31 Monday Aug 2015
Posted in Legal Technology, Microsoft Office, Word
≈ Comments Off on One-Click Microsoft Word Macros.
Word Macros: Three Examples To Automate Your Documents, by J.D. Sartain, Max Productivity, PC World
Word macros are one-click wonders that let you program complex procedures to launch at your bidding. Here are a few examples to get you started. One creates your company letterhead; the second one inserts pre-formatted tables; and the third one defines and designs custom book formats. . . .
27 Thursday Aug 2015
Posted in Admissibility, Best Evidence Rule, Evidence, Exhibits, Trial Tips and Techniques
≈ Comments Off on Great Illustration and Explanation – What The Best Evidence Rule Is and What It is Not.
Understanding The Best Evidence Rule, by Judge Larry Primeaux, Better Chancery Blog
https://chancery12.wordpress.com/2011/01/12/understanding-the-best-evidence-rule/
I would nominate MRE 1002 for second-most misunderstood rule of evidence (the all-time front-runner, without peer, would be the hearsay rule). . . .
27 Thursday Aug 2015
Posted in Apple, Apps, Cell Phones, Emails, iPhones, Law Office Management, Legal Technology, Time Management
≈ Comments Off on App Resources – Save Time and Plug In!
Tags
Belle Beth Cooper, Buffer Blog, iOS Apps, Law Office Management, Legal Technology, RSS, Shawn J. Roberts, Social media
The Beginner’s Guide to Putting the Internet to Work for You: How to Easily Save 60 Minutes Every Day, by Belle Beth Cooper, Buffer Blog (with hat tip to Shawn J. Roberts)
So many great ideas and useful apps, even if you are not tech savvy. This is stuff you can, and should, use right now. -CCE
One of the most fun and useful things I’ve been doing lately is automating small processes I do all the time. It took me a while to work up the courage to dive into automation, as it always seemed like a really difficult, technical thing to do, which should be left to programmers.
Luckily, there are lots of tools being created lately to make automation easier for those of us without a solid understanding of how our computers really work. . . .
24 Monday Aug 2015
Posted in 5th Circuit Court of Appeals, Employment Law, Litigation, Summary judgment, Workers' Compensation, Wrongful Termination
≈ Comments Off on Fifth Circuit Reverses District Court On Termination of Temporary Employees.
Tags
EEOC, Employment Law, Manpower, San Antonio Employment Law Blog, Summary judgment, Thomas J. Crane
Fifth Circuit Reverses Western District for Making Credibility Determinations, by Thomas J. Crane, San Antonio Employment Law Blog
In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944 (5th Cir. 8/10/2015), the Fifth Circuit overruled the district court’s summary judgment. The court addressed a frequent issue, who is responsible for the termination of temporary employees? But, in so doing, the higher court also addressed a more frequent issue, how to apply the summary judgment standard. . . .
23 Sunday Aug 2015
Posted in Legal Technology, OneNote, Trial Notebooks
≈ Comments Off on OneNote 2007 — Technology Suitable For Your Next Trial Notebook?
The Trial Lawyer’s Electronic Notebook, by Bruce A. Olson, ONLAW Trial Technologies, LLC (Applies to Microsoft Office OneNote 2007)
In my experience, it is rare to find two lawyers who prepare exactly the same way for trial. Some folks still adhere to tradition – banker’s boxes filled with pleadings, witness files, deposition transcriptions, etc. Others rely solely on technology, which is great as long as the judge’s courtroom has adequate resources and space. Others prefer a combination of the two.
Certainly, if your jury is filled with younger people, please use technology rather than cumbersome foam boards on easels for presentations to the jury. Otherwise, you will likely bore them to death and quickly lose their attention.
I found this example intriguing because it uses OneNote. Granted it is the 2007 version, but it still gives an excellent example of how to use this type of technology to organize a trial notebook. I am not saying this is the only type of technology that can be used in to prepare trial notebooks. Hopefully it will give you inspiration to try this method or another type of technology at trial. -CCE
My opposing counsel kept looking at me with obvious envy as I made my argument to the judge why certain key evidence should be excluded from the trial we were involved in. I could tell from the look on the attorney’s face that he was puzzled how I could refer to portions of the record, prior witness testimony, exhibits, case law, and a brief that I had previously submitted, all without a single piece of paper in front of me. The only thing I used was my laptop and a mouse. He sat at a table with loose papers piled haphazardly, manila folders strewn about, and a Bankers Box on the floor, stuffed to overflowing. . . .
22 Saturday Aug 2015
Posted in Appellate Law, Appellate Writing, Brief Writing, Editing, Grammar, Legal Analysis, Legal Argument, Legal Writing, Persuasive Writing, Readability, United States Supreme Court
≈ Comments Off on Supreme Court Writing Analysis – Whose Briefs Win and Why.
Tags
Appellate Briefs, Legal Analysis, Legal Writing, Persuasive Legal Writing, Plain English, U.S. Supreme Court
Who Wins in the Supreme Court? An Examination of Attorney and Law Firm Influence, by Alan Feldman, University of Southern California, Political Science, SSRN.com (Date posted: August 18, 2015 ; Last revised: August 21, 2015)
This paper is a detailed analysis of what type of legal writing and briefs from 1946 through 2013 have been the most influential with the United States Supreme Court and the lawyers who write them. Interestingly, lawyers who write short sentences in the active voice and who use fewer words than the majority of brief writers are the most successful. It is a fascinating read, and strongly recommended. -CCE
22 Saturday Aug 2015
Posted in Law Office Management, Legal Ethics, Legal Technology, Management, Office Procedures, Time Management
≈ Comments Off on Big Brother Pilot Program Comes To Watchell Lipton Rosen & Katz.
Tags
Big Brother, BNA Bloomberg Blog, Casey Sullivan, Law Office Management, Legal Technology, Wachtell Lipton Rosen & Katz
Wachtell Lipton To Start Tracking Employee Work Status, by Casey Sullivan, BNA Bloomberg Blog
https://bol.bna.com/wachtell-lipton-to-start-tracking-employee-work-status/
This firm has a philosophy – treat its lawyers like grown ups with no billable hour requirement and other perks. Now they appear to have a problem finding their attorneys.
Who gets the job of tracking the attorneys? Their assistants, of course. Will this encourage a great working relationship between the assistants and their supervising attorneys? Probably not.
How long do you think this pilot program will last, and will other firms follow their example? -CCE
Wachtell, Lipton, Rosen & Katz will start a pilot program next week, requiring its assistants to report the status and location of the firm’s attorneys each morning, according to an internal memo leaked to the legal blog Above the Law.
Still unknown: how Wachtell plans to use the information it gathers?
From the memo: ‘The lack of awareness of the status and/or location of our colleagues results in staffing and work-related complications and other concerns.’
It also explained the process. The assistants would have an icon on their computers that would include a variety of options, such as ‘working from home,’ ‘traveling on business,’ and ‘leave of absence,’ and they will be required to input the status and location of their assigned attorneys. . . .
19 Wednesday Aug 2015
Posted in Civil Procedure, Court Rules, Courts, Discovery, E-Discovery
≈ Comments Off on Current List of Each State’s E-Discovery Rules.
Current Listing of States That Have Enacted E-Discovery Rules, Electronic Discovery Law, K&L Gates Blog
http://www.ediscoverylaw.com/state-district-court-rules/
K&L Gates keeps this list of state’s e-discovery rules constantly updated. I love one-stop clicking and appreciate the reminder to look for your judge’s local rules, forms, and guidelines. -CCE
More and more states are adopting statutes and court rules addressing the discovery of electronically stored information. Here is a current list with links to the relevant provisions. Please note also that many judges have created their own forms or have crafted their own preferred protocols for e-discovery. These are generally available on the website of the individual judge and care should be taken to ensure you are aware of any such forms or guidelines in any court you may appear in. . . .
16 Sunday Aug 2015
Posted in Canada, Canada Licensing, Paralegals/Legal Assistants, Professional Organizations
≈ Comments Off on Upper Canada’s Paralegal Rules of Conduct.
Tags
Paralegal Ethics, Upper Canada Paralegal License, Upper Canada Paralegal Resources, Upper Canada Paralegal Rules of Conduct, William P. Statsky
The Law Society of Upper Canada – The Paralegal Rules of Conduct (with hat tip to William P. Statsky!)
http://www.lsuc.on.ca/uploadedFiles/Chapter1ParalegalRulesConduct.pdf
Upper Canada Paralegal Resources
http://www.lsuc.on.ca/for-paralegals/resources-for-paralegals/
Includes information about how to become a paralegal, how to become licensed, and how to manage your paralegal practice. -CCE
15 Saturday Aug 2015
Posted in Civil Rights, First Amendment, Legal Argument, Legal Writing, Persuasive Writing
≈ Comments Off on Use “The Streisand Effect” To Hit The Perfect Legal Writing Chord.
Tags
Breaking Energy Blog, Civil Rights, Elie Mystal, Legal Writing, Persuasive Writing, Raymond Ward, Song Lyrics
Peabody Energy Tries To Strike Song Lyrics From Complaint: Welcome To The Streisand Effect, by Elie Mystal, Breaking Energy Blog (with hat tip to Raymond Ward!)
Kudos to the lawyers who came up with this legal writing strategy. A couple sued Peabody Energy and alleged a civil rights violation. The police arrested the couple for holding up a banner during Peabody’s shareholder’s meeting.
The Complaint filed against Peabody Energy included lyrics to a song called “Paradise,” by John Prine. Who knows how the plaintiff’s counsel found it. The lyrics are a perfect choice.
The song is about coal mining exploitation by a company. You guessed it – the company’s name is Peabody. The lyrics about the big, bad coal company abusing the rights of common people strike the right chord.
Peabody’s reaction was understandable, but a costly mistake. Peabody filed a Motion to Strike. Strike what? The song lyrics – in a lawsuit about freedom of speech. To be kind, perhaps Peabody’s counsel did not think that one through.
The plaintiff’s response is classic and brilliant legal writing strategy. -CCE
13 Thursday Aug 2015
Posted in Breach, Contract Law, Employment Contracts, Employment Law, Intentional Promise, Religious Discrimination
≈ Comments Off on When Is An Offer of Employment Letter The Same As A Contract?
Tags
Breach of Contract, Contract Law, ContractsProf Blog, Employment Law, Jeremy Telman, Motion to Dismiss
Federal Judge Allows Stephen Salaita’s Suit Against the University of Illinois to Proceed, by Jeremy Telman, ContractsProf Blog
In a case we have been following for a year (here, here, and here, for example), Stephen Salaita is suing the University of Illinois for withdrawing its offer to hire him to teach in its American Indian Studies Program after discovering some intemperate anti-Zionist tweets Mr. Salaita had posted. . . .
10 Monday Aug 2015
Posted in Attorney Work Product, Attorney-Client Privilege, Discovery, Federal Rules of Discovery, Privilege and Confidentiality, Privilege Log, Requests for Production
≈ Comments Off on 2,941 Page Privilege Log? Better Make It Good.
Tags
Attorney-Client Privilege, Discovery, Doug Austin, eDiscoveryDaily Blog, Motion to Compel, Privilege Logs
If You’re Going to Submit a 2,941 Page Privilege Log, You’d Better Be Able to Demonstrate Privilege: eDiscovery Case Law, by Doug Austin, eDiscoverydaily Blog
The last post by Mr. Gilliland is an excellent illustration of the rule for privilege logs. This example? Well, you be the judge. -CCE
In United States v. Louisiana, 11-470-JWD-RLB. (M.D. La. July 31, 2015), Louisiana Magistrate Judge Richard L. Bourgeois, Jr., after reviewing 40 documents provided by the defendant for in-camera review, granted the plaintiff’s Renewed Motion to Compel a Proper Privilege Log, after denying the original motion because the plaintiff only provided 13 examples of ‘insufficient descriptions’ within the privilege log’s entries. . . .
10 Monday Aug 2015
Posted in Attorney Work Product, Attorney-Client Privilege, Discovery, Federal Rules of Discovery, Privilege and Confidentiality, Privilege Log, Requests for Production
≈ Comments Off on Privilege Logs.
Tags
Attorney-Client Privilege, Bow Tie Law Blog, Confidentiality, Discovery, Joshua Gilliland, Privilege Logs
A Case Study on Privilege Logs, by Joshua Gilliland, Esq., Bow Tie Law Blog
https://bowtielaw.wordpress.com/2015/08/08/a-case-study-on-privilege-logs/
In this post, Mr. Gilliland suggests an Excel format and headings for a privilege log with a reminder to cover the privilege log rule requirements. Here is another basic example in Google Docs:
https://docs.google.com/document/d/1DKgo192j0sQfbj5H51gFQZNFbcrQJOxuBaUU3ZzZGBU/preview
-CCE
Privilege logs require more than merely saying a prospectively privileged document is an ‘attorney-client communication.’ This requires litigants to conduct privilege review with far more analysis than simply tagging discovery ‘Attorney Client Privilege’ or ‘Work Product Conduct.’ The case of United States v. State & La. Dep’t of Health & Hospitals highlights the importance of effective discovery review in creating privilege logs. . . .
08 Saturday Aug 2015
Posted in Benchslap, Court Orders, Federal Judges, Judges, Legal Writing, U.S. District Courts
≈ Comments Off on Perfect Benchslap For Redaction Running Amuck.
Judge Trolls Lawyers Without Saying Anything At All, by Joe Patrice, Above The Law
http://abovethelaw.com/2015/08/judge-trolls-lawyers-without-saying-anything-at-all/
Joe beat me to it. Many thanks to Jessica L. Craft at Holden & Carr for the heads’ up. -CCE
Judge Charles Breyer proves that a redaction can be worth a thousand words. . . .
08 Saturday Aug 2015
Posted in Health Law
≈ Comments Off on Leiomyosarcoma And Other Types of Cancer.
Tags
Leiomyosarcoma – Information for Leiomyosarcoma Families
No, I can’t pronounce this, and I won’t pretend that I know much about it. This is a rare type of cancer that attacks soft tissue and involuntary muscle. The good news is that, if caught early, it can be effectively removed and treated. Learn more about it at http://www.leiomyosarcoma.org/blog.
There are many different types of cancer – more than I can name. If you are like me, you have lost family and friends to this disease, or perhaps you know someone, as I do, who happily are cured. Regardless, any one diagnosed with cancer goes down a difficult road. You will find more information at these links:
07 Friday Aug 2015
Posted in Closing Argument, Cross-Examination, Direct Examination, Jury Persuasion, Opening Argument, Oral Argument, Storytelling, Trial Tips and Techniques
≈ Comments Off on Litigation and The Art of Storytelling.
Tags
Art of Persuasion, Dr. Ken Broda-Bahm, Persuasive Litigator Blog, Storytelling, Trial Tips and Techniques
Tell It: The Top 10 Posts on Story, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog
http://www.persuasivelitigator.com/2015/07/tell-it-the-top-10-posts-on-story.html
The ‘story model’ (Hastie, Penrod & Pennington, 1983) for litigation persuasion is appropriately considered gospel at this point. At the same time, there is an art to it. In most courtrooms, I see litigators who are aware of the need to tell a story, but not necessarily versed in the techniques of storytelling. As I’ve explored from time to time in this blog, beyond laying out the events in temporal sequence, there are some nuances relating to structure, imagery, audience, and point of view. In short, there is a substantial ‘advanced course’ in narrative that effective trial lawyers should study. To make that a little easier, here are our top 10 posts so far on storytelling in trial. . . .
07 Friday Aug 2015
Posted in 2nd Circuit Court of Appeals, Diligence, Lawyer Supervision, Legal Ethics, Malpractice, Paralegals/Legal Assistants, Rules of Professional Responsibility, Supervising Support Staff
≈ Comments Off on Big Law Firms Miss $1.5 Billion Dollar Mistake.
Mayer Brown & Simpson Thacher Make Epic Screwup, by Joe Patrice, Above The Law (with hat tip to William P. Statsky)
http://abovethelaw.com/2015/01/mayer-brown-simpson-thacher-make-epic-screwup/
It is rare indeed to find such a dearth of responsibility among so many fine legal professionals. If you can, follow the bouncing ball. –CCE
Mistakes happen. It’s why pencils have erasers. But it’s also why law firms install tier after tier of increasingly senior professionals to second-guess every ounce of work product. It’s remarkably effective — and fairly lucrative on an hourly basis.
Unfortunately, the flip side of a tiered system is a tendency toward over-delegation. And that’s how an unwary paralegal ends up costing a bank millions. . . .
04 Tuesday Aug 2015
Posted in Discovery, E-Discovery, Evidence, Forensic Evidence, Law Office Management, Litigation Hold, Office Procedures, Preservation, Technology
≈ Comments Off on Is It Okay To Wipe A Former Employee’s Computer?
Tags
Computer Files, Doug Austin, E-Discovery Preservation, eDiscoverydaily, Law Office Management, Litigation Hold, Spoliation
Court Denies Request for Sanctions for Routine Deletion of Files of Departed Employees: eDiscovery Case Law, by Doug Austin, eDiscoverydaily
For many employers, it is normal procedure to “wipe” the computer of recently former employees after removing anything not already stored on the employer’s network. Is this a bad practice? -CCE
In Charvat et al. v. Valente et al., 12-5746 (N.D. Ill. July 1, 2015), Illinois Magistrate Judge Mary M. Rowland denied the plaintiff’s request for spoliation sanctions for the defendant’s admitted destruction of computer files belonging to two departed employees, finding that the plaintiff did not provide any evidence that the defendant acted in bad faith. . . .
03 Monday Aug 2015
Posted in Legal Writing
≈ Comments Off on Legal Writing Papers at SSRN.
Legal Writing E-Journal, Social Science Research Notebook
http://papers.ssrn.com/sol3/JELJOUR_Results.cfm?form_name=journalbrowse&journal_id=902240
If I am reading this correctly, there are over 1,000 legal writing articles compiled by SSRN. You may find some of these articles to be a bit esoteric and academic. Nevertheless, it is definitely worth investigating. Please add this to your legal writing library bookmarks. -CCE
01 Saturday Aug 2015
Journalism Resources on the Internet, by Marcus P. Zilman, LLRX.com
http://www.llrx.com/features/journalismresources2015.htm
Legal research sometimes requires thinking outside the box. For example, your client is interested in a trial held in another jurisdiction, but does not want to incur the expense of paying for the entire trial transcript.
News articles about the trial may help your attorney decide whose testimony can be useful in your client’s case. Research could identify the specific witnesses and days of testimony needed to prepare your client’s case.
Another resource, also posted here, is JournalistExpress®, http://www.journalistexpress.com, a dashboard research resource for journalists. -CCE
Journalism Resources on the Internet is a selective, comprehensive bibliography of reliable, subject specific and actionable sources of journalism resources and sites for researchers in all sectors. These resources will help you to discover the many pathways available through the Internet to find the latest journalism resources and sites. . . .
01 Saturday Aug 2015
Posted in Federal Law, Library of Congress, Research, U.S. Government
≈ Comments Off on Congress.gov – With New Features and Improvements.
http://blogs.loc.gov/law/2015/07/new-features-added-to-congress-gov-based-on-your-feedback/
The website describes the enhancements, such as email alerts, in detail with instructions on how to use them. The website requests your continued feedback for future ways to improve the website. -CCE
Since the unveiling of Congress.gov in September of 2012, we have been constantly adding new features with each release, and many of the features in this release are based directly on your feedback. . . .
The Researching Paralegal 
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