Monthly Archives: July 2016

How to Get Clients to Pay On Time Every Time.

31 Sunday Jul 2016

Posted by in Billing, Economics, Law Office Management

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15 Legal Billing Practices: The Good and the Bad, by Tim Baran, Legal Productivity Blog

http://bit.ly/2arSXdu

Bad legal billing practices have plagued law firm operations and, in turn, law firm growth for decades. Entering time, collecting time sheets, and assembling bills can steal inordinate amounts of otherwise productive time, even from the most ambitious lawyers. Clients routinely wait months to be billed after the relevant work was performed, and that results in client complaints and cash flow problems for the firm. Each of those factors does its part in handcuffing the firm’s opportunity for growth.

We examine 15 legal practices – the good and the bad – in the Better Billing Practices E-Book. Here’s a nugget from each of the chapters.

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Bad Brief!

28 Thursday Jul 2016

Posted by in Bad Legal Writing, Brief Writing, Judges, Legal Analysis, Legal Argument, Legal Writing, Persuasive Writing, Readability

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Effective Brief Writing Despite High Volume Practice: Ten Misconceptions that Result in Bad Briefs, by Sarah E. Ricks, Rutgers School of Law – Camden, and Jane L. Istvan, City of Philadelphia Law Department, 38 U. Tol. L. Rev. 1113, SSRN

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=996907

Excellent paper on the repeated mistakes judges and their staff see in briefs.

In a busy law practice, we may not always have the luxury of researching and editing as thoroughly as we may like when writing a brief. We are so familiar with our case that we often forget the perspective of our reader. Imagine sitting all day in trial immersed in one area of law, and then switching gears afterwards to read and absorb a brief in a completely different type of law.

This paper reminds us how to write persuasively for the court, even when under pressure to meet deadlines. -CCE

What Skills Make a Great Trial Lawyer?

26 Tuesday Jul 2016

Posted by in Jury Persuasion, Trial Lawyers, Trial Tips and Techniques

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Lessons from One of America’s Greatest Trial Lawyers – Earl Rogers, by Paul Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/lessons-from-one-of-americas-greatest-trial-lawyers-earl-rogers

Earl Rogers was a famous attorney who died in 1922. He defended 77 murder cases and lost only three.  He was one of the greatest trial lawyers in American history. The long running TV series, Perry Mason, was based upon Earl Rogers life. His daughter Della Rogers St. John’s wrote a descriptive book of his trial skills in Final Verdict which is not only enjoyable reading, but educational as well.

We think about Clarence Darrow as a great trial lawyer, but when Darrow was charged with jury bribery in Los Angeles, it was Rogers he selected to be his defense attorney.

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The Quintessential Contract Drafting Checklist.

23 Saturday Jul 2016

Posted by in Contract Law, Legal Analysis, Legal Writing

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A Contract Drafting Checklist, posted by Louis J. Sirico, Jr., Director of Legal Writing, Professor of Law, Villa Nova University School of Law, Legal Skills Prof Blog (with hat tip to William P. Statsky)

http://lawprofessors.typepad.com/legal_skills/2016/07/a-contract-drafting-checklist.html

This is a gem.  It is specifically targeted for anyone interested in contract law. If contract law is not your area, I encourage you to read it anyway – and bookmark it. -CCE

Canada Revokes Paralegal’s License.

13 Wednesday Jul 2016

Posted by in Malpractice, Rules of Professional Responsibility

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Paralegal License Revoked, by Mike Frisch, Legal Profession Prof Blog (with hat tip to William P. Statsky)

http://bit.ly/29ASMw6

There has been increasing discussion in the United States about creating class of paralegal often called “legal technicians.” Some states already have them. There are arguments pro and con on both sides. The underlying idea is to find a way to provide legal services at a lower rate making legal services more affordable.

But here’s the sticker. There are rules and laws to address situations where lawyers commit malpractice. Are there similar provisions for legal technicians and, if so, what are they? How do they protect consumers, is there any kind if discipline, and who is responsible for that oversight and discipline?

Canada might be good example to help answer some of these questions. What do you think? -CCE

Unlike its American counterparts, the Law Society of Upper Canada has and exercises disciplinary authority over paralegals,

The Law Society Tribunal revoked a paralegal’s license.

‘[M]r. Djukic’s actions clearly brought discredit upon the paralegal profession. Through his work as an immigration consultant and his standing as a paralegal, Mr. Djukic was able to meet and, ultimately, to persuade members of two families to provide him with monies totaling more than $900,000.’

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Why Creating A Timeline Will Help Your Case.

04 Monday Jul 2016

Posted by in Legal Technology, Litigation, Timelines, Trial Tips and Techniques

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How to Create a Timeline For Your Case: First Steps to Take and Choices to Make, by Morgan Smith, Cogent Legal Blog

http://cogentlegal.com/blog/2011/08/how-to-create-a-timeline-for-your-case/

In litigation, almost every case will benefit from a timeline that lays out key facts and circumstances in a chronological order. The process of making a timeline can help you, the attorney, organize and strengthen your argument, and the end result is a clear and compelling visual presentation that will help all parties involved better understand your case.

But, which program should you use to create it? This is one question where there is simply no single best answer, and a lot depends on the forum you intend to use the timeline in. This post covers some benefits and drawbacks to different timeline tools and formats so you can determine which to use. To see a variety of timeline samples, please our timeline and portfolio sections of our website.

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