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The Researching Paralegal

Monthly Archives: February 2018

Why Do Bad Clients Deserve The Best?

26 Monday Feb 2018

Posted by Celia C. Elwell, RP in Ethics, Legal Support Staff, Paralegals/Legal Assistants, Professionalism

≈ 4 Comments

Tags

Legal Assistant, Paralegal, Professionalism

A good friend recently shared a paralegal post in which the author complained about ill-tempered clients. The author warned that, as a result, the clients’ work would remain at the bottom of the stack on her desk. I disagree.

I recall witnessing this behavior more than once as a legal secretary and paralegal toward clients, young lawyers, and legal interns. Law students were particularly vulnerable. I caution any legal support staff against behaving so unprofessionally.

If you find yourself tempted, let me remind you of this simple truth. Law students and young lawyers have a bad habit of becoming senior partners and your future employers. And, they have long memories.

Most people, as a rule, do not call an attorney’s office because they are having a good day. Before they became our clients, they realized they had a problem, tried to deal with it, were unsuccessful, stressed, and lost sleep. In short, we are not seeing them at their best.

Take good notes when your clients vent, rant, or repeat themselves. Because they are upset, they may be mistaken or confused. Let the client know that you are listening to them. Interrupt only when you need them to repeat something to make sure you get it right. Document the clients’ concerns, and tell your attorney they called and why.

Helping clients resolve their legal problem is our job. It is what we do, and it is why we are there. They deserve the best service we can give them. -CCE

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Your Mother Was Right. Manners Matter.

24 Saturday Feb 2018

Posted by Celia C. Elwell, RP in Courtroom Etiquette, Judges, Trial Tips and Techniques

≈ 1 Comment

Tags

Courtroom Etiquette, Kacy Miller, Persuasion Matters

Courtroom Conduct Matters. Yes, Counsel: That Includes You, by Kacy Miller, Persuasion Matters

http://courtroomlogic.com/2018/02/12/courtroom-conduct/

Regardless of who sits at the counsel table or part of the team sitting in the gallery, courtroom conduct matters. Many judges have their own set of courtroom rules. Like all local rules, follow them exactly. These are rules, not suggestions. It is especially important that your client understands the importance of proper court etiquette, as well as any family members or friends who may be seated in the gallery.

I have seen bad behavior by clients and counsel alike. Some clients have trouble controlling themselves. Some attorneys act more like they are in a theater rather than a courtroom. Go to court often enough, and you will quickly see what impresses a judge or jury and what doesn’t. -CCE

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Smokers with Dementia or Alzheimer’s – A Unique Challenge.

22 Thursday Feb 2018

Posted by Celia C. Elwell, RP in Elder Law

≈ Comments Off on Smokers with Dementia or Alzheimer’s – A Unique Challenge.

Tags

Alzheimer's, Dementia, Dickinson Law, Elder Law Professor Blog, Katherine C. Pearson, Penn State, Smoking

A Seldom Discussed Legal Issue? The Problem of Smokers with Dementia, by Katherine C. Pearson, Dickinson Law, Penn State, Elder Law Professor Blog

http://bit.ly/2sN5xSq

If you are a smoker, then you already know it’s hard to stop. This post discusses something I had never considered. How do you address a smoker who is also an aging family member or friend with Alzheimer’s or dementia?

This is not about whether smoking is bad for your health. Just as folks eventually reach the age where it is not safe to do certain activities, think of what it is like for someone with Alzheimer’s lighting and dropping cigarettes – everywhere. Burns start showing up on the carpet and the favorite chair. Those are certainly dangerous signs, but the scariest scenario is finding burn holes in bed.

This is an excellent post. It also provides links to other posts. For those who practice in elder law or deal with this personally, you will want to read this. -CCE

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When Does a Subpoena for Documents in a Foreign or International Tribunal Require Personal Jurisdiction?

21 Wednesday Feb 2018

Posted by Celia C. Elwell, RP in Discovery, International Law, Requests for Production

≈ Comments Off on When Does a Subpoena for Documents in a Foreign or International Tribunal Require Personal Jurisdiction?

Tags

28 U.S.C. § 1782, Gilbert A. Samberg, International Law, Lexology Blog, Request for Production of Documents

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The Subpoena Target, posted by Gilbert A. Samberg, Mintz Levin Cohn Ferris Glovsky and Popeo PC, Lexology Blog

http://bit.ly/2FbbE5e

When someone mentions a subpoena for documents, most of us think of a subpoena duces tecum under Fed. R. Civ. P. 45. Title 28 U.S.C. § 1782 also is used to subpoena documents, but in cases involving a foreign or international tribunal. How easy is it to meet that standard?

This post explains the three threshold standards and how the Second Circuit Court handled it. -CCE

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Update to Historical Statutes At Large Online.

19 Monday Feb 2018

Posted by Celia C. Elwell, RP in Appellate Law, Federal Law, Library of Congress, Research

≈ Comments Off on Update to Historical Statutes At Large Online.

Tags

In Custodia Legis, Jennifer Gonzalez, Law Librarians of Congress, Statutes at Large

More Historical Statutes at Large Available Online, by Jennifer González, In Custodia Legis, Law Librarians of Congress

http://bit.ly/2Fdv49P

The individual statutes for congresses 68 through 81 are now available on the Law Library of Congress website. This addition closes the gap for the years for which the Statutes at Large were not available on the Internet. As with the volumes for previous congresses, each of these statutes is tagged with tailored, descriptive metadata to help users search and browse by facets.

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SCOTUS Notes Has the Supreme Court Justices’ Handwritten Notes!

18 Sunday Feb 2018

Posted by Celia C. Elwell, RP in Appellate Law, Appellate Writing, Legal Analysis, Legal Writing, United States Supreme Court

≈ Comments Off on SCOTUS Notes Has the Supreme Court Justices’ Handwritten Notes!

Tags

Joe Hodnicki, Law Librarian Blog, Legal Analysis, SCOTUS Notes, U.S. Supreme Court

SCOTUS Notes transcribes notes written by Supreme Court justices during conference meetings, posted by Joe Hodnicki, Law Librarian Blog (with hat tip to BeSpacific Blog)

http://bit.ly/2EA7cvK

We can read the U.S. Supreme Court justices’ handwritten notes during their deliberations? What will this mean for legal analysis and where do I sign up? -CCE

SCOTUS Notes is the newest crowdsourcing project under the Zooniverse platform originated at the University of Minnesota. ‘In this project, members of the public transcribe handwritten notes from U.S. Supreme Court justices. Unlike members of Congress, justices cast their votes in complete privacy during weekly conference meetings. Only justices are allowed in the Chief Justice’s conference room when they discuss, deliberate, and make initial decisions on cases that focus on some of the nation’s most pressing legal issues. The only record of what has been said, and by whom, is provided by the handwritten personal notes the justices themselves take during conference. These crucial documents detail the discussions and debates that took place in thousands of cases spanning multiple decades.’

[Emphasis added.]

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You Have The Right To Remain Silent, But Can You?

02 Friday Feb 2018

Posted by Celia C. Elwell, RP in Criminal Law, Humor

≈ Comments Off on You Have The Right To Remain Silent, But Can You?

Tags

Kevin Underhill, Lowering the Bar Blog, Miranda Warning

Suspect Who Asks About His “Other Murder Case” Is Charged With That One, Too, by Kevin Underhill, Lowering the Bar Blog

http://bit.ly/2FEdpXI

A good friend has a saying that ranks as some of the best advice I’ve ever heard: “You can think anything you want. You just don’t have to say it.”

I have found that it works well in most work and life situations. In this particular instance, it would have been ideal. -CCE

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