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The Researching Paralegal

Monthly Archives: December 2015

Observations On Gerry Spence’s Witness Examination Technique.

30 Wednesday Dec 2015

Posted by Celia C. Elwell, RP in Cross-Examination, Direct Examination, Experts, Litigation, Storytelling, Trial Tips and Techniques

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Gerry Spence, Paul Luvera, Plaintiff Trial Lawyer Tips, The Smoking Gun, Witness Examination

Gerry Spence Witness Examination Excerpts, by Paul Luvera, Plaintiff Trial Lawyer Tips

http://plaintifftriallawyertips.com/gerry-spence-witness-examination-excerpts

In 1985, a man was shot dead on a rural road in Lincoln County, Ore. A teenage boy and his mother were indicted for the crime. Gerry Spence took on both cases for the defense pro bono and faced off against a young prosecutor named Joshua Marquis in the juvenile’s trial; the attorneys did not take a shine to each other. So contentious was the trial that they both ended up before the Oregon State Bar. A special report in the bar matter described their relationship as ‘reveal[ing] a degree of hostility and vituperation unique in our experience.’ The bar charges were dismissed, but the animosity remained. Spence wrote a book about the Oregon trials The Smoking Gun.

I was at the courthouse in Portland during a day or two of this trial. I was able to spend some time with Gerry and his partner during recess. He did an amazing job of obtaining an acquittal for his client. I have part of the transcript of that trial. I recently re-read Gerry’s examination of the polygraph operator from that trial. Gerry’s position was the accuser, wife of the deceased, was actually the one who accidentally shot her own husband and then blamed his client who was a neighbor.  He called the polygraph operator to show the accuser had failed the polygraph test. I’m setting out a few illustrations from that transcript for your consideration.

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Preparing Your Oral Argument – This is How You Do It.

27 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Appellate Law, Oral Argument

≈ Comments Off on Preparing Your Oral Argument – This is How You Do It.

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Appellate Law, Lawyerist Blog, Oral Argument, Sam Glover

 How to Prepare for Oral Argument, by Sam Glover, Lawyerist Blog

https://lawyerist.com/40693/how-to-prepare-for-oral-argument/

Oral argument is one of the most exciting parts of litigation, and only a few lawyers are really good at it. But even if you aren’t a naturally talented presenter, you can still improve. The important thing is to get away from your outline and use a more ‘modular’ approach to oral argument.

Many lawyers — especially those new to law practice — prepare for oral argument the same way, by creating an outline and rehearsing as they would for a speech. They may prepare for questions by talking through the issues with a colleague, but this does not usually result in effective oral argument. What it does result in is a stiff argument, awkward recovery after answering questions, and an ineffective presentation overall.

That’s because oral argument is so much more dynamic than an outline — even if you have a ‘cold’ bench. In order to prepare for dynamic argument, you need a more dynamic approach than an outline and a few run-throughs. . . .

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Enhancements to Congress.gov and “How To” on Legislative Research From The Law Librarians of Congress.

27 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Library of Congress, Research, THOMAS, U.S. Government

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Andrew Weber, Barbara Bavis, In Custodia Legis, Law Librarians of Congress, Legislative Research, Robert Brammer, THOMAS

New End of Year Congress.gov Enhancements: Quick Search, Congressional Record Index, and More, by Andrew Weber, In Custodia Legis, Law Librarians of Congress

http://blogs.loc.gov/law/2015/12/new-end-of-year-congress-gov-enhancements-quick-search-congressional-record-index-and-more/

You may not have heard that THOMAS will be retired by the Library of Congress.  Congress.gov will take its place, and you won’t be disappointed. This post includes more that has been added to Congress.gov, including links to state legislative research. Scroll down the page to see a list of all enhancements thus far to Congress.gov. It is definitely worth a read.

If you are not familiar with how to do legislative research, this Beginner’s Guide will help you. -CCE

Locating a Congressional Committee Print: A Beginner’s Guide, co-authored by Robert Brammer and Barbara Bavis, In Custodia Legis, Law Librarians of Congress

http://blogs.loc.gov/law/category/research-guide-2/

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Quick Legal Writing Course.

24 Thursday Dec 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Editing, Grammar, Legal Writing

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Editing, Gary Kinder, Grammar, Legal Productivity, Legal Writing

Video: A Down and Dirty Writing, Editing and Grammar Course For Lawyers, Gary Kinder, Legal Productivity®

http://www.legalproductivity.com/webinars/video-writing-for-lawyers/

Regardless of how good your legal writing may be, there is always room for improvement. Like anything else, your writing skills improve with practice. 

You may not think your writing skills are less than ideal. You may not think it’s a big deal – who cares whether your grammar or punctuation is perfect? Actually, most people, including clients. -CCE

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How The FAST Act Will Affect Tire Manufacturers and Retailers.

20 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Motor Vehicle, Product Liability

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Fixing America’s Surface Transportation (FAST) Act, Product Liability Advocate Blog, Robert D. Sullivan Jr.

Fixing America’s Surface Transportation (FAST) Act Could Spell Trouble for Tire Manufacturers, Distributors and Retailers, by Robert D. Sullivan, Jr., Product Liability Advocate Blog

perma.cc/9YLE-87Z3

On December 4, 2015, President Obama signed into law a massive (1,300-page) five-year, $281 billion transportation bill that not only covers highway, transit and rail project funding but also includes the following important provisions regarding tires:

Tire retailers will be required to register tires at the time of purchase. This means customer-contact information will be obtained and stored electronically when a customer buys tires, which will facilitate recalls. . . .

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Utah Lawyers Not Yet Ready To Accept Limited Paralegal Practitioners.

20 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Education, Limited License Legal Technician Program, Paralegals/Legal Assistants, Utah Supreme Court

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Jessica Miller, Limited Paralegal Practitioners, The Salt Lake Tribune, Utah Supreme Court

 

 

A New Kind Of Paralegal Is Coming To Help Utahns Navigate The Court System, by Jessica  Miller, The Salt Lake Tribune (published December 14, 2015)

http://www.sltrib.com/home/3307300-155/a-new-kind-of-paralegal-is

There are issues with how Utahns access their justice  system, a Utah Supreme Court justice said.

Many people either can’t afford lawyers, Deno Himonas said Monday, or simply don’t want to hire one to help them navigate the court system as they file for divorce, settle debts or resolve eviction issues. . . .

To that end, the Utah Supreme Court has approved the creation of a new legal profession: limited paralegal practitioners.

*     *     *

Creating a new career field from the ground up won’t be without challenges, however.

One of the biggest hurdles may be getting Utah lawyers to support the program. The task force report said 60 percent of lawyers recently surveyed by the Utah State Bar either disagreed or ‘strongly disagreed’ with a proposal to explore limited licenses for certain practice areas.

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Utah’s Major Decisions About The Paralegal Profession.

19 Saturday Dec 2015

Posted by Celia C. Elwell, RP in Limited License Legal Technician Program, Paralegals/Legal Assistants, Utah Supreme Court

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Tags

Limited Legal Licensing, National Center for State Courts, Non-Lawyers, Paralegals, Utah Supreme Court

Utah made some major decisions about the paralegal profession in 2015. In August, the Utah Supreme Court, Utah State Bar, and National Center for State Courts took a hard look at the role of non-lawyers:

Non-Lawyer Legal Assistance Roles – Efficacy, Design, and Implementation, Thomas M. Clark, Ph.D., National Center for State Courts (August 2015)

Non-Lawyer Legal Assistance Roles

In November 2015, the Utah Supreme Court’s Task Force also tackled limited legal licensing of non-lawyers:

Utah Supreme Court Task Force to Examine Limited Legal Licensing

http://www.utcourts.gov/committees/limited_legal/Supreme%20Court%20Task%20Force%20to%20Examine%20Limited%20Legal%20Licensing.pdf

You can find both here at the Utah Courts website under Publications/Court Reports:

http://www.utcourts.gov/resources/reports/

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A Way To Find Free Research Sources On The Internet.

19 Saturday Dec 2015

Posted by Celia C. Elwell, RP in Internet, Research, SSRN

≈ Comments Off on A Way To Find Free Research Sources On The Internet.

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Gijs Van Dijck, Internet, Legal Research, SSRN, Tilburg University

How to Conduct Legal Academic Research When Relying on Internet Sources? By Gijs Van Dijck, Tilburg University – Faculty of Law, Social Science Research Network (SSRN)(with hat tip to William P. Statsky!)

If you do any kind of research, legal or otherwise, you must read this paper. I admit that I am cheap – I do not like to pay for legal research resources. Although there are many really good legal research sources that are fee-based, there is a wealth of information out there – and it’s all free. -CCE

perma.cc/YBK7-DMHY

Abstract:  Many legal researchers in this world lack access to books and to subscription-based journals. With more and more information disclosed online and with open-access policies becoming increasingly popular and more common, information is becoming more accessible. The potential impact of this development is enormous in areas or jurisdictions where offline information is scarce and where access to subscription-based journals or books is limited or non-existing. This paper discusses how to identify and select relevant publications when relying on Internet sources. The strategies, databases, and selection tools reported in this paper help researchers, particularly novices, who rely on the Internet to find relevant sources in an effective way when producing legal academic information.

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The Origin of the Bluebook – Let’s Get The Record Straight.

13 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Citations, Legal Writing, The Bluebook

≈ Comments Off on The Origin of the Bluebook – Let’s Get The Record Straight.

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Fred R. Shapiro, Julie Graves Krishnaswami, Legal Bibliography, Legal Citations, SSRN, The Bluebook

Where Did The Bluebook Originate?, by Joe Hodnicki, Law Librarians Blog

http://llb2.com/2015/12/11/where-did-the-bluebook-originate/

Ask most legal professionals where the Bluebook originated and they will likely say ‘Harvard Law School.’ In The Secret History of the Bluebook (Minnesota Law Review, Vol. 100, No. 4, 2016 Forthcoming) [SSRN], Fred R. Shapiro (Yale) and Julie Graves Krishnaswami (Yale) beg to differ. . . .

Following Yale’s lead in what we would call today, the uniform citation movement, Harvard Law School produced its own guide for the Harvard Law Review editorial staff in 1922, ‘Instructions for Editorial Work.’ Many have pointed to the Harvard document as being the precursor to the first edition of the Bluebook which was published in 1926.

*     *     *

This time around, Shapiro and Krishnaswami set the record straight about where and how this work began. Highly recommended for Bluebookologists and anyone else interested in the adoption and use of standardized citation practices and advances in legal bibliography.

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How to Use Word’s Styles to Create A Brief’s Table of Contents.

13 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Brief Writing, Legal Writing, Table of Authorities

≈ Comments Off on How to Use Word’s Styles to Create A Brief’s Table of Contents.

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Attorney at Work Blog, Microsoft Word, Table of Contents, Vivian Manning

Word Styles: Automating a Table of Contents, by Vivian Manning, Attorney at Work Blog

http://www.attorneyatwork.com/word-styles-automating-table-of-contents/

In her latest ‘Power User’ series, Vivian Manning has been showing how to use Microsoft Word Styles to produce documents much more efficiently. In her last column, she showed how Heading Styles can be used to structure and even reorganize documents. This time, she shows how to use Heading Styles to automate your tables of contents. No more retyping page numbers!

Continue reading →

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Zimmerman’s Research Guide Will Soon Be No More.

13 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Research

≈ Comments Off on Zimmerman’s Research Guide Will Soon Be No More.

Tags

Legal Research, Zimmerman's Research Guide

RIP Zimmerman’s Research Guide, 1999-2015, by Joe Hodnicki and
Mark Giangrande, Law Librarians Blog
http://llb2.com/2015/12/11/rip-zimmermans-research-guide-1999-2015/

Andy Zimmerman, the author of Zimmerman’s Research Guide, is retiring. His Research Guide will go offline after December 1, 2015. When I first found Mr. Zimmerman’s Research Guide, he was at LLRX.com. For the last sixteen years, this resource has been hosted by Lexis Nexis. I am sad to see it go. -CCE

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Non-Ethical Billing – Busted!

02 Wednesday Dec 2015

Posted by Celia C. Elwell, RP in Arbitration, Attorney Fees and Costs, Billing, Legal Ethics

≈ Comments Off on Non-Ethical Billing – Busted!

Tags

Arbitration, Copy Cat Affidavits, Double Billing, Legal Ethics

Lawyer Ordered to Pay Back $633,000 in Fees, by Thomas J. Crane, San Antonio Employment Law Blog

 http://bit.ly/1jzMPn2

The right to confront one’s accusers in trial is a fundamental principle of our judicial system. Or, is it? One lawyer learned that confronting one’s accusers is not so fundamental, after all.

Ernesto Martinez, Jr. was accused of double billing. That is, he was accused of billing two different sets of clients for the same 17.5 hours of work in one day. So, he was in effect boiling for 35 hours of work in one normal 24 hour day. At least according to Wikipedia, there are only 24 hours in an average day. . . .

Continue reading →

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