Monthly Archives: September 2016

How to Persuade the Jury to Blame One Party Over The Other.

25 Sunday Sep 2016

Posted by in Jury Persuasion, Opening Argument, Plaintiff's Counsel, Storytelling, Trial Tips and Techniques

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Plaintiffs Should Always Start By Attacking The Defendant, by Paul Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/plaintiffs-should-always-start-by-attacking-the-defendant

[I]n the 1990’s, trial lawyers Gregory Cusimano and David Wenner investigated the issue. They presented fact patterns to hundreds of focus groups around the country and in that process they observed a consistent pattern: when they began their opening statement by talking about the plaintiff, jurors would blame the plaintiff for what happened. But, if they started with the defendant’s conduct, jurors blamed the defendant and placed much less blame on the plaintiff.

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Is A Non-Lawyer A Professional?

23 Friday Sep 2016

Posted by in Law Office Management, Management, Paralegals/Legal Assistants

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It’s Time to Kill the “Non-Lawyers” by Matt Hoffman, the [non]billable hour blog

http://bit.ly/2cpZOJk

[L]aw firms are professional services businesses and it’s time to acknowledge the large group of diversely talented people who make them run — people who don’t deserve to be labeled ‘non’-anything.

Instead, let’s call them what they really are: Professionals.

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An Update on the New DOL Overtime Rule.

21 Wednesday Sep 2016

Posted by in Employment Law, Exempt Employees, Law Office Management, Lawyer Supervision, Non-Exempt Employees, Paralegals/Legal Assistants

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Michigan Joins Quest to Block New Overtime Rule, by Jason Shinn, Michigan Employment Law Advisor Blog

http://bit.ly/2d5Bpto

The new overtime rule proposed by the Department of Labor is definitely one to watch. Its impact on employee and employer alike is significant.

How will it impact paralegals? As a profession, we began as exempt professionals, and not eligible for overtime. The Department of Labor eventually determined that paralegals were non-exempt because we work under the direct supervision of lawyers, and do not make independent decisions. Personally, I prefer being considered as an exempt professional, but not all paralegals share my opinion.

 A more detailed explanation of the history of the Department of Labor and the paralegal professional can be found here: https://www.paralegals.org/i4a/pages/index.cfm?pageid=3304. -CCE

On September 20, 2016, Michigan joined 20 other states in filing a lawsuit against the U.S. Department of Labor (DOL) to block a new overtime rule that goes into effect on December 1, 2016. Here is a link to the complaint Nevada v. Labor Dept., (9/20/16).

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DOL’s Rule Expands Eligibility for Overtime Pay

The DOL’s overtime rule would more than double the salary threshold, up to about $47,500, under which workers are automatically entitled to overtime pay. This rule focuses on shrinking what is referred to as the ‘white collar exemption,’ which exempts employees who perform ‘executive, administrative or professional’ duties from overtime and minimum wage requirements.

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The Em-Dash.

20 Tuesday Sep 2016

Posted by in Legal Writing, Punctuation

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When to Use—and Not Use—an Em-Dash, by Chris Lele, read by Mignon Fogarty, Grammar Girl’s QuickandDirtyTips.com™

http://bit.ly/2cGeRNi

When people think of punctuation marks, it is usually the handy comma, the imperious colon, or the overly excited exclamation mark that comes to mind. The stodgy semicolon and sinuous question mark might get thrown into the mix, but rarely—if ever—will somebody mention a punctuation mark that, while omnipresent, often goes unnoticed. This is surprising considering that this punctuation mark is highly versatile and a favorite of skilled writers. It can add a spice—or a dash, if you will—to a sentence by adding emphasis to certain words and phrases.

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Using the “Rule of Three.”

10 Saturday Sep 2016

Posted by in Closing Argument, Jury Persuasion, Legal Writing, Opening Argument, Oral Argument, Storytelling, Trial Tips and Techniques

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Remember the Rule of 3: It’s Simple, Logical, and Effective, by Dr. Ken Broda-Bahm, Persuasive Litigator™

http://bit.ly/2chpUMD

So simple, but so persuasive. It is especially useful in oral argument, which is the topic of this post from Dr. Broda-Bahm. -CCE

[W]hen litigators are looking for a way to paint a bit of style and rhetorical effectiveness into their oral arguments, openings, or closings, the rule of three ought to be one of the first items in your tool box. Focusing on — you guessed it — three reasons, this post will explain why.

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Bryan Garner Says Citations In Footnotes are Okey Dokey.

04 Sunday Sep 2016

Posted by in Brief Writing, Citations, Footnotes, Legal Writing

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Bryan Garner Says: Put Your Citations in Footnotes, by Rich Cassidy, On Lawyering Blog

http://onlawyering.com/2014/03/bryan-garner-says-put-your-citations-in-footnotes/

After posting on one judge’s opinion of against citations in footnotes, for the sake of balance, here is Bryan Garner’s opinion against putting them anywhere else but footnotes.

When it comes to writing briefs, let the court rules dictate which method you use. If a court or judge goes to the trouble to address such details, there is a reason. Ignore the court’s preference at your own risk! -CCE

[I]n the February 2014 issue of the ABA Journal, and in the corresponding ABA Journal Law News “Bryan Garner on Words” column, “Textual Citations Make Legal Writing Onerous, for Lawyers and Nonlawyers Alike,” Garner promotes a suggestion for writing briefs and memoranda.   . . . The suggestion is simple: Instead of including bibliographical material —  the numerical citation used to find a case or legal authority  — in the text of a  legal document, Garner suggests publishing this material in a footnote.

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Need to Turn Your iPad Into Second Monitor? There’s an App for That.

03 Saturday Sep 2016

Posted by in Recent Links and Articles

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This App Turns Your iPad Into a Second Monitor, by Robert Ambrogi, LawSites Blog When you start using two monitors, many of us are hooked. My favorite feature is the ability to drag documents and w…

Source: Need to Turn Your iPad Into Second Monitor? There’s an App for That.

Citations In Footnotes? The Debate Rages On.

03 Saturday Sep 2016

Posted by in Benchslap, Citations, Footnotes, Judges, Legal Writing

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Benchslap Of The Day: Don’t You Dare Put Citations In The Footnotes, by David aw LobLat, Above The Law Blog

http://abovethelaw.com/2016/08/benchslap-of-the-day-dont-you-dare-put-citations-in-the-footnotes/

In case you’ve missed it, there is controversy in the legal writing world about whether citations belong in the text or in the footnotes. People in both camps feel strongly about this. These people do not see a lot of gray. You are either doing it right or you’re not. I suspect this Judge has similar inclinations. -CCE

Nobody puts baby in the corner. And nobody puts citations in the footnotes — at least not in this federal judge’s court.

Via the Twitter feed of Ross Guberman, a leading expert on legal writing, comes this benchslap from Judge James K. Bredar (D. Md.) . . . .

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