• Home
  • About Me
  • Disclaimer

The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Monthly Archives: February 2017

Do You Use the Cloud for Document Storage or Production? Read This First.

28 Tuesday Feb 2017

Posted by Celia C. Elwell, RP in Attorney Work Product, Attorney-Client Privilege, Clouds, Confidentiality, Discovery, Dropbox, Emails, Encryption, Evidence, Insurance Defense, Legal Ethics, Legal Technology, Litigation, Passwords, Privilege and Confidentiality, Requests for Production, Sanctions, Subpoena Duces Tecum

≈ Comments Off on Do You Use the Cloud for Document Storage or Production? Read This First.

Tags

ABA Journal, Attorney-Client Privilege, Cloud Storage, Confidentiality, Debra Cassens Weiss, Discovery, File Sharing, Legal Ethics, Work Product Doctrine

Upload To File-Sharing Site Was Like Leaving Legal File On A Bench, Judge Says; Privilege Is Waived, by Debra Cassens Weiss, ABA Journal©

http://bit.ly/2mxwEcF

Many use the cloud for file storage and sharing when attachments are too big to send by email. If you use the cloud for storage, file-sharing or transfer, document management, project management, or anything similar, here is a cautionary tale.

The plaintiff insurance company sued the defendants, and sought a declaratory judgment on the defendants’ claim of loss by fire. The plaintiff’s investigator uploaded the entire claims file, including surveillance footage, to a drop-box cloud, Box, Inc. The link had no encryption or password. Access to the link alone allowed anyone to see the file.

He then sent the link by email to the plaintiff insurance company, who sent it to the insurance company’s attorneys, who inadvertently sent it the defendants’ counsel in response to a subpoena duces tecum.

The defendants’ counsel looked at it, but didn’t tell the plaintiff they had seen the privileged and confidential information. Inevitably, the defense sent the information back on a thumb drive to the plaintiff’s attorneys during discovery.

After vigorous arguments about confidentiality, work-product doctrine, attorney-client privilege, and disqualification of defense counsel, the facts and court’s reasoning make this an interesting read. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Excellent Advice for Witness Preparation.

26 Sunday Feb 2017

Posted by Celia C. Elwell, RP in Trial Tips and Techniques, Witness Preparation, Witnesses

≈ Comments Off on Excellent Advice for Witness Preparation.

Tags

Dr. Ken Broda-Bahm, Persuasive Litigator, Witness Preparation

Witnesses: Know Your Seven Ways Out of the ‘Yes or No’ Trap, By Dr. Ken Broda-Bahm, Persuasive Litigator

http://www.persuasivelitigator.com/2017/02/witnesses-know-your-seven-ways-out-of-the-yes-or-no-trap.html

This post caught my eye. I was trained to prepare prospective witnesses to keep their answers brief, preferably to “yes” or “no.” If further explanation was needed or wanted, my lead attorney would ask appropriate questions during direct or cross-examination.

This post takes a different – and better – approach to respond using a variety of answers, regardless of the question asked. Although there may be times when a simple “yes” or “no” answer is the right thing for the witness to say, this post provides excellent advice that is well worth your notice. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Why We Need Clear Legal Writing in Contracts.

20 Monday Feb 2017

Posted by Celia C. Elwell, RP in Bad Legal Writing, Contract Law, Legal Writing, Plain Language

≈ Comments Off on Why We Need Clear Legal Writing in Contracts.

Tags

Aird & Berlis, Contracts, Legal Writing, Plain English, Sherry Altshuler

Sesquipedalianism and an Expatiation Upon Its Antithetical Impact on Interpersonal Communications: Big Words and Why They’re Bad, by Sherry Altshuler, Aird & Berlis, LLP (with hat tip to Louis J. Sirico, Jr., Legal Skills Prof Blog)

http://www.airdberlis.com/Templates/Blog/Entry.aspx?Page=71&ID=11120

This post on using plain English does what good legal writing should. Rather than telling you that big or complicated words are a sure way to lose your reader, it shows you with a wonderful example.  I love “show, don’t tell.” It also provides an excellent list of good legal writing tips. This one is worth a bookmark. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Legal Aid Federal Practice Manual.

15 Wednesday Feb 2017

Posted by Celia C. Elwell, RP in Federal Law, Research

≈ Comments Off on Legal Aid Federal Practice Manual.

Tags

Federal Litigation, Legal Aid, Sergeant Shriver National Center on Poverty Law

Federal Practice Manual for Legal Aid Attorneys, Sergeant Shriver National Center on Poverty Law © 2016

http://federalpracticemanual.org/

Well written by qualified contributors. Please note that each section is updated, but not more recently than 2015. Anytime you use a secondary research source with dated information, research the data and law to determine whether it is current. Always check the law in your case’s jurisdiction as part of your ethical duty of due diligence, as well as all relevant court rules. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

An Easier Way to Research The Code of Federal Regulations.

14 Tuesday Feb 2017

Posted by Celia C. Elwell, RP in Code of Federal Regulations, GPO, Research

≈ Comments Off on An Easier Way to Research The Code of Federal Regulations.

Tags

Code of Federal Regulations, GPO, Research

Electronic Code of Federal Regulations, GPO: U.S. Government Publishing Office

 http://www.ecfr.gov/cgi-bin/ECFR?page=browse

How many of you enjoy researching the Code of Federal Regulations? Hands? I thought so. Have you tried the Electronic Code of Federal Regulations (e-CFR)? If you haven’t, I highly recommend that you check it out. Look to the left to find search tips, FAQs, and a link to a parallel Table of Contents and Authorities. This web site is kept up to date, unlike the print version which is updated once a year. This will remain an “unofficial” version while it’s “technical and performance issues are satisfactorily resolved.” Don’t let that put you off. This website will become the official government Code of Federal Regulations. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Free Online 2017 Edition of the Federal Rules of Civil Procedure.

12 Sunday Feb 2017

Posted by Celia C. Elwell, RP in Federal Law, Recent Links and Articles, Research

≈ Comments Off on Free Online 2017 Edition of the Federal Rules of Civil Procedure.

Tags

Federal Rules of Civil Procedure

Federal Rules of Civil Procedure, 2017 Edition, The National Court Rules Committee©2014-2017

https://www.federalrulesofcivilprocedure.org/frcp/

Like many firms, we do not keep a hardback or soft back set of the Federal Rules of Civil Procedure because we can access them for free online. I usually go to the Cornell Law Library Institute for federal statutes and court rules for statutes and court rules. After finding this website, I’ve changed my mind. It is amended through December 1, 2016. It also includes links to the Federal Rules of Evidence, Federal Rules of Bankruptcy Procedure, Federal Rules of Criminal Procedure, and the U.S. Bankruptcy Code. So far, I haven’t seen anything not to like. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Legal Writing Myths

11 Saturday Feb 2017

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Editing, Legal Argument, Legal Writing, Persuasive Writing, Plain Language

≈ Comments Off on Legal Writing Myths

Tags

Judge Gerald Lebovits, Legal Writing, Michigan Bar Journal, Plain English Subcomittee

Legal-Writing Myths, by the Hon. Gerald Lebovits, Plain English Subcommittee Column, 50 Mich. B.J. (February 2017)©2017

https://researchingparalegal.wordpress.com/?p=4848&preview=true

 

Are longer briefs more persuasive? Is it a legal writing faux pas to start a sentence with “and”? Do judges care if you follow Bluebook citation format? Judge Lebovits has some thoughts on these and other legal writing myths to share, some of which may surprise you. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...
Follow The Researching Paralegal on WordPress.com

Enter your email address to follow this blog and receive notifications of new posts by email.

Search

Sign In/Register

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Categories

Archives

  • March 2022
  • January 2022
  • November 2021
  • October 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • January 2020
  • December 2019
  • October 2019
  • August 2019
  • July 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…
  • RSS - Posts
  • RSS - Comments

Blog at WordPress.com.

  • Follow Following
    • The Researching Paralegal
    • Join 454 other followers
    • Already have a WordPress.com account? Log in now.
    • The Researching Paralegal
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

You must be logged in to post a comment.

    %d bloggers like this: