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~ Articles and Research for Legal Professionals

The Researching Paralegal

Monthly Archives: March 2016

The Oklahoma Supreme Court Sanctions Attorney for Computer Illiteracy.

31 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Attorney Discipline, Bankruptcy Court Rules, Bankruptcy Law, Diligence, Legal Ethics, Oklahoma Supreme Court, Sanctions, Technology

≈ Comments Off on The Oklahoma Supreme Court Sanctions Attorney for Computer Illiteracy.

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Attorney Discipline, Bankruptcy Court, Computer LIteracy, Legal Profession Blog, Mike Frisch, Oklahoma, William P. Statsky

Oklahoma Accepts Computer Illiteracy As Mitigation: Censure Imposed, by Mike Frisch, Legal Profession Blog (with hat tip to William P. Statsky!)

http://bit.ly/1MFG9S8

No doubt you have seen posts here and elsewhere that discuss whether computer competency is now required due diligence for attorneys. The Oklahoma Supreme Court bench-slammed an older attorney for his lack of computer literacy. But, before you make up your mind, read the dissent. -CCE

 

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“Oklahoma Tax Help” – The Tax Expert You Want When It Goes From the Frying Pan Into the Fire.

31 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Innocent Spouse, Internal Revenue Service, Offer In Compromise, Probate, Probate and Trusts, Real Estate and Property Law, Tax Law, Tax Resolution

≈ Comments Off on “Oklahoma Tax Help” – The Tax Expert You Want When It Goes From the Frying Pan Into the Fire.

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Dale B. Cazes, IRS, Oklahoma Tax Commission, Shawn J. Roberts, Tax Resolution, Taxes

Oklahoma Tax Help, Shawn J. Roberts Blog

http://www.shawnjroberts.com/are-you-ready-for-a-new-kind-of-tax-problem-help-oklahoma-tax-help-is-here/

Shawn J. Roberts and Dale B. Cazes are co-founders of Cazes Roberts, PLLC, in Oklahoma City. Resolving really sticky tax problems is one of their specialties. How do I know? I work there.

There are many reasons why people find themselves in a horrible tax dilemma. Maybe a husband or wife fails to pay the couple’s taxes, and keeps the spouse in the dark. A self-employed worker repeatedly fails to pay self-employment taxes, and finds that the IRS penalties and interest have made his tax debt astronomical.  

What if dad dies suddenly, and his surviving children find out that dad had not paid personal or business taxes for years? There is a big, fat tax lien on the property and the father’s estate. Suddenly, the surviving family is left wondering whether the tax debt will eat up their inheritance.  

Sometimes, running afoul with the IRS or the Oklahoma Tax Commission is not in your control. Regardless, if you are in this stressful situation, you can become desperate looking for someone who says he or she can help. Look hard before you leap. -CCE

Oklahoma Tax Help fights for individuals and companies to get relief from IRS or Oklahoma Tax Commission (“OTC”) tax problems. The IRS is the most powerful collection agency in the world and when it focuses its resources on an individual or company, the pressure is excruciating (so too with the OTC).  For example, an individual’s state-issued professional license (e.g., doctor, nurse, attorney, engineer or anyone else who has a state-issued license) or a company’s sales tax permit, can be suspended for failure to pay taxes.

    *     *     *

Oklahoma Tax Help was spawned by hearing from people who responded to the onslaught of television and radio advertising from tax resolution firms offering tax debt help, who found out those resolution firms charge astronomical rates and demand the entire cost up front. [P]eople found out those firms often take your case and take your money without getting enough information to determine whether they can realistically help you.

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Casemaker and Fastcase – Why Can’t We All Get Along?

29 Tuesday Mar 2016

Posted by Celia C. Elwell, RP in Casemaker, FastCase, Research

≈ Comments Off on Casemaker and Fastcase – Why Can’t We All Get Along?

Tags

Casemaker, Fastcase, Law Sites Blog, Legal Research, Robert Ambrogi

Casemaker Says It Won’t Fight Fastcase Lawsuit Over Georgia Law, by Robert Ambrogi, Law Sites Blog

http://bit.ly/1SvAAF3

Legal publisher Casemaker will not fight the lawsuit filed against it by Fastcase over copyright in Georgia law, its CEO David Harriman told me today. The company agrees that state law should not be subject to copyright and will not file an answer to Fastcase’s complaint, he said. That means that the court could enter a default judgment in Fastcase’s favor. . . .

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Bluebook Wars!

27 Sunday Mar 2016

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

≈ Comments Off on Bluebook Wars!

Tags

Barco 2.0: Law Library Reference, Bluebook, Carl Malamud, Harvard Law School, Legal Citations, Public Resource

 

Bluebook War(s), Barco 2.0 : Law Library Reference,  from the Librarians of the Barco Law Library, University of Pittsburgh School of Law (with hat tip to William P. Statsky!)

http://bit.ly/1UwiLtp

The Bluebook, for most legal professionals, is the legal citation Bible. It is required by law schools, law libraries, and multiple state and federal courts as the required guide to legal citation. It has come under attack for its frequent revisions that contain minor changes to citation form.

Since 2009, it has also been under attack for other reasons – those who want to take it away from its current publishers and put it in the public domain. Carl Malamud of Public Resource leads the charge. -CCE

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Texas’ Voter ID Law – Challenged Again.

27 Sunday Mar 2016

Posted by Celia C. Elwell, RP in Civil Rights, Constitutional Law, Racial Discrimination

≈ Comments Off on Texas’ Voter ID Law – Challenged Again.

Tags

Lyle Denniston, SCOTUSblog, Texas, U.S. Supreme Court, Voter ID

New Challenge To Texas Voter ID Law, by Lyle Denniston, SCOTUSblog

http://bit.ly/1WSr93M

The long-running controversy over a Texas voter ID requirement — a dispute that once kept Justice Ruth Bader Ginsburg up all night writing a dissent — returned to the Supreme Court on Friday as challengers sought again to stop the law’s enforcement.  The application (Veasey v. Abbott, 15A999) can be found here; it argued that the law is the strictest in the nation in its demands for identification before a voter may cast a ballot. . . .

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Want The Jury to Pay Attention? Use Good Storytelling Skills.

17 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Employment Law, Jury Persuasion, Litigation, Race Discrimination, Trial Tips and Techniques

≈ Comments Off on Want The Jury to Pay Attention? Use Good Storytelling Skills.

Tags

John Hyman, Jury Persuasion, Ohio Employer’s Law Blog, Storytelling

25 Million Reasons To Tell A Good Story, by John Hyman, Ohio Employer’s Law Blog

http://www.ohioemployerlawblog.com/2012/06/25-million-reasons-to-tell-good-story.html

Trying an employment case to a jury is an art. You are limited by a jury’s attention span (which, by the way, is getting worse as a result of 1,000 channel cable systems and 140 character tweets) to convey your message as quickly and as simply as possible. Complex legal arguments are out; creative storytelling built around a unified theme is in. . . .

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Need An Excel Formula Cheat Sheet? Here You Go!

17 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Excel, Legal Technology

≈ Comments Off on Need An Excel Formula Cheat Sheet? Here You Go!

Tags

Excel, Excel Formulas, PC World

Your Excel Formulas Cheat Sheet: 15 Tips For Calculations And Common Tasks, by J.D. Sartain, PC World

http://bit.ly/1R7v5d7

Many of us fell in love with Excel as we delved into its deep and sophisticated formula features. Because there are multiple ways to get results, you can decide which method works best for you. . . .

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Free Research Guides from PACE Law School Library.

17 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Administrative Law, Corporate Law, Criminal Law, Elder Law, Environment Law, Immigration Law, Intellectual Property, International Law, Law Libraries, Legal Ethics, Research, Trial Tips and Techniques

≈ Comments Off on Free Research Guides from PACE Law School Library.

Tags

Legal Research Guides, Pace Law School Library

Research Guides, Pace Law School Library

http://libraryguides.law.pace.edu/index.php

Administrative Law, Bar Exam, Copyright and IP Law, Corporate, Business & Securities Law, Criminal Law and Procedure, Environmental and Energy Law, Health and Elder Law, Immigration Law, International and Foreign Law, Land Use Law, and more. Definitely worth a look. -CCE

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Evernote Users, Take Note – OneNote, That Is.

15 Tuesday Mar 2016

Posted by Celia C. Elwell, RP in Evernote, Legal Technology, OneNote

≈ Comments Off on Evernote Users, Take Note – OneNote, That Is.

Tags

Angela Moscaritolo, Evernote, OneNote, PC World

Microsoft Goes After Evernote With OneNote Transfer Tool, by Angela Moscaritolo, PC World

http://www.pcmag.com/article2/0,2817,2500700,00.asp

Redmond [Microsoft] just fired the first battle shot, releasing a tool that lets you easily transfer all your to-dos from Evernote to its own OneNote service. . . .

While both services are available across platforms, OneNote offers additional benefits like free offline access to notes on mobile, unlimited monthly uploads, and the ability to “write anywhere on the page with free-form canvas,” Microsoft said. . . .

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Brief Writing – The Summary of the Argument.

13 Sunday Mar 2016

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Legal Analysis, Legal Argument, Legal Writing, Persuasive Writing, Summary of the Argument

≈ Comments Off on Brief Writing – The Summary of the Argument.

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Judith Fischer, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Summary of the Argument

Drafting the Summary of Argument, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://lawprofessors.typepad.com/legal_skills/2016/03/drafting-the-summary-of-argument.html

Although not all courts require a “Summary of the Argument” in major briefs, you might consider adding one nonetheless. It is the heart of your brief. It concisely sums up your argument – no fluff allowed.

Some busy judges will read your Table of Contents, Table of Authorities, the Summary of the Argument, and nothing else. It is why the Summary of the Argument is at the beginning of a brief, and why it should to get right to the point and stay there.

This is a particularly interesting article on writing by Judith Fischer, and well worth your time regardless of your brief writing skills. -CCE

[B]ecause the summary of the argument appears near the beginning of a brief, it allows the legal advocate to take advantage of both framing and priming to begin to convince the Court. Thus, it’s a mistake for an advocate to treat the section as an afterthought. . . .

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Beginner’s Guides on Researching Federal Legislative Intent.

13 Sunday Mar 2016

Posted by Celia C. Elwell, RP in Federal Law, Legislative History, Library of Congress, Research, U.S. Government

≈ Comments Off on Beginner’s Guides on Researching Federal Legislative Intent.

Tags

Barbara Bavis, In Custodia Legis, Law Librarians of Congress, Legal Research, Legislative Intent, Research Guide, Robert Brammer

Presidential Communications: A Beginner’s Guide, co-authored by Robert Brammer and Barbara Bavis, Research Guide, In Custodia Legis, Law Librarians of Congress

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

Please keep going after clicking on this link. The following posts are beginner’s guides to locating: (1) congressional documents; (2) a congressional committee print, (3) compiled federal legislative history; and (4) unpublished congressional hearing. Keep going – there is more. If you are interested in honing your research skills, learn how to research legislative intent at the state and federal level. -CCE

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A Compilation of Punctuation Guides for the Punctuation Police.

10 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Legal Writing, Punctuation, Readability, Style Manuals

≈ Comments Off on A Compilation of Punctuation Guides for the Punctuation Police.

Tags

Advanced Legal Writing & Editing, Legal Writing, Peter Martin, Punctuation, The Bluebook, The Punctuation Guide

If you are a member of the Punctuation Police, you will enjoy this sample of punctuation guides. Depending on your profession, some style guides are more important than others. For example, if you are in the legal profession, you would look to the Bluebook for specific rules on punctuation. 

Another source of multiple style guides, including rules on punctuation and grammar, can be found at http://www.RefDesk.com under http://www.refdesk.com/topgram.html and Library Spot, Grammar and Style, at http://www.libraryspot.com/grammarstyle.htm. -CCE

The Punctuation Guide
http://www.thepunctuationguide.com/style.html

Tips on Grammar, Punctuation and Style
Harvard College Writing Center
http://writingcenter.fas.harvard.edu/pages/tips-grammar-punctuation-and-style

Punctuation and Style: A Quick Reference Guide
Office of Communications, University of Puget Sound
http://pugetsound.edu/files/resources/3379_PSGuide0309.pdf

Introduction to Basic Legal Citation, by Peter Martin, Cornell University Law School, Legal Information Institute (not just for legal citations – CCE)
https://www.law.cornell.edu/citation/

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In Litigation, First Things First.

10 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Brief Writing, Discovery, Evidence, Legal Writing, Litigation, Motions

≈ Comments Off on In Litigation, First Things First.

Tags

Brief Right, Brief Writing, Evidence, Kirby Griffis, Litigation, Motions

Motions first, depositions second, by Kirby Griffis, Brief Right!

http://briefright.com/motions-first/

In my business, litigation, there is a typical order of events. A lawsuit is filed, then discovery is taken, then motions are filed and ruled upon, and then there is a trial. Litigators who haven’t thought carefully about their business may fall into the error of compartmentalizing these steps too much. Have you ever gone to write a crucial motion, only to discover that the testimony or documentary evidence that you need to put forward under the applicable law was never obtained, or came in the wrong way without being fixed?

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Plain English and the U.S. Supreme Court.

03 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Appellate Law, Legal Writing, Plain Language, Readability, United States Supreme Court

≈ Comments Off on Plain English and the U.S. Supreme Court.

Tags

Plain English, SCOTUS Blog, U.S. Supreme Court

Plain English/Language Made Simple, SCOTUSblog

http://www.scotusblog.com/category/plain-english/

This is our archive of posts in Plain English. You may also be interested in these resources:

Supreme Court Procedure
Glossary of Legal Terms
Biographies of the Justices

Continue reading →

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