27 Thursday Apr 2017
Posted in Discovery, Interrogatories
≈ Comments Off on Need to Discover Insurance Coverage? Try This.
Interrogatories Asking for Insurance Coverage Information, by Paul Luvera, Plaintiff Trial Lawyer Tips
When your discovery rules allow the plaintiff to get the defendant’s insurance coverage, never miss the opportunity to get all the details you can. Here are some excellent examples of interrogatories and strategy. -CCE
22 Saturday Apr 2017
Posted in Depositions, Discovery, Trial Tips and Techniques, Witness Preparation, Witnesses
≈ Comments Off on Trial Witnesses And Depositions Transcripts.
Use Your Deposition as Your Sword and Shield, by Dr. Ken Broda-Bahm, Persuasive Litigator™
Depositions can be taken months, even years, before a case goes to trial. Even though you may routinely provide every deponent with a copy of the transcript of his or her deposition, does the witness or your client really understand how important it truly is to study it thoroughly? Sometimes I wonder whether they see it more as a bother. Including a copy of this post might help. -CCE
See also Overlearn Your Deposition, by Dr. Ken Broda-Bahm, Persuasive Litigator™ at http://www.persuasivelitigator.com/2017/02/overlearn-your-deposition.html.
17 Monday Apr 2017
Posted in 10th Circuit Court of Appeals, 10th Circuit Practitioner's Guide, Appellate Judges, Appellate Law, Appellate Record, Benchslap, Citations to the Record, Immigration Law, Judges
≈ Comments Off on A Benchslap By Judge Gorsuch. And It’s A Really Good One, Too.
Benchslap Of The Day: No More Mr. Nice Guy, by David Lat, Above The Law Blog
http://abovethelaw.com/2015/03/benchslap-of-the-day-no-more-mr-nice-guy/
It’s Monday, which makes it a good day for a good old-fashioned benchslap!
Our Judge for today’s benchslap is none other than newly appointed Justice Neil Gorsuch of the United States Supreme Court, back when he was at the United States District Court for the Tenth Circuit. Judge Gorsuch’s opinion is an excellent lesson on the basic elements of a successful appeal. An immigration lawyer ignored the Court’s local rules. A serious mistake, and a thorough benchslap. -CCE
14 Friday Apr 2017
Posted in Jury Persuasion, Trial Lawyers, Trial Tips and Techniques, Voir Dire
≈ Comments Off on Litigation Tip – Balancing Emotion and Logic.
Human Nature: “Facts are White Noise & Emotions Rule” & Why We Continue to Believe Objectively False Things, by Paul Luvera, Plaintiff Trial Lawyer Tips
Does your head or your heart make your decisions? Are you sure? While your argument, evidence, and testimony may be perfectly reasoned and logical, how does it rank on a positive or negative on an emotional scale or preconceived beliefs? -CCE
12 Wednesday Apr 2017
Posted in Legal Writing, Persuasive Writing, Plain Language, Trial Tips and Techniques
≈ Comments Off on Use Plain English Rather Than Medical Jargon.
Plain English Helps Explain Medical Issues Clearly, A Case Study, by Dr. Oscar Linares, David Daly, and Gertrude Daly, 36 Mich. B J. (Jan. 2017)
http://www.michbar.org/file/barjournal/article/documents/pdf4article3039.pdf
Professionals, like doctors, often speak using medical jargon. Other doctors understand it, but not necessarily everyone else. This is true for anyone who uses technical language specific to their work. But in a legal matter, communication is critical. A good reason to use plain English, isn’t it? -CCE
09 Sunday Apr 2017
Posted in Discovery, Medical Records
≈ Comments Off on Obtaining, Organizing, and Analyzing Medical Records.
Tips for Unlocking Medical Records That Will Make a Paralegal’s Job Easier, by Karen Clark, MS, RN; Patricia Iyer, RN, MSN, LNCC; Barbara Levin, BSN, RN, ONC, LNCC; and Mary Ann Shea, JD, BS, RN, Paralegal Today (Originally appeared in print as “Unlocking Medical Records” July/August 2004)
http://paralegaltoday.com/issue_archive/features/feature2_ja04.htm
“How to” on obtaining, organizing, and analyzing medical records, complete with chart for tracking them. -CCE
04 Tuesday Apr 2017
Posted in 4th Circuit Court of Appeals, Appellate Law, Civil Rights, Legal Analysis, Legal Writing, Persuasive Writing, Second Amendment
≈ Comments Off on Excellent Example of Appellate Court’s Use of Persuasive Legal Writing Tools.
Contrasting Introductions in Kolbe v. Hogan, by Megan E. Boyd, Lady (Legal) Writer Blog
http://ladylegalwriter.blogspot.com/2017/03/contrasting-introductions-in-kolbe-v.html
The Fourth Circuit Court of Appeals recently held that Maryland’s Firearm Safety Act (FSA), which bans AR-15s, other military-style rifles, and certain large-capacity magazines, is constitutional and does not violate the Second or Fourteenth Amendments.
This decision is controversial for a number of reasons (aren’t all cases involving guns?), but the introductions in the majority and dissenting opinions are particularly interesting. You’d expect an opinion about the constitutionality of a firearm-related statute to start with an exposition of Second Amendment law or a discussion of the specific language of the statute itself.
Not this majority opinion. It starts with a literal bang . . . .
01 Saturday Apr 2017
Posted in Criminal Law, Federal Law, Federal Sentencing, Research, Sentencing Guidelines
≈ Comments Off on 2017 United States Sentencing Commission Website.
Tags
2016 Guidelines Manual, Sentencing Guidelines, Sentencing Table, United States Sentencing Commission
United States Sentencing Commission
This federal government website has a honey pot of information. It has six categories. Here are some highlights you will find under each category:
1. About (includes Mission Statement and online seminar titled ‘An Insider Look at the United States Sentencing Commission’);
2. Guidelines (the 2016 Guidelines Manual, Sentencing Table, and Organizational Guidelines, including the most recent primers on various areas of criminal law);
3. Policymaking (Rules of Practice and Procedure);
4. Education (Guideline Training Materials);
5. By Topic; and
6. Research (Public Access to Commission Data and Documents List Of all Publications, 2016 Sourcebook, Quick Facts, and Data Reports).
The information you will find here is current and up to date. You can be sure that you are researching the most recent and updated guidelines, primers, sentencing table, policy, and laws. -CCE
The Researching Paralegal 
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