundation of SEO (Search Engine Optimization) has been dominated by two key elements: content and links.

Today’s online society has given rise to a third: social media. It wasn’t around during the dawn of the SEO industry, but it’s difficult to ignore the power and importance that social media has in any marketing strategy.

Social Media does more than allow companies to keep up with their competition. It allows them to reach out and interact with their customers while building their brand, creating a sense of community, and driving traffic to their website.

When it comes to social media, however, there is no ‘one size fits all’ rule. . . .

Puppy Law Students Are So Cute When They’re Little.

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Shut Up Everybody, New 1L Is Going to Explain How Smart He Is, by Joe Patrice, Above The Law Blog

http://tinyurl.com/ll2p24f

We’ve all have run into them, regardless of whether the person is a 1L or paralegal student. Thankfully, this stage is often temporary. In some cases, unfortunately, the condition is permanent. -CCE

Pack it in everybody! Mere days into the new year, there’s a 1L out there who has the ‘law’ all figured out. He can isolate the relevant aspects of a case at first glance and his agile mind can dismiss a flawed reading with ease. He’s so prepared that he’s already talking smack about law school graduates. And he did it all on Facebook so we can see how smart he is. We are truly living in blessed times. He will restore balance to the law!

Now, some naysayers would suggest that a 1L a few days into their law school career has no place calling out the work of those who’ve come before as irrelevant and untrue. That perhaps singling out by name a law school graduate and questioning his legal acumen was excessive for a mere pup. Ignore those voices. You can’t silence genius like this. . . .

Hearsay Rule Affects Texas State-of-Mind Exception – Or Does It?

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Back to the Future: Court of Appeals of Texas Finds State of Mind Exception Inapplicable in Duress Case, by Editor Colin Miller, Evidence ProfBlogger, EvidenceProf Blog

http://tinyurl.com/l2qfnap

Similar to its federal counterpartTexas Rule of Evidence 803(3) provides an exception to the rule of hearsay for:

A statement of the declarant’s then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant’s will.

As I always tell my students, Rule 803(3) covers statements concerning present feelings of future intentions but not past events. So where did that leave the defendant in Cogdill v. State, 2014 WL 4627579 (Tex.App.-San Antonio 2014)?

In Cogdill, Nico Allen–Antoni Cogdill was charged with capital murder. At trial, Cogdill raised a duress defense, claiming that he and Isaac Milne killed the victim because Jeremy “Bounce” Bukowski threatened them with a shotgun. To prove this claim, Cogdill sought to have Bukowski’s cellmate testify that:

Mr. Bukowski told me that the night that—that all three of them, they went out to the—to the guy’s house. He said that—that at first he had told Mr. Cogdill and Mr. Isaac Milne that it was just to go out there to rob the guy of some laptops, some computer software, and some musical instruments and stuff. He said whenever they got there he said—he said the guy that they went to rob used to be an old roommate of his and said that he told them that the guy was a convicted pedophilier (sic), and whenever they got out there he pulled a shotgun from his trunk, he held it on Mr. Cogdill and Mr. Milne and forced them to proceed with the—with the murder.

Cogdill claimed that this statement was admissible under Rule 803(3), but the trial court disagreed. On appeal, Cogdill repeated his argument, but the Court of Appeals rejected his claim, concluding:

First, we disagree with Cogdill’s interpretation of Bukowski’s statement. The statements allegedly made by Bukowski are merely a rendition of the events that took place on the night of the murder, i.e., out-of-court statements of events that occurred, and as such are hearsay and not admissible under Rule 803(3). . . . Second, numerous courts have held that for the exception set forth in Rule 803(3) to apply, the statement must relate to future, not past, conduct.

I agree with the court’s conclusion but wonder whether Cogdill also raised Texas Rule of Evidence 803(24), which provides an exception to the rule against hearsay for :

A statement which was at the time of its making so far contrary to the declarant’s pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, or to make the declarant an object of hatred, ridicule, or disgrace, that a reasonable person in declarant’s position would not have made the statement unless believing it to be true. In criminal cases, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

The opinion doesn’t reference this Rule, but threatening someone with a shotgun to kill someone would certainly qualify as a statement against interest under the Rule, assuming that there were corroborating circumstances. And, unlike its federal counterpart, Texas’ statement against interest rule does not require that the declatant be unavailable.

-CM

Log In With Your Thumb – Now There’s An App For That.

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App of the Week: 1Password – Login to Apps and Sites with Your Thumb, by Tim Baran, Legal Productivity Blog

http://tinyurl.com/kw24hjs

Everyone should be using a password manager. It provides a strong, unique password for each online account and keeps them all in a secure, encrypted, yet quickly accessible place. Our favorite, 1Password, just got even better.

Here are three of the many new enhancements:

  • Login to Apps – Use 1Password to log into a growing list of your favorite apps and even update your passwords—all with just a tap!
  • Login to sites in Safari browser on your iPhone – You can now fill 1Password Logins directly within Safari.
  • Unlock with your thumb – After unlocking with your Master Password, get back into your vault in 1Password, Safari, and your favorite apps with just your thumb on devices with Touch ID. Check Settings > Security to learn how this works and pick your auto-lock time.

And, for the first time, 1Password is free for iOS devices.

I’ve used 1Password for a couple of years on my desktop, phone and iPad, and it’s quickly become indispensable. And, it keeps getting better!

Trial Tips For Paralegals.

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A Paralegal’s Guide to Preparing for a Civil Trial, by Betsy Horn, CLA, Texas Paralegal Journal (Summer 1997), ©1997 Legal Assistants Division, State Bar of Texas

http://txpd.org/TPJ/08/horn.html

Do not let the date give you the notion that there’s nothing here worth your attention. Ms. Horn’s article and checklist is invaluable for any paralegal preparing for, or assisting, at trial. Although trial technology and the tools you use may have changed, the common sense and advice in this article is just as true today as in 1997.

Regardless of whether you live in Texas, please don’t ignore the Texas Paralegal Journal. As you can see, it’s been going strong for a long time. I strongly recommend that you look at the Journal’s web page, http://txpd.org/TPJ/75/default.asp. Now that you’ve found it, stay a while. Click on TLJ Online. There is a wealth of information there, just waiting to be plucked. -CCE

CaseManager iPad App – Fast, Inexpensive, And Highly Recommended.

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CaseManager — Manage Your Legal Practice On Your iPhone or iPad, by Jeff Richardson, iPhone J.D.

 http://www.iphonejd.com/iphone_jd/2014/09/sponsor-casemanager.html

iPads are very popular, but not all attorneys use them to their full potential. This app sounds great. I would like to hear more from those who use it. -CCE

[C]aseManager was created by New York civil rights attorney John Upton as a fast and inexpensive solution for sole practitioners and attorneys with small firms who want to use mobile devices to manage their law practice. The app debuted in 2011, and I discussed the app in August of 2012 and January of 2014. However, the app recently received a major update to version 6.0, when the interface was revised to match the aesthetic of iOS 7 and the upcoming iOS 8. CaseManager is a beautifully designed and useful app for keeping track of all of the key information in your cases:  events, tasks, contacts, time and expenses, plus the facts, notes and documents unique to each case. 

The basic organization of the app is the same as before, but now in version 6, when you launch the app the first thing you see is the calendar entries for today, so you know immediately what is ahead of you. . . .

[Emphasis added.]

 

Insurers Using Generic Drugs To Shift Costs To Sick?

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A New Way Insurers are Shifting Costs to the Sick, by Charles Ornstein, ProPublica (This story was co-published with The New York Times’ The Upshot.)

http://tinyurl.com/kaaelvg

By charging higher prices for generic drugs that treat certain illness, health insurers may be violating the spirit of the Affordable Care Act, which bans discrimination against those with pre-existing conditions.

Health insurance companies are no longer allowed to turn away patients because of their pre-existing conditions or charge them more because of those conditions. But some health policy experts say insurers may be doing so in a more subtle way: by forcing people with a variety of illnesses — including Parkinson’s disease, diabetes and epilepsy — to pay more for their drugs.

Insurers have long tried to steer their members away from more expensive brand name drugs, labeling them as ‘non-preferred’ and charging higher co-payments. But according to an editorial published Wednesday in the American Journal of Managed Care, several prominent health plans have taken it a step further, applying that same concept even to generic drugs.

The Affordable Care Act bans insurance companies from discriminating against patients with health problems, but that hasn’t stopped them from seeking new and creative ways to shift costs to consumers. In the process, the plans effectively may be rendering a variety of ailments ‘non-preferred,’ according to the editorial.

‘It is sometimes argued that patients should have ‘skin in the game’ to motivate them to become more prudent consumers,’ the editorial says. ‘One must ask, however, what sort of consumer behavior is encouraged when all generic medicines for particular diseases are ‘non-preferred’ and subject to higher co-pays.’ . . .

Adverse Witness Direct and Cross-Examination Tips.

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Flip the Order of Your Adverse Witness Preparation, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

 http://tinyurl.com/mhz8fes

Excellent related articles at the end of Dr. Broda-Bahm’s post. -CCE

 Let’s say that in trial, your witness will be called adverse and will go through the other side’s cross-examination before getting a chance at your direct.[1]  But in your preparation sessions, you should still take them through your direct examination first. That’s what I call the ‘flipped’ order, and in this post, I aim to make the case for this as the better approach. . . .

Judge Posner Writes A Form Collections Letter.

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Judge Posner’s Collections Letter Template, by Megan E. Boyd, Lady (Legal) Lawyer Blog

http://ladylegalwriter.blogspot.com/2014/05/technical-difficulties.html

Courts don’t often help lawyers out by providing templates, but Judge Posner’s opinion in Bartlett v. Heibl, 128 F.3d 497 (7th Cir. 1997) offers a form letter for those seeking to collect certain consumer debts. . . .

Wait! Don’t Click On That Link!

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Three Warning Signs That Email Is Malicious, by Ian Paul, PC World

http://tinyurl.com/lsjgxv7

Email spam filtering is far better than it used to be. There was a time when nearly every scam email would land in your inbox. Thankfully that’s not the case anymore—especially if you’re a Gmail user.

But no system is perfect. Every now and then a scam message will manage to slip into your inbox. But how do you know when you’re looking at a scam or not?

Here are three basic tip-offs you can look for to figure out whether you’re looking at an email with dishonest intentions. They’re hardly an exhaustive list, but more often than not one of these tips will save you from getting suckered. . . .

Must Read Top Paralegal Blogs in 2014.

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14 Blogs Paralegal Students Need to Read, by Jess Mansour Scherman, Ramussen College

(*Editor’s note: This article was originally published on Dec. 10, 2010. It has since been updated to reflect information relevant to 2014.)

 http://tinyurl.com/lbg5mtz

My sincere thanks to Ms. Scherman for including this blog in her list. -CCE

 You’ve likely discovered by now that there’s a lot that goes into keeping up with the pulse of a thriving career. From researching different paralegal programs to discovering leads for potential jobs—not to mention a host of obligations outside of your career like caring for your children and getting the bills paid on time—your slate probably feels pretty full right about now.

So how can you be sure to uncover the rest of that coveted industry info that you haven’t yet tapped into? Don’t worry—there are plenty of industry pros who have created an array of paralegal blogs with people like you in mind!

It can be difficult, though, to find what you’re looking for with thousands of paralegal blogs at your fingertips. To save you the trouble, we narrowed it down to a must-read list. So sit back and let some industry professionals teach you everything from résumé tips to how to locate that perfect paralegal job.

Let us introduce you to the 14 paralegal blogs you can’t miss in 2014….

When Your Witness Goes Rogue.

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Why Didn’t My Witness Do What I Told Him To Do During Witness Preparation?, by Robert Gerchen, Senior Consultant, Litigation Insights

http://tinyurl.com/kvh62we

Boy, have I been there. After spending hours to convince a Vice President of Human Relations that, no, his idea of “explaining” to the case to the jury was a bad idea, of course, that is exactly what he did. It was liking a nightmare in slow motion. –CCE

It’s a universal experience. Nearly every attorney who has ever sat down for witness preparation before a deposition, or before trial, to provide clear instructions and guidelines about what to say/not say, or what to do/not do, has at some point found himself asking:

“Why didn’t s/he listen to me?!” . . . .

</link rel=”author”

Bad Stipulations To E-Discovery – Just Don’t.

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Don’t Stipulate to Not Follow the Form of Production Rules, by Joshua Gilliland, Esq., Bow Tie Law Blog

 http://tinyurl.com/kxr9gt5

Here is my advice: NEVER agree to a stipulation to produce native files when “it is more practical to do so” and agree to productions in PAPER, PDF’s, or TIFFs. Melian Labs v. Triology LLC, 2014 U.S. Dist. LEXIS 124343 (N.D. Cal.Sept. 4, 2014).

That is what happened in Melian Labs v. Triology LLC. It reads like a personal Sum of All Fears for anyone who has spent years working with ESI, because the Court denied motions to compel email and spreadsheets in native files with metadata, because of the parties’ Rule 26(f) stipulation. . . .

Valuable Life Lessons in 12 Speeches.

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12 Greatest Speeches That Will Teach You The Most Valuable Life Lessons, by Jospeh Hindy, @Lifehack

http://tinyurl.com/nfpdb6d

The most valuable thing an experience person has is their experience. People make mistakes, learn from them, and adapt their life around them to become better people. Those people would then tell tales to others to help teach those lessons so that others would not have to make the same mistakes. People still tell these stories today but in a slightly different format. These days people use speeches to express their experiences. Here are some valuable life lessons you can learn from some of the greatest speeches. . . .

Cool Evernote Tips, Tricks, and Q&A.

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The Evernote Q&A, Tips & Tricks Thread, by Sam Glover, Editor, The Lawyerist Lab Blog

http://tinyurl.com/jwrchn8

This thread is for questions and answers about Evernote, and for sharing your favorite tips and tricks.

You can also browse posts about Evernote on Lawyerist, and here is the old Evernote thread in the Lab.

Legal Edge From JD Supra – App Of The Week.

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App of the Week: Legal Edge- Stay Up-To-Date on Legal Developments, by Lisa Pansini, Legal Productivity Blog

This app is free – at least for now. -CCE

http://tinyurl.com/k9smzoh

In the business of law, it’s extremely important to stay on top of the latest legal developments. With Legal Edge from JD Supra, you can do just that.

Legal Edge allows you to stay up to date with the latest legal news via updates, alerts, and case filings from the nation’s legal professionals. With this app, you’ll receive a daily stream of articles, briefs, and newsletters on all areas of law. It also includes court filings from notable and newsworthy cases.

Through Legal Edge, you can browse information by industry, profession or topic of interest. You can also contact lawyers or firms directly through your iPhone with any comments or questions you may have about certain documents (this feature is only available for documents posted by JD Supra premium account holders).

The app was recently updated to include informative videos and a save/view functionality which allows you to view documents offline. All that is required is an app that supports PDF viewing on your devices (such as iBooks).

You can rest easy knowing that the content on Legal Edge is provided by Amlaw 100 law firms, attorneys, and other legal organizations and professionals.

Currently, Legal Edge is free and is only available for iOS devices. You can download it today from the Apple App Store.

Federal Judge Decides BP Blew It.

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Ruling On The 2010 Gulf of Mexico Oil Well Blowout, by Sabrina I. Pacifici, BeSpacific Blog

http://tinyurl.com/kh76r3q

BP has already said that it will immediately appeal to the Fifth Circuit Court of Appeals. Among the errors BP asserts by Judge Barbier, it disagrees with the number of billions of gallons of oil that gushed into the Gulf of Mexico from the Deepwater Horizon rig. BP is trying to stop the bleeding. Every gallon of oil that spewed into the Gulf has a price tag for damages.

BP maintains a website with its version of the facts and its commitment to safety. Its argument was not sufficient to sway Judge Barbier.  Halliburton and Transocean were not hit as hard as some would have liked, but they were found to bear some of the responsibility for the disaster as well.

It will be interesting to see whether this ruling affects environmental cases, off-shore drilling, and oil and gas ventures in general in the future. -CCE

 New York Times: ‘A federal judge ruled on Thursday that BP was grossly negligent in the 2010 Gulf of Mexico oil well blowout that killed 11 workers, spilled millions of barrels of oil into the Gulf of Mexico and soiled hundreds of miles of beaches. ‘BP’s conduct was reckless,’ United States District Court Judge Carl J. Barbier wrote in his sternly worded decision. Judge Barbier also ruled that Transocean, the owner of the rig, and Halliburton, the service company that cemented the well, were negligent in the accident. But the judge put most of the blame on BP, opening the way to fines of up to $18 billion under the Clean Water Act. In a 153-page, densely technical decision, Judge Barbier described how BP repeatedly ignored mounting warning signs that the well was unstable, making decisions that he says were ‘primarily driven by a desire to save time and money, rather than ensuring that the well was secure.’

Show, Don’t Tell, When You Use The Right Word.

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Legal Writing: Word Choice, by Jason Steed, Legal Solutions Blog

http://blog.legalsolutions.thomsonreuters.com/practice-of-law/legal-writing-word-choice/

Every good lawyer knows that persuasion begins with framing the issue, and framing the issue begins with effective word choice. But many lawyers don’t realize, or occasionally forget, just how effective good word choice can be—or worse, they misunderstand what it means to make effective word choices. They think, for example, that labeling an act as “extremely egregious” will help the court to understand just how terrible the act was. But every good writer knows that good writing means showing, not telling—and adverbs and adjectives are all about telling.

In other words, adverbs and adjectives are not a sign of good persuasive writing. If you find yourself using adverbs or adjectives to get your point across, then you’re probably making bad word choices. Why? Because adverbs modify verbs, and adjectives modify nouns—and if your verbs and nouns need modifying, then they probably aren’t the best verbs and nouns you could be using.

So how effective can simple nouns and verbs be? . . . .

 

Avoidable E-Discovery Mistake – A Good Lesson on Proportionality.

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Nebraska, Where Proportionality is Alive and Well in Discovery, by Joshua Gilliand, Esq., Bow Tie Law’s Blog

http://tinyurl.com/qgymkto

One lesson from United States v. Univ. of Neb. at Kearney, is that maybe you should take depositions of key parties and use interrogatories to find out relevant information to your case before asking for over 40,000 records that contain the personal information of unrelated third-parties to a lawsuit. . . .

Apple iCloud’s Two-Step Verification – Why It Didn’t Stop Hackers.

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Apple Says It Is “Actively Investigating” Celeb Photo Hack, by Arik Hesseldahl,

http://tinyurl.com/les3wqe

Apple said Monday it was ‘actively investigating’ the violation of several of its iCloud accounts, in which revealing photos and videos of prominent Hollywood actresses were taken and posted all over the Web.

*     *     *

Security experts said the hacking and theft of revealing pictures from the Apple iCloud accounts of a few celebrities might have been prevented if those affected had enabled two-factor authentication on their accounts.

Apple hasn’t yet said anything definitive about how the attacks were carried out, but security researchers at the security firm FireEye, examined the evidence that has emerged so far, and said it appears to have been a fairly straightforward attack. That said, it is also one that could have been thwarted had some additional steps to secure the targeted accounts been taken.

That additional step is known as two-factor authentication. Apple calls it ‘two-step verification,’ although it doesn’t work very hard to tell people about it, said Darien Kindlund, director of threat research at FireEye.

‘In general Apple has been a little late to the game in offering this kind of protection, and doesn’t advertise it,’ he said. ‘You have to dig through the support articles to find it.’

When enabled, two-factor authentication requires users to enter a numerical code that is sent to their phone or another device, in addition to using their regular password. Since the number constantly changes, it makes it much more difficult for attackers to gain access the account, even if they know the password.

Assuming the compromised accounts were running without the two-step option turned on, it would then have been relatively easy for the attacker to gain access to the accounts.

As The Next Web reported earlier today the attack may be linked to software on GitHub called iBrute that is capable of carrying out automated brute-force attacks against iCloud accounts. In this scenario, an attacker simply guesses a password again and again until they succeed. While tedious and time-consuming for a person, it’s a simple and infinitely faster process for a computer.

The as-yet unknown attacker had one other thing going for him: Apple allows an unlimited number of password guesses. Normally, systems limit the number of times someone can try to log in to a system with an incorrect password before the account is locked down entirely. Apple has since fixed that aspect of the vulnerability.

‘The attackers never should have been allowed to make an unlimited number of guesses,’ Kindlund said. . . . [Emphasis added.]

What Happens When No Written Notice Is Given To Offer An Exhibit?

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Did You Notice That?: 2nd Circuit Excuses Lack of Written Notice Under Rule 902(11), by Evidence ProfBlogger, Editor: Colin Miller, EvidenceProf Blog

http://tinyurl.com/o98a788

The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person that complies with a federal statute or a rule prescribed by the Supreme Court. Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record — and must make the record and certification available for inspection — so that the party has a fair opportunity to challenge them.

So, what happens if a party does not give reasonable written notice of its intent to offer a business record into evidence but there is evidence that the opposing party had actual notice of this intent? That was the question addressed by the Second Circuit in its recent opinion in United States v. Komasa, 2014 WL 4233396 (2nd Cir. 2014). . . .

“Comes Now” — The Most Common Legalese Words Ever?

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Comes Now?, by Michael M. Simpson, The Grammar Snob Blog

http://grammar-ttlms.blogspot.com/2007/07/comes-now.html

“Comes Now” is probably one of the most common legalese phrases, and often used in pleadings, motions, briefs — almost any legal document except contracts. (If Comes Now shows up often in contracts, please don’t tell me. Let me keep some of my happy place illusions.) If you have a legalese phrase used more frequently than “Comes Now,” please share!

As I have said before, there is no statute, case law, regulation, constitution, or any other legal requirement to use legalese. I’ve looked. If you disagree, please point me to that legal authority. I have been looking for it a long time. I’ve been told by a lawyer that they use it because it just sounds “more legal.” Judge for yourself. -CCE

As always, because I have a real job I don’t get to post to my blog as much as I like. I’ve been editing a post on dangling modifiers, since there are only 52,138 other internet pages explaining why dangling modifiers are bad, but I haven’t finished mine, which will be the pinnacle of dangling modifier criticism, I suppose. (Again, for those of you who haven’t the foggiest idea what a dangling modifier is, surely there’s a NASCAR race stored in your Tivo ready to watch.) Instead, I’ve got a blog for my fellow attorneys, many of whom file pleadings in court containing the phrase ‘Comes now.’ As in:

‘Comes now Plaintiff, John Doe, and complains of Defendant, David Evildoer, and pray the Court grant him judgment, and for cause of action would show the following.’

A question. You’re sitting on your favorite barstool at the local watering hole, taking the edge off a rough day in the salt mine with your favorite poison (for me, a tall draft of Harp or Warsteiner, or on a Friday, a shot of Maker’s Mark with a sidecar of ice) and your best friend walks in to join you. Do you exclaim ‘Comes now Drew, and sits next to mine self to drink beer’? Okay, if you answered this question ‘yes,’ an exciting career in writing boring pleadings awaits you. If you answered ‘no,’ then I understand why you hate legalese. . . .

 

Jim Calloway’s Recent Technology News and Developments.

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Recent Technology News and Developments for 2014, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog (Originally published in the Oklahoma Bar Journal , August 9, 2014 — Vol. 85, No. 20.)

http://bit.ly/1peMMYY

I can always depend on Jim to recommend the best practices to keep a law office moving smoothly, as well as a preview of new technology. Although Jim’s home base is the Oklahoma Bar Association, he is in national demand. If you like what you see, I recommend checking out his articles at the ABA web site. Better yet, especially for Oklahoma solo and small firms, the Oklahoma Bar Association’s Solo and Small Firm Annual Conference is a fabulous event due to Jim’s leadership and connections. You will meet technology experts from all over the country.

Jim has moved his blog to a new address: www.lawpracticetipsblog.com. The old one still works, but I do not know how long it will work. -CCE

There’s been quite a lot of technology-related news over the last several months. Some of it is directly related to the legal profession. Much of it is at least indirectly related to the legal profession. There have also been some interesting court rulings related to technology. Rather than featuring just a few items, I decided to do a roundup of many of these items with a few comments. . . .

Judge Posner Ends Copyright Protection for Sherlock Holmes.

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Judge Posner Solves Sherlock Holmes Copyright Case, by Sabrina I. Pacifici, BeSpacific Blog

http://tinyurl.com/qgtgmbz

Rita Yoon, McDermott Will & Emery: ‘The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright protection.  In an opinion by Judge Richard A. Posner, the U.S. Court of Appeals for the Seventh Circuit held that copyright protection in these century-old literary characters cannot be extended simply by changing their features in later stories.  When the original story expires, the characters covered by the expired copyright are ‘fair game’ for follow-on authors.  Klinger v. Conan Doyle Estate, Ltd., Case No. 14-1128 (7th Cir., Jun. 16, 2014) (Posner, J.).’

 

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