Monthly Archives: November 2016

Picking A Jury? Read This First.

29 Tuesday Nov 2016

Posted by in Juror Questionnaires, Jury Persuasion, Jury Selection, Trial Tips and Techniques, Voir Dire

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Get Better Answers: Top 7 Posts on Supplemental Juror Questionnaires, by Dr. Ken Broda-Brahm, Persuasive Litigator

 http://bit.ly/2gHoIDn

Well, here’s a treat. Seven posts all in one on jury selection and jury questionnaires. How do you find the right jurors to hear and decide your case? Some people have a natural tendency to tell you whatever you want to hear. They are just trying to be helpful. Some potential jurors simply don’t want to be there, and hope to be dismissed.

You have little time to sort this out. It is time to become an expert in human psychology. –CCE

If I had to pick one trial reform that has the best chance of promoting reliable information in voir dire and in decreasing reliance on demographic biases, it would be the greater use of supplemental juror questionnaires. A well-designed questionnaire allows you to uncover the attitudes that are most relevant to bias in a given case context. Here are seven posts laying out the reasons why.

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Appellate Court Benchslaps Trial Judge – Ouch.

25 Friday Nov 2016

Posted by in Appellate Judges, Benchslap, Judges

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Appeals Panel Rips Judge Over One-Minute Decision, by Joe Patrice, Above The Law Blog

http://abovethelaw.com/2016/10/appeals-panel-rips-judge-over-one-minute-decision/

The only thing more stinging than a satisfying benchslap is the cool, crisp bite of a sly insult. The understated quip can often accomplish so much more than the breathless broadside. For example, an opinion reversing the court below that signs off with, ‘next time, we assume you’ll do your job,’ boasts more devastating heft than anything Justice Scalia served up. It’s just so cold.

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Email Spam or Have I Got A Deal For You!

25 Friday Nov 2016

Posted by in Emails, Law Office Management, Legal Technology, Technology

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The Holidays Bring More Email Threats, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://www.lawpracticetipsblog.com/2016/11/holidays-bring-email-threats.html

I may be the luckiest person in the world. I receive emails almost daily from people I do not know who want to give me money. I’ve won the lottery or I’m offered a fantastic job as a “mystery shopper.” And, boy, do I win a lot of stuff! Of course, none of this is true.

On the flip side, the tone may be more menacing. Emails from banks and credit cards saying they need me to respond to address a delinquent account or that someone has used my account. I do not have accounts with these folks.

Even with my firewall and my attempts to avoid viruses, Trojan horses, and other attacks on my computer, bogus emails and spam walk right in. I block these emails, mark them as “junk,” and they still come. I suspect many of you get the same things.

Make no mistake. You and I are targets. -CCE

Honey Pot on Appellate Brief Writing.

19 Saturday Nov 2016

Posted by in Appellate Writing, Legal Analysis, Legal Argument, Legal Writing, Readability

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The Ten Commandments of Brief Writing, by Keith Lee, Associate’s Mind Blog

http://associatesmind.com/2016/11/17/ten-commandments-brief-writing/

Do not miss this one! Keith Lee gives some excellent advice, and provides a honey pot link to Justice Maria Rivera’s “The Ten Commandments of Brief Writing.” Appellate judges pull no punches when it comes to what works and what doesn’t in appellate briefs. -CCE

What To Say and How to Say It When We All Can’t Get Along.

13 Sunday Nov 2016

Posted by in Mediation, Negotiation Skills, Settlement

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The Delicate Art of Confronting Offensive Speech, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://bit.ly/2eR3uAw

Whether you are negotiating a settlement, trying to calm a stressed-out client, or talking about the recent election season, this is good advice. -CCE

What Defenses Are Possible If Someone Wants Out of An Auto Lease Contract?

09 Wednesday Nov 2016

Posted by in Consumer Contracts, Consumer Law, Contract Defenses, Contract Law

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 Auto Leases and Contract Defenses, by Nancy Kim, ContractsProf Blog

http://nyti.ms/2eeoaqk

The New York Times ran this article today about car leases and how difficult it is to get out of them.  The article discusses one auto lessee who found that she had a medical condition that prevented her from driving.  When she tried to get out of her lease with Ford, she was told that there was no way that she could escape her obligations unless she joined the military or died.

Which brings me to contract defenses . . . .

Law Library Analytics and the 2016 Election.

07 Monday Nov 2016

Posted by in Law Libraries, Research

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LII and the Election, Legal Information Institute, Cornell University Law School

http://bit.ly/2egNJqQ

LLI has shared a sense of what has interested us during this election cycle through its analytics at its legal research website. -CCE

Given all this, you might predict that statutes related to immigration, Social Security, and other issues that generate heated discussion during election season might also appear in the list, but they don’t. Perhaps that’s because they generate heated discussion all the time. But it may be that, during the most bitter election campaign in decades, substance matters less than criminalizing the behavior of your opponent.

Hacks and Cyberware Are Becoming More Commonplace Than Ever. Do You Know How to Safeguard Your Firm And Home Computer?

06 Sunday Nov 2016

Posted by in Cybersecurity, Legal Technology

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Seven Rules to Stay Safe Online in a Scary Digital Age, by Larry Port, Legal Productivity

http://bit.ly/2eegLYd

If your nerves haven’t been rattled by the October 21st DNS attacks, they should have been. The hysterical tenor of the US election drowns everything out, but this news was a real doozy. Many sites, including Twitter, Spotify, and AirBnB were inaccessible due to one of the largest denial of service attack ever.

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So given the state of a possible escalating cyberwar, how is an attorney to stay safe? Start by making sure you understand and live by these basic security rules . . . .

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