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The Researching Paralegal

Monthly Archives: November 2018

Paraphrasing Mark Twain: “It is Better to Keep Your Mouth Closed . . . .”

18 Sunday Nov 2018

Posted by Celia C. Elwell, RP in 6th Circuit Court of Appeals, Appellate Law, Brief Writing, Contract Law, Legal Argument, Legal Writing

≈ Comments Off on Paraphrasing Mark Twain: “It is Better to Keep Your Mouth Closed . . . .”

Tags

Above the Law (blog), Benchslap, Contract Interpretation, Hyperbole, Joe Patrice, State Farm

Don’t Mock A Legal Argument If You’re Completely Wrong, by Joe Patrice, Above the Law Blog

https://abovethelaw.com/2013/09/dont-make-fun-of-a-legal-argument-if-youre-completely-wrong/

Mark Twain said, “It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt.” It is always awkward when the court benchslaps your legal argument.

There are useful lessons here for all of us, not just State Farm. First, when your client is relying on the terms of a contract, note its details before you say something you will wish you hadn’t. Second, be careful with hyperbole and sarcasm when writing a brief for an appellate court.

I agree with Mr. Patrice. The opening paragraph of the Sixth Circuit Court’s opinion is worth repeating. -CCE

There are good reasons not to call an opponent’s argument ‘ridiculous,’ which is what State Farm calls Barbara Bennett’s principal argument here. The reasons include civility; the near-certainty that overstatement will only push the reader away (especially when, as here, the hyperbole begins on page one of the brief); and that, even where the record supports an extreme modifier, ‘the better practice is usually to lay out the facts and let the court reach its own conclusions.’ But here the biggest reason is more simple: the argument that State Farm derides as ridiculous is instead correct.

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ParkMobile App – Thank you, Jeff Richardson!

07 Wednesday Nov 2018

Posted by Celia C. Elwell, RP in Apps, Legal Technology

≈ Comments Off on ParkMobile App – Thank you, Jeff Richardson!

Tags

iPhone J.D. Blog, Jeff Richardson

Challenging a parking ticket with the ParkMobile app, by Jeff Richardson, iPhone J.D.

https://bit.ly/2yVIvsP

If you work or live anywhere that uses ParkMobile as a replacement for old-fashioned parking meters, you are going to love this. Imagine the ability to pay, add time to your parking meter, or even reserve your parking spot. Mr. Richardson’s post provides more interesting details that you don’t want to miss.

I have already looked and yes, ParkMobile is in my state and on the street where I work. With this app, you can find, reserve, and pay for your parking spot in 350 cities. Look for your parking spot now at https://parkmobile.io/locations. Sweet. -CCE

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Be A Discovery Ace.

04 Sunday Nov 2018

Posted by Celia C. Elwell, RP in Discovery, Motion to Compel

≈ Comments Off on Be A Discovery Ace.

Tags

ABA Journal, Discovery, Katherine A. Hopkins, Motion to Compel

6 Keys to Acing Discovery, by Katherine A. Hopkins, ABA Journal

https://bit.ly/2F5iAod

Best advice in this well-written  post? Know the case law in your Motion to Compel, know the court rules and follow them to the letter, and make it easy for the judge. -CCE

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