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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Monthly Archives: February 2014

Tax Audit Triggers and How To Avoid Them.

13 Thursday Feb 2014

Posted by Celia C. Elwell, RP in Finance and Banking Law, Government, Internal Revenue Service

≈ Comments Off on Tax Audit Triggers and How To Avoid Them.

Tags

Accounting, Contractors, Deadlines, E-Filing, Finances, Gross Revenue, IRS, Net Income, Quicken Docstoc, Receipts, Red Flags, Self-Employment, Social Media Profile, Sole Proprietor, Tax Audit, Tax Deductions, Vacations

10 Red Flags That Can Cause a Tax Audit, by Docstoc Articles, Quicken Docstoc

http://tinyurl.com/my99j5b

There are plenty of common audit triggers that business owners know to avoid. Never mix your business and personal finances. Don’t deduct things without receipts. Most of these preventative measures come down to common sense.

However, every year countless businesses get hit with an audit they never saw coming, and it ends up wasting their precious time and money. Where did they go wrong? Here are 10 little-known audit triggers that every business should know (and some suggestions on how to avoid them) . . . .

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LinkedIn – Checked Your Profile Lately?

12 Wednesday Feb 2014

Posted by Celia C. Elwell, RP in Advertising, Law Office Management, Marketing, Using Social Media

≈ Comments Off on LinkedIn – Checked Your Profile Lately?

Tags

Brian Zisk, Derek Lazarro, Forbes, Jeremy Pepper, Karey Rees, Kathleen Kilian Wainscott, Klout Score, LinkedIn, Networking, Profile, Rachael Hand, Rob Asghar, Social media, Susan Wampler, Veronica Belmont, William Arruda

Your LinkedIn Profile: Go Big Or Go Home, by Rob Asghar, Contributor, Forbes

http://tinyurl.com/letyp5d

LinkedIn is an enigma. It now has some 260 million users, and it’s a daily routine for millions of ambitious professionals. But millions of others reluctantly create profiles, feel guilty for not having a stronger profile, and wonder, ‘Does anybody really get a better job through this thing anyway?’

Some do, but that’s not really the point. The point is that you need to take control of your personal and professional branding on the Internet.

For most people, their LinkedIn profile isn’t just their online resume, it’s a window into their existence. It allows others to quickly find out about your background, your competence, your network–and, above all, your sense of self. . . .

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Paralegal Education – Which School Should You Pick and Why?

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Education, Paralegals/Legal Assistants, Professional Organizations

≈ Comments Off on Paralegal Education – Which School Should You Pick and Why?

Tags

ABA Standing Committee on Paralegals, ABA-Approved Paralegal Programs, Education, Legal Assistants, Paralegal, Paralegal Programs

The paralegal profession is changing. Some states are licensing and registering paralegals, and have established mandatory education or other criteria for paralegals. Other states are considering their example, and may make similar requirements. Case law has already has set standards for the type of paralegal work that can be recovered by the winning party in attorney fee applications.

There are many non-lawyers working in law offices who want the title of legal assistant or paralegal. Some enroll in what are commonly called “weekend wonders” – an abbreviated paralegal education program that puts money in the pockets of the school but does little to prepare its graduates for an ever-increasingly competitive job market.

Let’s think about this for a minute. Why did you pick that particular school? Who recommended it? Did you have to take out a loan to pay for the entire program before you could take a class? What if, after you start the classes, you decide that you really are not interested in becoming a paralegal? You are still on the hook for the entire loan even when you leave the school. If you believe a program is the best, be sure you are committed to becoming a member of this profession before taking out that loan.

Paralegals and lawyers are trained differently. Paralegals learn the theory of the law, but also the nuts and bolts of how things are done in a law office. Not all lawyers who teach paralegals understand that difference.

When I was in paralegal school, the majority of my professors were lawyers and outstanding teachers. They did not teach us in the same manner they were trained in law school, but as paralegals. If an instructor has neither worked with a paralegal nor understands the basics you are expected to know when you start your first job, this should be a red flag.

Do what any good paralegal would do. Perform your own due diligence by researching the program and its curriculum. The ABA’s Standing Committee on Paralegals (http://tinyurl.com/cc7n43p) has set recognized standards for quality paralegal education. It also provides a directory of ABA-approved paralegal programs.  (http://tinyurl.com/lhgezwm.) It is worth your time to research this recognized standard and compare it to the curriculum of whatever schools you consider. If nothing else, it may prevent you from making a costly mistake.

If you are not sure whether your paralegal program is up to snuff, contact the paralegals in your state. Call the local, state, and national paralegal associations, and ask for a recommendation or their opinion of the program of your choice. Yes, they will likely be biased, but they may also have good reason to be.

Talk to more than one person in the association. Ask hard questions. But most importantly, find out what kind of education and credentials are expected by the attorneys and law firms in your state. After all, you want to be marketable and find a job after graduation. It only makes sense to swim with the current, not against it.

Regardless of what path you choose, I wish you all the best. When one of us looks good, I truly believe it makes us all look good. Please avoid putting anyone else down to build yourself up. Not only is it unprofessional, it is not kind. One never regrets taking the high road. I suspect that you will, like me, have at least one person who will help you learn the ropes when you start your career. When you have the opportunity – and you will – please pay it forward.  -CCE

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A New Theory of Hearsay – Part 2.

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in 1st Circuit Court of Appeals, Admissibility, Criminal Law, Evidence, Federal Rules of Evidence, Hearsay, Trial Tips and Techniques, Witnesses

≈ Comments Off on A New Theory of Hearsay – Part 2.

Tags

Colin Miller, Criminal Defendants, Evidence, Evidence ProfBlogger, EvidenceProf Blog, Federal Rule of Evidence, Hearsay, Hearsay Exception, Impeach, Nonhearsay Purpose, Rule 609

A New Theory of Hearsay, Take 2: Rule 609(a)(1)(B) & Statements Offered For a Nonhearsay Purpose, by Evidence ProfBlogger (Colin Miller, Editor), EvidenceProf Blog

http://tinyurl.com/m8pcyw8

Dan is on trial for aggravated battery. He has a prior conviction for aggravated battery. After Dan testifies, the prosecution seeks to impeach him through evidence of his five year-old conviction for armed robbery. To be admissible, the evidence cannot simply satisfy Federal Rule of Evidence 403; instead, pursuant to Federal Rule of Evidence 609(a)(1)(B), the prosecution must affirmatively prove that the probative value of the conviction outweighs its prejudicial effect.

A defendant calls an alibi witness at trial. After the alibi witness testifies on direct examination, the prosecution seeks to impeach him with evidence of a prior inconsistent statement that tends to incriminate the defendant. The prior statement is hearsay and only admissible to impeach that alibi witness, not to prove the truth of the matter asserted. My question today is: Should courts apply the same modified Rule 403 analysis that they would apply in the case above?

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A New Theory of Hearsay – Part 1.

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Admissibility, Evidence, Federal Rules of Evidence, Hearsay, Trial Tips and Techniques, Witnesses

≈ Comments Off on A New Theory of Hearsay – Part 1.

Tags

Character Evidence, Colin Miller, Evidence, Evidence ProfBlogger, EvidenceProf Blog, Federal Rules of Evidence, Hearsay, Hearsay Declarant, Hearsay Exceptions, Objections, Witness

A New Theory of Hearsay: Incorporating Rule 403 Into the Hearsay Analysis, by Evidence ProfBlogger (Colin Miller, Editor), EvidenceProf Blog

http://tinyurl.com/m6fchaq

Federal Rule of Evidence 803 provides exceptions to the rule against hearsay that apply regardless of the availability of the hearsay declarant. Federal Rule of Evidence 804 provides exceptions to the rule against hearsay that apply if the hearsay declarant is ‘unavailable.’ As exceptions to the rule against hearsay, these Rules merely place qualifying statements beyond the scope of Federal Rule of Evidence 802. And what this means is that, like all evidence, statements falling under a hearsay exception must be relevant under Federal Rule of Evidence 401 and have a probative value that is not substantially outweighed by dangers such as the danger of unfair prejudice under Federal Rule of Evidence 403. And yet, parties almost never make Rule 403 objections to evidence offered under a hearsay exception, and courts almost never sustain such objections. Why?

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National Paralegal Exams – Should You Take Them?

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in National Exams, Paralegals/Legal Assistants, Professional Organizations

≈ Comments Off on National Paralegal Exams – Should You Take Them?

Tags

Certified Legal Assistant, Legal Assistants, National Association of Legal Assistants, National Federation of Paralegal Assocaitions, National Paralegal Exams, Paralegals, Registered Paralegal

Recently I have had conversations with paralegals and paralegal students who are interested in taking one of the national paralegal exams. In a former life, I was the National Coordinator for PACE (the “Paralegal Advanced Competency Exam”) for the National Federation of Paralegal Associations (“NFPA”). I helped to design that exam in its beginning stages and wrote the legal writing section  of its Study Manual. So PACE and Registered Paralegals are what I know best.

I have many friends who have taken both the Certified Legal Assistant  exam created by the National Associations of Legal Assistants (“NALA”) and NFPA’s exam to become Registered Paralegals. Many went on to get further certification in other areas of law, e-discovery, or other fields.

It is not unusual these days to see non-lawyer professionals with long lists of initials after their name. Why are these folks spending the money and time to pass these tests? Maybe their employers asked or required the exams or training to meet their clients’ needs, and they needed someone with those skills. It happens, especially with firms that taken on massive e-discovery projects.

I think the best reason to invest the time and money (and they are not cheap) to take a national paralegal exam is to prove to oneself his or her expertise for their own gratification. Anything else that comes from it is gravy.

Do other paralegals who have passed these tests tell others that they are not really a legal assistant or paralegal if they do not take and pass these tests? Sometimes, I’m sorry to say that happens. I have never understood knocking someone else down to build yourself up, and that is the category where this nonsense belongs.

I am not going to say that one paralegal association’s test is better than another. Both NALA and NFPA have long since established the credentials and worth of their exams. That debate is over — or it should be.

My recommendation is to ignore anyone (other than your employer) who insists that you must take one of these tests to prove your worth or ability. Again, the best reason to take these tests is because you have decided – for your own reasons – that this is what you want. Those who have already passed the tests will hopefully encourage you and support your efforts.

What national test should you take? That is your call. If you are a paralegal worth your chops, you will do your own research and make your own decision after looking at all the pro’s and con’s. It is your money, your time, and your career. Who else should make that decision but you? -CCE

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U.S. Supreme Court’s “Instruction Manual” on Class Action Litigation.

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Arbitration, Class Actions, Class Certification, Consumer Contracts, Contract Law, Credit Repair, Employment Law, Litigation, United States Supreme Court

≈ Comments Off on U.S. Supreme Court’s “Instruction Manual” on Class Action Litigation.

Tags

American Express Co. v. Italian Colors Restaurant, Arbitration, AT&T Mobility LLC v. Concepcion, Class Action, Class Action Waiver Clauses, Class Certification, Comcast Corp. v. Behrend, Consumer Contracts, Credit Repair Organizations, Daniel P. Shapiro, Federal Arbitration Act, Inc. v. Dukes, Katten Muchin Rosenman LLP, Litigation, Oxford Health Plans LLC v. Sutter, Stolt-Nielsen S.A. v. Animalfeeds International Corp., U.S. Supreme Court, Wal-Mart Stores

Recent Developments For Litigation Risk Mitigation: The U.S. Supreme Court’s Prescription, by Daniel P. Shapiro, Katten Muchin Rosenman LLP  

(This piece is adapted from Daniel P. Shapiro’s article published in the November 2013, issue of AHLA Connections. © 2013 American Health Lawyers Association.)

Read Mr. Shapiro’s analysis of recent U.S. Supreme Court cases that have created an instruction manual of sorts for reducing litigation risks for American businesses, as stated below in the excerpt to his post.

There is a hyperlink at the end of the article that will take you to the original article. -CCE

 http://tinyurl.com/ldd7s2o

Over the past three years, since mid-2010, the Supreme Court has handed down a series of related decisions that, taken together, constitute an instruction manual for American business on how to reduce litigation risk. As the world has ‘flattened’ and trade has increasingly globalized and become borderless, it has been impossible to ignore that only in the U.S. economy is litigation such a prominent line item for business. This is particularly true with regard to class action litigation. No other country has the sort of class—or collective—action rules that the United States does. Perhaps in response to these facts, the Supreme Court has made it clear that through a combination of arbitration (as opposed to litigation) and class action waiver clauses properly used, businesses can contract out from under a great deal of litigation risk for the future and fundamentally change their litigation environment.

The new Supreme Court decisions offer instruction on how, exactly, to use arbitration clauses and class action waivers to mitigate litigation risk.

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Indiana Takes On Liquidated Damages in Contract Law.

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Contract Law, Damages, Indiana Court of Appeals, Litigation, State Appellate Courts

≈ Comments Off on Indiana Takes On Liquidated Damages in Contract Law.

Tags

Auburn, Contract Law, ContractsProf Blog, Dean V. Kruse Foundation, Dean V. Kruse Foundation v. Gates, Indiana, Indiana Law Review, Jeremy Telman, Jerry Gates, Kimberly Cohen, Liquidated Damages, Michael Dorelli, Penalty Clause, Purchase Agreement, World War II Museum

Indiana Court of Appeals on Liquidated Damages, by Jeremy Telman, ContractsProf Blog

http://tinyurl.com/lqqbvpw

As you can see from the quote below, this is the fifth in this series. I encourage you to read the entire series to get the full big picture. -CCE

This is the fifth in a series of posts that draw on Michael Dorelli and Kimberly Cohen’s recent article in the Indiana Law Review on developments in contracts law in Indiana.

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Is It Herein, Hereunder, Or Over Yonder?

10 Monday Feb 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Contract Law, Legal Analysis, Legal Writing, Legalese

≈ Comments Off on Is It Herein, Hereunder, Or Over Yonder?

Tags

Adams On Contracting Blog, Ambiguity, Bayerische Landesbank New York Branch v. Aladdin Capital Mgmt. LLC, Contract Law, Herein, Hereunder, Ken Adams, Legal Writing, Paul Hastings

“Herein” (And I Need A Label For This Kind Of Ambiguity), by Ken Adams, Adams on Contract Drafting Blog

http://tinyurl.com/lg9nuer

Ken Adams explains why to avoid “herein,” “hereunder,” and antecedent ambiguity when drafting contracts. -CCE

I’ve previously entertained you with court opinions addressing confusion over what part of a contract is being referred to in a contract provision. Who can forget the confusion over a “hereunder”? (See this post). Or over “except as provided below”? (See this post.)

Well, I have another treat for you. (Yes, I know, I’m too generous.)

The case is Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42 (2d Cir. 2012) (PDF here). (I learned about it from this Paul Hastings newsletter.)

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Jury Consultant’s Voir Dire Tips.

10 Monday Feb 2014

Posted by Celia C. Elwell, RP in Jury Instructions, Jury Persuasion, Jury Selection, Peremptory Challenges, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Jury Consultant’s Voir Dire Tips.

Tags

Edward P. Schwartz, Hung Juries, Jury Consulting, Jury Selection, Jury Trials, Lawyers USA, Peremptory Challenges, Supplemental Juror Questionnaires, THE JURY BOX, Voir Dire, Voir Dire Questionnaires

Indirect Questions Reap Most Information in Oral Voir Dire, by Edward P. Schwartz, THE JURY BOX

http://tinyurl.com/lvbx2pz

In reviewing the traffic on my website recently, I was struck by how much more often one particular article was accessed than any other. I used to write a column on trial strategy for Lawyers USA (formerly Lawyers Weekly USA), and this particular article on voir dire strategy from 2006 seems to be very popular, even today. So, in the spirit of giving the public what it wants, here is that article in its entirety.

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Oh Happy Day for Pennsylvania Personal Injury Plaintiffs.

10 Monday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Case of First Impression, Damages, Evidence, Jury Persuasion, Litigation, Pennsylvania Superior Court, Personal Injury, State Appellate Courts, Trial Tips and Techniques

≈ Comments Off on Oh Happy Day for Pennsylvania Personal Injury Plaintiffs.

Tags

Appellate Law, Bodily Injury, Brian Butler, Damages, Daniel E. Cummins, Delay Damages Calculation, Future Medical Expenses, Pain and Suffering, Pennsylvania Superior Court, Personal Injury, Roth v. Ross and Erie Insurance Group, TORT TALK

Appellate Case of First Impression – Future Medical Expenses Are To Be Included in Delay Damages Calculation, by Daniel E. Cummins, TORT TALK

http://www.torttalk.com/2014/02/appellate-case-of-first-impression.html

In a case of first impression, the Pennsylvania Superior Court recently ruled in Roth v. Ross and Erie Insurance Group, 977 MDA 2013, 2014 Pa. Super. 20 (Pa. Super. Feb. 7, 2014 Donohue, Ott, J.J., Platt, S.J.)(Opinion by Donohue, J.), that an award of future medical expenses in a personal injury case should be included in the calculation of delay damages due to the Plaintiff on a verdict. . . .

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Will Kill Switches Stop Cell Phone Theft?

10 Monday Feb 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Blackberry Phones, Cell Phones, iPad, iPhones, Legal Technology, Tablets

≈ Comments Off on Will Kill Switches Stop Cell Phone Theft?

Tags

Angela Moscaritolo, Apple, California, Cell Phone Theft, Cell Phones, CTIA, Kill Switch, PC Magazine, Samsung, San Francisco Attorney General George Gascón, Senator Mark Leno, Smartphone Theft

Calif. Bill Would Require Cell Phone Kill Switches, by Angela Moscaritolo, PC Magazine

http://www.pcmag.com/article2/0,2817,2430471,00.asp

Cell phone theft is a growing problem, but a group of California lawmakers think they have a solution.

State Sen. Mark Leno (D-San Francisco) on Friday is expected to introduce legislation requiring all smartphones and tablets sold in the state to contain a so-called “kill switch,” which would render the device inoperable if it was lost or stolen. The bill, which is sponsored by San Francisco Attorney General George Gascón, would apply to any device sold after Jan. 1, 2015. . . .

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Legal Ethics Head’s Up – Don’t Get Drunk, Move A Dead Body, And Lie To Police.

10 Monday Feb 2014

Posted by Celia C. Elwell, RP in Attorney Discipline, Kansas Supreme Court, Legal Ethics

≈ Comments Off on Legal Ethics Head’s Up – Don’t Get Drunk, Move A Dead Body, And Lie To Police.

Tags

Attorney Discipline, Kansas Supreme Court, Legal Ethics, Legal Profession Blog, Legal Profession Prof, Mike Frisch, Robert A. Mintz

Someone Died, Someone Lied, by Legal Profession Prof (Mike Frisch), Legal Profession Blog

http://tinyurl.com/p3vxrmw

A partner-shareholder has an adulterous affair with one of the firm’s associates who suffered from depression and alcohol abuse. From there, it sadly got worse. -CCE

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How Do Jurors In A Recession Really Feel About The Financial Industry?

09 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Class Actions, Corporate Law, Finance and Banking Law, Jury Persuasion, Jury Selection, Litigation, Trial Tips and Techniques, Voir Dire, White Collar Crime

≈ Comments Off on How Do Jurors In A Recession Really Feel About The Financial Industry?

Tags

Banking Industry, Elizabeth Babbitt M.A., Financial Institutions, For The Defense Magazine, High-Interest Loans, Housing Crash, Jill Leibold Ph.D., Juror Bias, Jurors, Litigation Insights, Louis A. Huber III, Mortgage Foreclosure, Recession

Take This To The Bank: Jurors’ Evaluations Of Financial Industry Defendants During A Recession, by Jill Leibold Ph.D., Director, Jury Research, Elizabeth Babbitt, M.A., Consultant, and Louis A. Huber III, of Schlee, Huber, McMullen and Krause, LITIGATION INSIGHTS

http://tinyurl.com/nx84u56

[I]n the following article, published in DRI’s, For the Defense magazine, we wanted to evaluate biases in the way jurors would view banking or finance defendants. Given that almost all of Americans have felt they’ve been affected by the most recent recession, we conducted a study to gauge those positive or negative attitudes toward the financial industry as well as piece together how these issues could shape jurors’ perceptions toward banking and finance defendants come trial. . . .

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Looking For An Excellent Legal Research Source?

09 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Case Law, Federal Law, Legal Encyclopedia, LexisNexis, Regulations, Research, State Law, Statutes

≈ Comments Off on Looking For An Excellent Legal Research Source?

Tags

Andrew Zimmerman, Legal Encyclopedia, Legal Research, LexisNexis, Zimmerman's Research Guide

Zimmerman’s Research Guide – An Online Encyclopedia for Legal Researchers, by Andrew Zimmerman, LexisNexis®.

http://law.lexisnexis.com/infopro/zimmermans/default.aspx

If you have not already discovered Mr. Zimmerman’s Research Guide, please give yourself a treat. Mr. Zimmerman is a skilled and experienced research expert. He has been collecting and publishing research links and tips for many years.

If this is not already one of your Favorites, it should be. -CCE

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Elder Abuse Resources From Medline Plus.

09 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Elder Abuse, Elder Law

≈ Comments Off on Elder Abuse Resources From Medline Plus.

Tags

Elder Abuse, Medline Plus, National Institute on Aging, National Institutes of Health, U.S. National Library of Health

Elder Abuse – Medline Plus, U.S. National Library of Medicine, National Institute of Health

http://www.nlm.nih.gov/medlineplus/elderabuse.html

One of the best resources on elder abuse I have found. Please scroll past the article to sign up for updates via email. Keep scrolling down to find many more online resources.

At the bottom of the page, you can get this as a mobile version, sign up to receive information by email or RSS feed, and/or follow on Twitter. -CCE

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How to Clean Up Scanned PDF Documents.

08 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Adobe Acrobat, Legal Technology

≈ Comments Off on How to Clean Up Scanned PDF Documents.

Tags

.pdf, Acrobat for Legal Professionals, Acrobat XI, Adobe Acrobat, Rick Borstein

How to Erase and Clean-up a Scanned PDF in Acrobat XI, by Rick Borstein, Acrobat for Legal Professionals

http://tinyurl.com/mwb92n9

Has anyone ever made notes on the original and only copy of a .pdf document? Did you ever need to get remove staple holes, stray marks, or fax headers? Here’s how to do it. -CCE

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A Judge’s Biting Response to Bad Briefs.

08 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Judges, Legal Analysis, Legal Writing

≈ 1 Comment

Tags

Bradshaw v. Unity Marine Corps, Briefs, Good Legal Writing, Judge Samuel B. Kent, Legal Analysis, Legal Writing, Tiffany Johnson

The Bench Strikes Back, by Tiffany Johnson, Good Legal Writing

http://goodlegalwriting.com/2013/01/10/the-bench-strikes-back/

A judge does not like the quality of writing and analysis in attorneys’ briefs and tells them so. It isn’t pretty. -CCE

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Forget Times New Roman! Courts Prefer More Readable, Professional Fonts.

08 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Brief Writing, Fonts, Judges, Legal Writing

≈ Comments Off on Forget Times New Roman! Courts Prefer More Readable, Professional Fonts.

Tags

Appellate Briefs, Fonts, Jason Steed, Legal Solutions Blog, Legal Writing, Times New Roman

Legal Writing: Font Matters, by Jason Steed, Legal Solutions Blog

http://tinyurl.com/n5zv6z7

 I thought by now it was becoming common knowledge that lawyers should avoid using Times New Roman as the font for their legal documents. But I recently had a conversation with an experienced lawyer about font choices in appellate briefs, and this experienced lawyer was trying to tell me that font doesn’t matter. “Just leave it on Times New Roman,” the experienced lawyer said. “That’s what judges are used to; it’s what they expect. There’s no reason to shake it up.” And maybe this is true. Maybe judges, after seeing thousands of court filings, simply get “used to” and “expect” these briefs to look a certain way.

But that doesn’t mean that that’s how judges want things to be. In fact, there’s evidence to the contrary. . . .

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The Legal Writing Debate on Footnotes Continues.

08 Saturday Feb 2014

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Appellate Law, Brief Writing, Citations, Court Rules, Footnotes, Legal Writing

≈ Comments Off on The Legal Writing Debate on Footnotes Continues.

Tags

ABA Journal, Brief Writing, Bryan Garner, Citations, Footnotes, Jason Steed, Ledet v. Seasafe, Legal Writing, Louisiana Appellate Court, New York Times, Raymond Ward, Rich Phillips, the (new) legal writer

The Never Ending Debate Over Citational Footnotes, by Raymond Ward, the (new) legal writer

http://tinyurl.com/lh3t2co

Mr. Ward gives us a brief overview in these two paragraphs. In the remainder of his post, Mr. Ward expands on his variations for citations in footnotes and the preferences of Fifth Circuit judges  I mean no disrespect to Mr. Garner, but if Mr. Ward gives advice on legal writing, I pay attention. -CCE

Who would have thought that, for over 13 years now, the most controversial subject among litigation-oriented legal writers would be the location of legal citations in footnotes versus in text? Back in the spring of 2001, a judge in an intermediate Louisiana appellate court, in writing the majority’s opinion in a case, put her legal citations in footnotes. This drew a concurring opinion from the chief judge (withdrawn before final publication), agreeing with the result but objecting to the use of footnotes for citations. So the author wrote her own concurring opinion defending her use of footnotes. The case is Ledet v. Seasafe, Inc., 783 So. 2d 611 (La. App. 3 Cir. 2001). The controversy stirred up by Ledet caught the attention of the New York Times. Here is my own little casenote on Ledet.

Fast-forward 13 years. Bryan Garner writes an article for the ABA Journal recommending the use of footnotes for legal citations—a position he’s held since I took my first Garner seminar in 1998. His fellow Texans Rich Phillips and Jason Steed write blog posts begging to differ. Different decade, pretty much the same debate.

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Use Footnotes for Legal Citations?

07 Friday Feb 2014

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Footnotes, Legal Writing

≈ Comments Off on Use Footnotes for Legal Citations?

Tags

ABA Journal, Bryan Garner, Citations, Footnotes, Legal Writing, Legal Writing Prof, Legal Writing Prof Blog

Garner Argues For Footnotes In Judicial Opinions, by Legal Writing Prof, Legal Writing Prof Blog

http://tinyurl.com/jwd8rpg

Count me as one who disagrees with putting citations in footnotes. Mr. Garner has advocated this position for some time, and he has won some converts.

When I am reading a brief or opinion, I want to look at the citation at the time I am reading the argument. The strength of the authority will influence how persuaded I will be by the argument. Because persuading the reader is basically what legal writing is all about, I do not want my reader to lose focus or be distracted in any way. For me, having to move my eyes down to a footnote to find the authority used for an argument would tedious and irritating. I am afraid that I will never agree with Mr. Garner on this point. -CCE

In his February ABA Journal column, Bryan Garner continues his long-running campaign for footnotes in judicial opinions. He argues that citations in the text make legal writing cumbersome. And he points out that while they might have been practical in the days of the typewriter, now “we can easily sweep those interruptions out of the way.”

Garner admits that not everyone agrees with him; so far, only a minority of judges has adopted his proposal. . . .

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How to Stop Procrastinating And Top Time Management Tips From The Experts.

07 Friday Feb 2014

Posted by Celia C. Elwell, RP in Law Office Management, Time Management

≈ Comments Off on How to Stop Procrastinating And Top Time Management Tips From The Experts.

Tags

Jim Calloway, Jim Calloway's Law Practice Tips Blog, Law Office Management, Meg Spencer Dixon, Podcast, Procrastination, The Digital Edge, Time Management, Time Management for Lawyers

Digital Edge Podcast – Time Management for Lawyers, by Jim Calloway, Jim Calloway’s Practice Tips Blog

http://tinyurl.com/kuandok

Meg Spencer Dixon pulled three consecutive all-nighters before she began pursuing time management as a career. Now, she is a consultant in task management for legal professionals. In this edition of  The Digital Edge – Lawyers and Technology podcast, Time Management for Lawyers, Sharon Nelson and Jim Calloway invite Dixon to discuss her top tips for legal professionals looking to master project management, how to stop procrastinating, and more.

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LexisNexis® State Net® Offers Free Tool for Legislative and Regulation Research.

06 Thursday Feb 2014

Posted by Celia C. Elwell, RP in Apps, Legal Technology, Legislation, LexisNexis, Regulations, Research

≈ Comments Off on LexisNexis® State Net® Offers Free Tool for Legislative and Regulation Research.

Tags

Legal Research, Legislation, LexisNexis, Regulations, State Net®, State Net® Mobile App

LexisNexis® State Net® has a new—but very familiar—look (January 2014).

http://tinyurl.com/kv96ssz

Use this powerful tool by LexisNexis® to search and monitor legislative and regulatory activity. You do not need a LexisNexis® subscription to use this tool. Even if this is not an subject that you research regularly, please take a look.

Click on http://tinyurl.com/kv96ssz for the State Net Web Page. See more at: http://tinyurl.com/kkut66t. I recommend watching the short, but informative, video for an overview of how to use and get the most out of this resource. Yes, it also provides an App.

Features of this free service include:

Comprehensive Coverage. Access more than 150,000 legislative and 30,000 regulatory measures as they are considered in the United States, Puerto Rico and Washington, D.C. Confidently assess the impact of proposed measures with enriched resources including full bill text, sponsor biographies and links to affected statutes.

Timely Delivery of High-Integrity Data. Rely on accurate content from the United States, Puerto Rico and Washington, D.C., with fast-changing information reviewed, verified and reported within 24 hours of public availability. More than 50 editors with expertise in the unique procedures, processes, and document formats of the originating states perform rigorous quality control at every major stage.

Results-Oriented Reporting. Track and segment legislation and regulations you care about to produce customized reports that inform critical business decisions. Manage relevant measures along with supporting details and documents. Know when bills or regulations move and receive advance notice of hearings for measures you are tracking.

Highly Targeted Search Tools. Target relevant text and topics using proprietary search tools and hands-on issue screening.

Strategic Communication. Deliver meaningful and relevant information to your stakeholders. Simplify communication on complex issues with seamlessly integrated, State Net hosted Web content. Enable users to craft self-customized reports or generate updates on the fly.

Exceptional Client Service. Benefit from an entire team of professionals who understand your program, objectives and issues. More than 100 State Net service professionals are connected to your goals and committed to your success.

State Net® Mobile. Get up-to-date information on legislative developments and critical State Net® content while you’re on the go. We offer the ability to access, track and share our most important resources from any mobile device.

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Why Doctors Stay Silent When They See Mistakes Made By Other Doctors.

04 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Health Law, Health Reform, Medical Malpractice

≈ Comments Off on Why Doctors Stay Silent When They See Mistakes Made By Other Doctors.

Tags

Cleanup Surgery, Code of Silence, Doctor, Dr. Brant Mittler, Dr. David Mayer, Dr. Thomas Gallagher, Marshall Allen, Medical Error, Physician, ProPublica, ProPublica Patient Harm Questionnaire, Surgeon, Surgical Mistakes, The New England Journal of Medicine

Why Doctors Stay Mum About Mistakes Their Colleagues Make, by Marshall Allen, ProPublica

http://tinyurl.com/q2tknhf

A video discussion about why doctors stay silent about this problem is at the end of this post. -CCE

Patients don’t always know when their doctor has made a medical error. But other doctors do.

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Legal Research and Writing Resources Worth Bookmarking.

03 Monday Feb 2014

Posted by Celia C. Elwell, RP in Clouds, Corporate Law, E-Discovery, Google, Law Office Management, Legal Technology, Legal Writing, Research

≈ Comments Off on Legal Research and Writing Resources Worth Bookmarking.

Tags

Adams Contract Drafting, Bose Law and Technology Blog, Briefly Writing, Cheryl Niemeier, Corporate Law, eDiscovery Daily, Finance, Internet for Lawyers, Law Office Management, Legal Research, Legal Research Plus, Legal Technology, LLRX, Mergers & Acquisitions, MyCase, Witnesseth

8 Great Legal Research and Writing Resources and Blogs, by Cheryl Niemeier, Bose Law and Technology Blog

http://tinyurl.com/lje3ode

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