Feedly: App of the Week from Legal Productivity
23 Saturday Nov 2013
Posted in Apps, Legal Technology
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Monthly Archives: November 2013
More iPhone Tips from Legal Productivity
23 Saturday Nov 2013
Posted in Apps, Cell Phones, iPhones, Legal Technology
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7 Useful iPhone Tips You Probably Didn’t Know About, by Tim Baran, Legal Productivity
Court Denies Facebook Discovery Requests by Both Parties.
23 Saturday Nov 2013
Posted in Discovery, Evidence, Legal Technology, Personal Injury, Requests for Production, Trial Tips and Techniques
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Tags
Daniel E. Cummins, Discovery, Facebook, Judge Wettick, Personal Injury, Personal injury lawyer, Traffic collision
Judge Wettick Rules on Facebook Discovery Issues, by Daniel E. Cummins, TORT TALK
After providing a detailed review of the issue over a 22 paged Opinion, which includes a background on Facebook itself and a review of decisions from both within Pennsylvania and from outside jurisdictions, Judge Wettick ruled that both the Plaintiff’s and the Defendant’s motions to compel access to the other’s Facebook pages would be denied in this motor vehicle accident litigation.
Three Base Hit: An Analysis of Apple v. Samsung, Bookmarking in Adobe, and E-Briefs
23 Saturday Nov 2013
Posted in Adobe Acrobat, E-Briefs, Legal Technology, Patent Law
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Tags
Adobe Acrobat Bookmarks, Apple, Cogent Legal Blog, E-Briefs, Intellectual Property, Michael Kelleher, Patent Law, Samsung
An E-Brief Reading Guide to the Latest Decision in Apple v. Samsung, by Michael Kelleher, Cogent Legal Blog
This post is unique. Interesting analysis of Apple v. Samsung and a “how to” on bookmarking Adobe documents and creating and using e-briefs. CCE
Judge Sparks on Fire — Again.
23 Saturday Nov 2013
Posted in Depositions, Discovery, Judges, Legal Writing, Subpoenas, Texas Supreme Court
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Tags
Above the Law (blog), David Lat, Depositions, Discovery, Judge Sam Sparks, Law Practice, Privilege and Confidentiality, Subpoenas, U.S. District Court for the Western District of Texas
Benchslap of the Day: Judge Sparks Burns More Attorneys , by By David Lat, Above the Law
Mr. Lat shared this excerpt from the Judge’s Order:
[J]udge Sparks invited lawyers to a hearing that he referred to as a ‘kindergarten party.’ According to the ‘invitation’ — er, order — ‘[t]he party will feature many exciting and informative lessons, including… how to enter into reasonable agreements about deposition dates [and] how to limit depositions to reasonable subject matter.’ The event is aimed at lawyers who ‘are unable to practice law at the level of a first year law student.’
What Do Soap Opera Writers and Master Litigators Have in Common? The Ability to Tell a Great Story.
20 Wednesday Nov 2013
Posted in Legal Writing, Trial Tips and Techniques
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Ken Lopez, Laurie Kuslansky, Legal Writing, Soap opera, Storytelling, The Litigation Consulting Report, Trial Techniques
Are You Smarter Than A Soap Opera Writer?, by Laurie Kuslansky, The Litigation Consulting Report (with hat tip to Ken Lopez!)
As Ms. Kuslansky points out, “There’s always a story, but if you don’t tell yours, jurors will use their own.“ The same is true in documents submitted to the Court. Who else will tell your client’s perspective of events and interpretation of the law? You are the one who tells your client’s story, whether to the Court in a brief or motion or to the jury at trial. CCE
Believe it or not, soap opera writers are better at storytelling than some litigators. Why? Not because of their subject matter or their wisdom, but because they know how to activate more of the brain than some lawyers. They put events into a story context, and they know how to use language to activate the brain better. If they can do it, so can you.
Plain English Tools include Gobbledygook Generator
20 Wednesday Nov 2013
Posted in Bad Legal Writing, Legal Writing, Legalese
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Examples and Plain English Tools, The Plain English Campaign
http://www.plainenglish.co.uk/campaigning/examples.html
We are often asked if we have any examples of communication at its worst. If you are looking for past Golden Bull winners or ridiculous ‘management speak’ such as ‘feedforward’, or you merely want to create your own phrase using our ‘Gobbledygook generator’, this section of the site will help you.
U.S. Supreme Court Refuses To Hear Appeal in Case That Would Require An Ultrasound Before An Abortion in Oklahoma.
19 Tuesday Nov 2013
Posted in Appellate Law, United States Supreme Court
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Supreme Court justices dismiss another Oklahoma law on abortion, by Bill Mears, CNN Supreme Court Producer, CNN
http://www.cnn.com/2013/11/12/justice/supreme-court-oklahoma-abortion/
Airline Loyalty Programs Not So Loyal.
19 Tuesday Nov 2013
Posted in Law Office Management
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American Airways, CNBC, Delta Air Lines, Frequent flier, Loyalty Program, United Air Lines, US Airways
Frequent flier program changes concern travelers, by A. Pawlowski, NBC News Contributor, CNBC
http://www.cnbc.com/id/101206231
As much as there is to hate about flying, one remaining pleasure of air travel is watching your frequent flier miles accumulate, bringing you that much closer to a cherished free trip—or so you thought.
Show the Jury How to Fill in the Verdict Form in Closing Argument
19 Tuesday Nov 2013
Posted in Closing Argument, Legal Technology, Trial Tips and Techniques
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How to Guide the Jury Through the Verdict Form in Closing Argument, by Michael Kelleher, Cogent Legal Blog
http://cogentlegal.com/blog/2013/11/verdict-form/
While I can see how persuasive this would be, I am curious as to whether a judge would rule against this presentation if opposing counsel filed an appropriate motion in limine. CCE
Ending Confusion To End Litigation.
18 Monday Nov 2013
Posted in Bad Legal Writing, Contract Law, Legal Writing, Legalese
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More Antecedent Ambiguity: “Thereof,” by Ken Adams, Adams on Contract Drafting
Do we use legalese because we think it simply sounds “legal”? Why do we choose legalese over plain, clear writing? There is no statute, court rule, or case law that requires it. These words are not a legal term of art. Why do we cling to it with such a passion? CCE
Do Not Disturb!
18 Monday Nov 2013
Posted in Cell Phones, iPhones, Legal Technology
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The iPhone’s Do Not Disturb feature, by Jeff Richardson, iPhone J.D.
There’s No Place Like Home For Homeowner’s Insurance
18 Monday Nov 2013
Posted in Appellate Law, Contract Law, Insurance Law, Trial Tips and Techniques
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Seventh Circuit: Mailing Addresses Don’t Necessarily Identify What’s Insured, by Brian Jones, The Bose Insurance Blog
Court Says E-Discovery Search is “Easier Said Than Done”
17 Sunday Nov 2013
Posted in Discovery, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Trial Tips and Techniques
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Triangulating Discovery Productions, by Joshua Gilliland, Esq., BowTie Blog
Judge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct. 4, 2013).
Email Preservation of Gmail Can be Tricky and Tedious, But Not Difficult.
17 Sunday Nov 2013
Posted in Discovery, E-Discovery, Emails, Evidence, Trial Tips and Techniques
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Collecting Gmail for Preservation, by Craig Ball, Ball in Your Court Blog
As Mr. Ball points out in this excerpt below, Gmail preservation is tedious, but not difficult:
[T]hough collecting and validating the complete contents of a Gmail account can be tricky and tedious, it’s not all that difficult to do. Happily, unless you do something really dumb, it’s unlikely that even a botched Gmail collection effort will harm the contents of the account.
The Sedona Conference® Glossary
17 Sunday Nov 2013
Posted in E-Discovery, Evidence, Glossaries, Legal Technology, Research, Trial Tips and Techniques
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The Sedona Conference® Glossary, The Sedona Conference® (Reproduced with permission by Richard Braman.)
The Sedona Conference® is a non-profit organization created in 1997 by Richard Braman. Although it is better known for its work and publications on e-discovery, it addresses many other areas of law. You can find a list of its publications here: https://thesedonaconference.org/publications.
The Sedona Conference® will present its Commentary on Information Governance in a webinar on December 5, 2013. Information about all upcoming events can be found at https://thesedonaconference.org/conferences.
Handwriting Expert’s Report and Testimony Are Inadmissible Under Daubert/Rule 702 Test.
17 Sunday Nov 2013
Posted in Admissibility, Court Rules, Evidence, Experts, Trial Tips and Techniques
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How to Convince the Court that Your Client Deserves to Win.
17 Sunday Nov 2013
Posted in Bad Legal Writing, Brief Writing, Legal Writing
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Bad Legal Writing, Brief Writing, Kenneth F. Oettle, Legal Writing, New Jersey Law Journal, Sills Cummis & Gross
Choose an Approach that Will Appeal to the Court’s Conscience, by Kenneth F. Oettle, at Sills Cummis & Gross P.C.
This article, found at Sills Cummis & Gross, P.C. website, was originally published in the New Jersey Law Journal. It was later published in the Michigan Bar Journal (May 2008), and again in Ken Oettle’s book, “Making Your Point,” by ALM.
http://www.sillscummis.com/Repository/Files/2008_May_Oettle.pdf
An except from this article:
To shape an argument, particularly in head-to-head litigation under the common law, where the focus is more personal than institutional, look for a fact or a fact scenario that purports to elevate the moral standing of your client over that of the other side, giving your client the white hat, the high ground.
Show the adverse party to have engaged in morally challenged behavior, such as violence, promise-breaking, deception, delay, self-indulgence, laziness, or lack of care. If the moral offense goes to (is within the confines of) the issue in the case (and sometimes even if it is not—but be careful there), you will give yourself a good chance to persuade the court that your client deserves to win and the other side deserves to lose.
Where Bad Motions Go to Die . . . .
15 Friday Nov 2013
Posted in Bad Legal Writing, Legal Writing, Motions
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That is incomprehensible! Denied. by Nicole Black, My Case Blog (with hat tip to William Statsky!)
I was going to say something about good motion writing practices, but I can think of nothing more appropriate than the Court’s own words. CCE
THOMAS transitions to Congress.gov.
15 Friday Nov 2013
Posted in Research
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THOMAS will now redirect to congress.gov,by Sabrina I. Pacifici, beSpacific Blog
Ms. Pacifici assures us that permanent links to THOMAS will still work and remain operational until 2014. At that time, the transition to congress.gov will be finished, and THOMAS will be retired. CCE
Technical Skills vs. Soft Skills – Which Matter Most For Job Success?
15 Friday Nov 2013
Posted in Law Office Management
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The 20 People Skills You Need To Succeed At Work, by Jacquelyn Smith, Forbes (with hat tip to Allen Mihecoby, CLAS, RP®)
Do you think you’re qualified for a particular job, fit to lead a team, or entitled to a promotion because you have extensive experience and highly developed technical skills? Well, it turns out that while those things are crucial to your professional success, it’s imperative that you also have great soft skills–more commonly known as “people skills.”
Law Commons – Free Open Access Legal Research
15 Friday Nov 2013
Posted in Law Journals, Law Libraries, Law Reviews, References, Research
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Law Commons, Digital Commons Network™ Open Access. Powered by Scholars. Published by Universities.™
http://network.bepress.com/law/
This is an unique legal research tool. It has a wealth of legal resources. There are 167,603 full-text articles by 76,916 authors — in all, 37,817,207 downloads of legal research. But there is more — architecture, arts and humanities, business, education, engineering, life sciences, medical and health sciences, physical sciences and mathematics, and social and behavioral sciences.
In total, this website gives you free access to over 800,000 full-text articles contributed from over 300 universities and colleges all over the world.
The Digital Commons Network brings together free, full-text scholarly articles from hundreds of universities and colleges worldwide. Curated by university librarians and their supporting institutions, the Network includes a growing collection of peer-reviewed journal articles, book chapters, dissertations, working papers, conference proceedings, and other original scholarly work.
Book Review: Tips for Getting the Most Out of Email.
14 Thursday Nov 2013
Posted in Android Phones, Cell Phones, Emails, Google, iPad, iPhones, Law Office Management, Legal Technology, Mac, Microsoft Office
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David Sparks, Email, Gmail, iPhone J.D., Jeff Richardson, Mac
Review: Email by David Sparks — information and tips for getting the most out of email, by Jeff Richardson, iPhone, J.D.
An except from the original post:
The book includes general tips for working with emails, great strategies for reading, replying to and storing emails, an informative chapter on how email works and tips on fighting spam and email security. No matter what device you use for your email, all of that content is useful.
Sparks then goes deep into the Apple Mail app for the Mac, and this book will be most useful for folks who use a Mac and the built-in mail app. He also reviews many of the best programs for the Mac and apps for the iPhone/iPad that you can use to work with email, and devotes a chapter to Gmail.
Resource on Real Estate and Property Law
14 Thursday Nov 2013
Posted in International Law, Real Estate and Property Law, Research
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Real Estate Law, HG Legal Resources.com
http://www.hg.org/realest.html
A thorough overview and resource of United States real estate and property law, but also international law, publications related to this area of law, articles posted on this website about this area, and organizations related to real property. CCE
Economics Monetary Expert’s Video Goes Viral.
14 Thursday Nov 2013
Posted in Corporate Law
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The Most Viral Economics Video of the Year Surpasses 1 Million Views in Just 3 Weeks, PRNewswire©2013,Newswire, MSN Money
When first released, the video rapidly scaled to over 100,000 viewers per day based on massive sharing of this particular episode. The recent U.S. government shut down and debt ceiling debate fueled intense interest in the The Biggest Scam in the History of Mankind – particularly given the timeliness of the subject matter and personal impact of how currency issuance and massive national debts affects us all.
Hosted by monetary expert, Michael Maloney, this is the 4th in his series The Hidden Secrets of Money. The show’s audience continues to grow daily with positive reception of the near 30 minute documentary style episodes. In total, his Why Gold and Silver channel has enjoyed over 8 million viewers since it started and has over 51,000 subscribers.
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