26 Tuesday Jan 2016
Posted in Recent Links and Articles
≈ Comments Off on 2015 USSC Guidelines Manual and Proposed Amendments for 2016.
2015 USSC Guidelines Manual, United States Sentencing Commission
http://www.ussc.gov/guidelines-manual/amendments-guidelines-manual
These rules became effective November 1, 2015.
Find the Proposed 2016 Amendments here:http://www.ussc.gov/guidelines-manual/amendments-guidelines-manual.
26 Tuesday Jan 2016
Posted in Internet, Legal Directory, References, Research
≈ Comments Off on New Brain Candy from Sabrina I. Pacifici. Yum!
http://www.llrx.com/features/ciguide.htm
Ms. Pacifici regularly updates her Selective Resource. Here is her latest offering, published December 18, 2015. -CCE
26 Tuesday Jan 2016
Posted in Evernote, Legal Technology
≈ Comments Off on “How To” for Evernote Tags.
Tags
Organize Evernote with This Powerful Tagging System, by Herbert Lui, LifeHacker Blog
Although I knew about Evernote, I had not taken the time to use it consistently. Now that I use it more frequently, I want to become more proficient. Using Tags is only scratching the surface, but it is a good place to start. -CCE
Evernote can be a great digital mind, but—like the brain in your head—it can quickly become a mess if you don’t keep it organized. Make Evernote better by using this simple tagging system, which uses just five notebooks and sets of organized tags. . . .
26 Tuesday Jan 2016
Posted in Cybersecurity, Disaster Preparedness, Law Office Management, Legal Technology, Passwords, Technology
≈ Comments Off on Law Offices Targeted By Hackers.
The Lawyers’ Guide to Hacking Threats, by Karen Conroy, Lawyerist.com
International security authorities spent close to two years pursuing a criminal site called Darkode, where hackers could buy and sell malware meant to steal information. On the international site, which could only be accessed with a referral and a password, hackers advertised and sold their homemade software. Criminals who bought it could steal anything from Facebook follower lists to database account passwords.
* * *
Law firms are especially tempting to cyber criminals because of the value of the sensitive information stored on their networks. A majority of law firms have experienced some sort of hacking, with law firms that handle government contracts and international business being targeted most often. About 80% of the largest 100 law firms have experienced some sort of violation. . . .
17 Sunday Jan 2016
Posted in Recent Links and Articles
≈ Comments Off on Legal Alerts – An Indispensable Tool for Anyone Who Uses OSCN.
Tags
In a recent post, I talk about an update to OSCN, Oklahoma’s website to access Oklahoma appellate and district case law. I recently learned about another tool, Legal Alerts, that performs an extremely valuable service. If you subscribe to Westlaw or Lexis, you may already have this feature.
Not all firms subscribe to Lexis or Westlaw, however. The price of both can be prohibitive for some smaller and solo firms. If you practice in Oklahoma, I strongly urge you to investigate Legal Alerts.
There are various ways to use Legal Alerts. Here is an example. Have you ever had a case where opposing counsel simply “forgot” to mail you a copy of a document they filed with the court. With Legal Alert, you are notified by email every time any case within OSCN is filed in which your client has been named. You will learn of filed pleadings, orders, or other documents filed in the case before the copy has arrived in the mail.
The web site does a better job of explaining all of its components better than I can. As fair disclosure, Shawn Roberts, the co-founder of Legal Alerts, is also the managing partner of the firm where I work. Feel free to contact Shawn Roberts with your questions. -CCE
http://legalizedsoftware.com/2011/08/09/480/
Legalized Software, LLC, the creator of ‘Legal Alerts’ announces an expansion of its existing service to include ‘Name Search.’ Name Search will expand our audience beyond lawyers to include journalists and other professionals that track court cases based on particular persons or businesses. Name Search allows for our clients to track new case filings that involve a particular persons or businesses by name. Legal Alerts monitors cases on the Oklahoma State Courts Network (OSCN) and emails case updates to subscribers.
‘The capability of receiving automatic updates from the Oklahoma State Courts Network about individuals or businesses in your inbox has been a highly requested feature and a great addition to our offering’ Says Co-founder Shawn Roberts. Adding to its already formidable feature set, Legal Alerts users can now track people or businesses by name. Simply enter a name and receive an email update when a new case is filed with that person or business. Read more about Name Search at http://legalizedsoftware.com.
Legal Alerts is a monthly subscription service with plans to fit the needs of any size law practice with plans starting at $10.00 a month. The Name Search feature is available immediately for current Legal Alerts subscribers at no additional charge. . . .
17 Sunday Jan 2016
Posted in Depositions, Discovery, Trial Tips and Techniques, Witness Preparation, Witnesses
≈ Comments Off on Witness Preparation for Depositions. How to Say Enough But Not Too Much.
Witness, Don’t Teach” (in Deposition), by Dr. Ken Broda-Bahm, Persuasive Litigator™
One common piece of advice given to fact witnesses during deposition preparation meetings is that it isn’t their role to instruct opposing counsel on everything they ought to know: ‘Witness, Don’t Teach.’ . . .
Earlier this week, I was working with an anesthesiologist who simply could not deaden his impulse to take each question as an invitation to explain, expand, and expound. Applying our advice to ‘just answer the question and stop’ proved difficult once he got into the expository groove of his typical conversation style with colleagues, patients, and family members. That habit is one worth breaking, even if it takes some extra work and focus. . . . To aid in the continuing effort to convince witnesses to take off their teacher’s hats during the deposition, this post shares five reasons why that’s a good idea. . . .
17 Sunday Jan 2016
Posted in Discovery, Federal Rules of Discovery, Interrogatories, Relevance, Requests for Admissions, Requests for Production, Sanctions
≈ Comments Off on Wise Advice on Drafting Definitions and Instructions in Discovery.
Tags
Definitions and Objections, Discovery, Prof. Denis Stearns, Sanctions, Seattle University School of Law
Drafting & Using Effective Definitions for Interrogatories (And Other Ways To Make It Much Less Defensible To Object), by Prof. Denis Stearns, Seattle University School of Law, Of Counsel, Marler Clark, LLP, PS
Probably one of the best and most logical explanations on how and when to include Instructions or Definitions in your discovery requests and how to deal with boilerplate objections. Good advice and tips for even the most experienced litigator. -CCE
17 Sunday Jan 2016
Posted in Law Office Management, Management, Marketing
≈ Comments Off on Less Stress and More Clients? What’s Not To Like?
Tags
Jim Calloway, Jim Calloway's Law Practice Tips Blog, Law Office Management, Law Office Marketing
Toward a Less Stressful Workplace (and More Clients), by Jim Calloway, Jim Calloway’s Law Practice Tips Blog
http://www.lawpracticetipsblog.com/2016/01/a-less-stressful-workplace.html
Toward a Less Stressful Workplace is my column in the January/February 2015 issue of Law Practice Magazine. Law offices often deal with very high stakes matters under strict time deadlines. It is not news to those in the legal profession that there is a lot of stress associated with being a lawyer. So there may be nothing earth-shattering for you in these tips. But it is the beginning of a new year and aiming for less stress in your life and the lives of your coworkers has to be a good thing. So read and feel free to share. . . .
17 Sunday Jan 2016
Posted in 9th Circuit Court of Appeals, Appellate Law, Class Actions
≈ Comments Off on 9th Circuit Overturns Sealed Order Hiding Chrysler Defect – Not Something You See Every Day.
Tags
9th Circuit Court of Appeals, Class Actions, Jennifer Bennett, Public Justice Blog, Sealed Court Records
Same Story, New Ending: Court Overturns Order Sealing Chrysler Defect, by Jennifer Bennett, Public Justice Blog
It’s the same story, over and over again: Corporation conceals deadly defect. Someone dies, and their family sues. Corporation settles quietly. Court records are sealed. Nobody finds out. More people are hurt; more people sue; more settlements are reached; more records are sealed. Lather, rinse, repeat.
This is how GM was able to hide an ignition switch defect that killed over a hundred people for more than a decade. It’s how Remington concealed evidence that its most popular rifle can fire without anyone pulling the trigger. . . .
16 Saturday Jan 2016
Posted in Attorney Discipline, Benchslap, Depositions, Discovery, Judges, Legal Ethics, Professional Civility, Rules of Professional Responsibility
≈ Comments Off on Gender Discrimination During Deposition Earns Judge’s Benchslap.
Lawyer Receives Stern Benchslap And Amazing Sanction For Sexist Deposition Comment, by Staci Zaretsky, Above The Law Blog
As we’ve thoroughly documented in these pages, women who practice law are often subjected to demeaning and degrading comments from their male colleagues, for no other reason than because they’re women. One federal judge had finally had enough of this type of disrespectful behavior, so he took a lawyer to task for making a sexist remark during a deposition. . . .
14 Thursday Jan 2016
Posted in Appellate Law, United States Supreme Court
≈ Comments Off on So What’s Going To Happen to Puerto Rico?
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Argument Analysis: Puerto Rico — Special No More?, by Lyle Denniston, SCOTUS Blog
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13 Wednesday Jan 2016
Posted in Oklahoma Civil Appellate Procedure, Oklahoma Court of Criminal Appeals, Oklahoma Supreme Court
≈ Comments Off on OSCN Adds Nine More Oklahoma Counties.
OSCN Kicks off the New Year with Nine more District Courts added to its Case Search, OSCN (Oklahoma Supreme Court Network)
OSCN has been around a while. Oklahoma actually has two websites and, between the two, you can access every county in the state. The second website, ODCR, is useful, but not as sophisticated as OSCN. Both websites allow you to look up cases by county, name, or case number. OSCN allows free access to the hyperlinks that give you access to filed documents. ODCR charges a monthly fee for that access.
The larger counties are found on OSCN. With some exceptions, you can access everything that has been filed in the case in a relatively short time after it was filed. ODCR can be a bit slower to post filed documents.
Happily nine more county district courts have moved to OSCN, which is discussed more fully in this post. OSCN provides more than a method to access a court case’s docket and the documents filed in the case. It is also a great resource for Oklahoma case law, statutes, Attorney General opinions, and more. A very handy tool. -CCE
On January 7, 2016, the Oklahoma Supreme Court added nine additional district courts to its online case search. With this addition, visitors to the OSCN website now have the capability to search public records in 34 district courts and in the Appellate Court. This free service provides the public a convenient way to search for court records by case number, name, date of birth, and other identifiers. Search results are fast, and case information is available almost immediately after being processed by the court clerk’s office. In addition to online case information, site visitors may view court-related documents online; however, documents availability will vary by district court. . . .
06 Wednesday Jan 2016
Posted in Evernote, Law Office Management, Legal Technology, Note Taking, Office Procedures, Technology
≈ Comments Off on More Ways To Use The Versatility of Evernote.
How Lawyers Use Evernote, by Tim Baran, Legal Productivity®
http://www.legalproductivity.com/practice-management/evernote-lawyers/
Evernote has so much potential. I have barely scratched the surface. This is a tool I definitely want to use and know more about. -CCE
Evernote is more than a note-taking application. We use it to store ideas, recordings, projects, tasks, images…The list is as comprehensive as we want it to be. Evernote allows us to offload our brain and organize our lives.
And how do lawyers use Evernote? I asked a few Evernote-loving lawyers. Here are their stories.
05 Tuesday Jan 2016
Posted in Employment Law
≈ Comments Off on Employer’s Motion for Preliminary Injunction is Denied in Non-Compete Agreement Case.
Tags
Employment Law, Injunctive Relief, Jason Shinn, Michigan Employment Law Advisor Blog, Non-Compete Agreements
Dissecting an Injunction Hearing for Enforcing a Non-Compete Agreement, by Jason Shinn, Michigan Employment Law Advisor
In non-compete lawsuits, whether a preliminary injunction should be issued is a critical battle that in large part determines the direction of the lawsuit. For this reason, a recent decision denying a former employer’s motion for injunctive relief in a non-compete enforcement action provides critical insight for companies and individuals. . . .
05 Tuesday Jan 2016
Posted in Government, Litigation, Product Liability
≈ Comments Off on FDA Finally Issues Stronger Requirements for Transvaginal Mesh.
The FDA Is Doing Too Little, Too Late About Transvaginal Mesh, by Max Kennerly, Esq., Litigation and Law Blog
I’ve written about transvaginal mesh so many times I feel like a broken record. But it’s still an issue affecting tens of thousands of families and will continue to be an issue as long as that infernal implant keeps being sold and the manufacturers keep refusing to do right by the families that have already been hurt by them. . . .
02 Saturday Jan 2016
Posted in Collection, Garnishment, Post Judgment Collection
≈ Comments Off on “How To” On Post-Judgment Collection.
Collecting An Oklahoma Judgment –> Visualized, by Shawn J. Roberts Blog
http://www.shawnjroberts.com/how-is-a-judgment-collected/
So you win the case and are awarded damages, attorney fees, and costs – yeah! So when do you get your check? No one appeals, so you think the case is over, right? Wrong.
You have a judgment against the other side but, for whatever reason, they won’t pay. It’s time to execute that judgment, but what do you do? This is how you do it in Oklahoma – in graphics. -CCE
Have you ever wondered how an Oklahoma court judgment is turned into cash?
Good question. As most people know, the judgment is only one step in the collection process. Rarely does a person owing a judgment simply right a check to pay it off.
This is where the collection process kicks in. . . .
02 Saturday Jan 2016
Posted in Android Phones, Cell Phones, Cybersecurity, Legal Technology, Passwords, Windows 10
≈ Comments Off on 2016 Tech Resolutions.
7 Technology Resolutions for a Better 2016, by Ian Paul, PC World
You may be ahead of the tech curve – maybe not. My bet is that you already have a smart phone and you probably have an iPad or some type of tablet reader. What about the rest of the things on this list? You have not want more than the tech you already have, but here’s some food for thought that scrapes the top of the tech iceberg. -CCE
02 Saturday Jan 2016
Posted in Bad Legal Writing, Editing, Legal Writing, Readability
≈ Comments Off on Are You Guilty of Using Any of These Overly Used Words?
Tags
Blossom Blog, Editing, Good Writing Habits, Laurie Pawlik-Kienlen, Legal Writing, Overly Used Words
51 Over-Used Adverbs, Nouns, and Clichés in Writing, by Laurie Pawlik-Kienlen, Blossom Blog
http://theadventurouswriter.com/blogwriting/51-over-used-adverbs-nouns-and-cliches-in-writing/
This post is like preaching to the choir. I found several words that I often use on this list. Time for a New Year’s Resolution! Remove these words from our writing and vocabulary. -CCE
Do you want your writing to get noticed – in a good way? Ditch these over-used adverbs, nouns, and cliches when writing articles, stories, and books.
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I promised a reader in the comments section of 5 Over-Used Words and Phrases for Writers to Avoid that I’d write this post . . . and here it finally is . . . better late than never. What’s that you say? The cliché ‘better late than never’ is over-used and boring, and belongs on my “over-used words and phrases in writing” list? If you caught that, you get a gold star! (jeez, there I go again with the tired clichés).
Ditch these boring words and phrases! Stop using amorphous adverbs and namby-pamby nouns! Delete crummy clichés!
And, here are 51 over-used words and phrases in writing – which I hope helps you become a more successful, confident writer. Compiling this list has certainly opened my eyes to my own weak writing habits…
01 Friday Jan 2016
Posted in Internal Revenue Service, Offer In Compromise, Tax Law
≈ Comments Off on The IRS’ Offer-In-Compromise Program.
The Truth About the IRS Offer in Compromise Program, by Dale Cazes, The Law In Plain English by Dale B. Cazes Blog
If the IRS swoops down, my knee-jerk reaction would be to beg mercy and hope to resolve it quickly. However, the IRS’ approach is likely to be that it has the upper hand, and will act like it. Your best bet is to have a knowledgeable advocate in your corner. -CCE
If you are experiencing IRS tax troubles, be wary about the companies you see on television and radio claiming that they can settle your tax debts owed to the IRS for ‘pennies on the dollar.’ The settlement program these companies are speaking about is known as an Offer in Compromise (OIC), and despite what these companies say, the reality is that the IRS rejects more OICs than it accepts. . . .
01 Friday Jan 2016
Posted in Diligence, Discovery, E-Discovery, Federal Judges, Interrogatories, Judges, Legal Ethics, Requests for Admissions, Requests for Production, Rules of Professional Responsibility
≈ Comments Off on Chief Justice Urges Judges To Impose More Management Over Their Cases.
Chief Justice Wants Less Gamesmanship By Lawyers, by Lyle Denniston, SCOTUSblog
Justice Roberts’ words apply to state courts as well. Ignoring client’s cases, unnecessary and burdensome discovery disputes, and repeated continuances do nothing to endear the legal profession to their clients or the public. -CCE
Speaking in soft but plain words, Chief Justice John G. Roberts, Jr., used his year-end report on Thursday night to urge lawyers who practice in federal courts to take steps to help improve the efficiency, and reduce the cost, of trying cases. Roberts also added some strong encouragement for judges who preside over federal civil trials to take greater control of the management of cases, rather than leaving the process to the tactics of the competing lawyers. . . .
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