Monthly Archives: March 2017

State and Federal Cyber Bullying Laws.

29 Wednesday Mar 2017

Posted by in Cyber Bullying

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Bullying Laws Across America, Cyber Bullying Research Center
http://cyberbullying.org/bullying-laws

(Please also note “Recent Updates” under the “Resources” button.)

Cyberbullying Laws, The Huffington Post©2017 http://www.huffingtonpost.com/news/cyberbullying-laws/

Bullying and Cyber Bullying Laws, Megan Meier Foundation
http://www.meganmeierfoundation.org/laws.html

Is Cyber Bullying Illegal? A Breakdown by State, TeenSafe®
https://www.teensafe.com/blog/cyberbullying-illegal-breakdown-state/

Cyberbullying + Laws, Charges & Statute of Limitations, FederalCharges.com
https://www.federalcharges.com/cyberbullying-laws-charges/

Storytelling Trial Lawyer’s Honey Pot.

24 Friday Mar 2017

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

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The Key Elements of a Good Narrative – at Trial or Anywhere Else, by Tony Klapper, The Litigation Consulting Report, A2L Consulting

http://www.a2lc.com/blog/the-key-elements-of-a-good-narrative-at-trial-or-anywhere-else

Every good trial lawyer is a storyteller. Good storytelling is the same as a good book or movie with a great plot and dialogue. It’s that kind of storytelling that wins trials.

Mr. Klapper has written a wonderful post. At its end, you’ll find a honey pot of links with posts that are a variation on this theme. Sweet. -CCE

Will Your Standard Boilerplate Discovery Objections Cut the Mustard in Federal Court?

12 Sunday Mar 2017

Posted by in Discovery, Federal Rules of Discovery, Objections

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Don’t Risk Waiving All Objections to Discovery Responses, by Daniel M. Braude, Wilson Elser, Product Liability Advocate

http://bit.ly/2mQTYon

Remember the changes made to the Federal Rules of Civil Procedure in December, 2015? Mr. Braude strongly urges us to update our discovery form files. He has a convincing reason. -CCE

A Federal Discovery Rule Quiz.

10 Friday Mar 2017

Posted by in Discovery, Expert Witness, Federal Rules of Discovery, Rule 26

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Treating Physicians & Non-Retained Expert Witnesses: What Do Parties Have to Disclose Before Trial? by Max Kennerly, Esq., Litigation and Trial, The Law Blog of Plaintiff’s Attorney Max Kennerly

http://bit.ly/2mvxvg1

Under Rule 26 of the Federal Rules of Civil Procedure, who is a “non-retained expert witness” and when does that witness need to provide a thorough report rather than a summary report?  And what would you expect a judge to say if you do not disclose a non-retained expert witness? As always, it depends. -CCE

Punctuation – The Devil Indeed Is In the Details.

06 Monday Mar 2017

Posted by in Legal Writing, Proofreading, Punctuation

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Legal Writing is Precise Writing, by Suzanne E. Rowe©2007, Oregon State Bar Bulletin — NOVEMBER 2007

https://www.osbar.org/publications/bulletin/07nov/legalwriter.html

A colleague appeared in my office with a pressing question about hyphens. He was writing an article about people who own small businesses. But he was concerned that a punctuation mistake might make the article about small people, instead of small businesses. That concern (and perhaps a touch of procrastination) propelled him to my office. Was he writing about small business owners or small-business owners?

Legal writing is precise writing. Sometimes the missing hyphen, misplaced word or extra comma can change the meaning of a sentence. In quotations, lack of precision can hurt your reputation (or just make you look sloppy). The devil’s in the details.

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Tips on Writing Persuasive Propositions.

02 Thursday Mar 2017

Posted by in Brief Writing, Legal Writing, Persuasive Writing, Propositions and Headings

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How to Write Effective Argument Headings, by Lisa Solomon, NOW Counsel Network (with hat tip to William P. Statsky!)

http://bit.ly/2ljxJbg

Ms. Solomon calls them argument or point headings. I call them propositions. Regardless, their importance as a persuasive writing tool in any brief should never been overlooked.

A proposition or heading is a succinct statement that states the question or issue to be discussed and answered in your brief. If done correctly, the reader – your judge – should follow the logical flow of your brief’s argument by simply reading the propositions and sub-propositions.  

A proposition that is a positive statement is more persuasive than a question.  Even better, your proposition should state positively what the court ought to do and why. X should happen because of Y or, because of Y, X should happen.  Regardless of the format you use, a proposition that says why the court should rule as you want is always more persuasive. -CCE