19 Tuesday Jun 2018
Posted in Acronyms, Appellate Law, Benchslap, Humor, Intellectual Property, Judges, Legal Ethics, Legal Writing, Oral Argument, Patent Law, Proofreading
≈ Comments Off on Six Judges Let The Benchslaps Fly.
Six Benchslaps to Brighten Your Day, by Lisa Needham, Lawyerist.com
https://lawyerist.com/six-benchslaps-will-brighten-day/
As Ms. Needham describes it, “[f]or the unfamiliar, benchslap originally referred to one judge snarking at another, but now refers to any time a member of the bench crushes an attorney with wit, rage, or both.” It is also an excellent example of what not to do. -CCE
29 Tuesday May 2018
Posted in Bloomberg Law, Casemaker, FastCase, Google Scholar, LexisNexis, Research, Westlaw
≈ Comments Off on The Common Flaw With Legal Database Providers.
The Algorithm as a Human Artifact: Implications for Legal {Re}Search, by Joe Hodnicki, Law Librarian Blog
Susan Nevelow Mart is a law professor at the University of Colorado’s Law School. Her article has earned significant attention and recognition, and for good reason.
Most lawyers and paralegals learn legal research using Westlaw and Lexis, with an emphasis on using headnotes to research relevant law. Because humans write the headnotes and the search algorithms, there is a considerable variation in the results in our legal research.
[W]hen comparing the top ten results for the same search entered into the same jurisdictional case database in Casetext, Fastcase, Google Scholar, Lexis Advance, Ravel, and Westlaw, the results are a remarkable testament to the variability of human problem solving. There is hardly any overlap in the cases that appear in the top ten results returned by each database.
Hardly any overlap? Imagine how this affects cases argued by the parties and decided by the courts. But, there’s more. The percentage of relevant sources differs for all providers.
One of the most surprising results was the clustering among the databases in terms of the percentage of relevant results. The oldest database providers, Westlaw and Lexis, had the highest percentages of relevant results, at 67% and 57%, respectively. The newer legal database providers, Fastcase, Google Scholar, Casetext, and Ravel, were also clustered together at a lower relevance rate, returning approximately 40% relevant results.
Professor Mart reminds us that thorough legal research has always involved redundancy. We already know that different search terms give us new results to investigate. She recommends using multiple resources with multiple searches, and calls for more accountability by legal database providers.
We cannot change what the legal database providers have already done. We do have control over the thoroughness of our research and our search strategies. -CCE
28 Monday May 2018
Posted in Bad Legal Writing, Legal Writing, Persuasive Writing, Plain Language, Readability
≈ Comments Off on Law Professor Antonio Gidi’s New Legal Writing Book.
Legal Writing Style, by Antonio Gidi (West 2018), at SSRN.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3157430
Antonio Gidi, law professor at Syracuse University College of Law, recently updated Weihofen’s Legal Writing Style. Professor Gidi is a strong proponent of concise and persuasive legal writing. A preview of the book is available at the SSRN link above; just click on “Download This Paper.” Plenty for the novice legal writer and good tips for those looking to sharpen their legal writing skills. -CCE
01 Tuesday May 2018
Posted in Legal Writing, Readability, Style Manuals
≈ Comments Off on Full or Left Justification?
Are You Justified?, from Legible, A blog from Legalwriting.net by Wayne Schiess
http://sites.utexas.edu/legalwriting/2013/01/17/are-you-justified/
Do you prefer full or left justification? In the legal writing community, this is a serious debate. It ranks up there with whether citations belong in the text or in a footnote, but not quite as serious as whether you follow the rule of one or two spaces after a period.
The point is whether your choice makes your writing easier to read and understand, which is, after all, the legal writing holy grail. -CCE
25 Wednesday Apr 2018
Posted in Bankruptcy Court Rules, Bankruptcy Law
≈ Comments Off on Announcement: Comment Requested to Restyle the Federal Rules of Bankruptcy Procedure.
Invitation for Comment to Restyle the Federal Rules of Bankruptcy Procedure, United States Courts
Over the last several years, many of the federal rules have undergone a process known as restyling, designed to make them simpler, more understandable and easier to read and use. With the exception of the rules in Part 8, which were recently revised, the Rules of Bankruptcy Procedure have not been restyled, partially in deference to their close linkage to provisions of the Bankruptcy Code.
The Advisory Committee on Bankruptcy Rules is now considering whether to recommend that the Bankruptcy Rules undergo the restyling process and is soliciting input from the public. With the assistance of the Federal Judicial Center, the Advisory Committee’s Restyling Subcommittee has created a short survey seeking opinions and comments on the benefits and drawbacks of restyling.
If you or your organization would like to provide feedback, please complete the survey (link is external) by June 15, 2018. We encourage you to contribute your views.
The survey results will be reviewed by the Restyling Subcommittee and given careful consideration as it decides what recommendation to make to the Advisory Committee.
Sandra Ikuta, Chair, Advisory Committee on Rules of Bankruptcy Procedure
Dennis Dow, Chair, Bankruptcy Rules Restyling Subcommittee, Chair-Designate, Advisory Committee on Rules of Bankruptcy Procedure
24 Tuesday Apr 2018
Posted in Jury Persuasion, Plaintiff's Counsel, Trial Tips and Techniques
≈ Comments Off on Why The Jury Blamed The Injured Plaintiff.
Understanding Why Jurors Want To Blame The Injured Plaintiff, by Paul Luvera, Plaintiff Trial Lawyer Tips
http://plaintifftriallawyertips.com/understanding-why-jurors-want-to-blame-the-injured-plaintiff
There are times when it simply does not make sense that the jury did not sympathize with the plaintiff. Yes, there can be legal reasons for the outcome, but there are certain psychological motives as well. This post does an excellent job of identifying and explaining them. -CCE
21 Saturday Apr 2018
Posted in E-Discovery
≈ Comments Off on Federal Judge’s E-Admissibility Chart.
Handy Chart on E-Admissibility, posted by Craig Ball, Ball In Your Court (with hat tip to U.S. District Court Judge Paul Grimm)
In my opinion, Craig Ball, his seminars, and his blog, are at the top of my list of “go to” sources anything related to e-discovery. Written by U.S. District Court Judge Paul Grimm, this chart is e-discovery gold. Highly recommend a bookmark! -CCE
I received a fine gift this morning from U.S. District Judge Paul Grimm, and with the authors’ permission, I’m sharing it with you. It’s a splendid chart on admissibility of electronic evidence that any trial lawyer will want when going to Court. For younger readers, I will explain what “going to Court” means in a future post.
19 Thursday Apr 2018
Posted in Criminal Law, Sentencing Guidelines
≈ Comments Off on United States Sentencing Commission Unanimously Adopts 2018 Guideline Amendments.
NEWS RELEASE: USSC Unanimously Adopts 2018 Guideline Amendments
https://content.govdelivery.com/accounts/USSC/bulletins/1e8f001
To access the new amendments, click here: https://bit.ly/2JLNGj6. -CCE
14 Saturday Apr 2018
Posted in Intellectual Property, Paralegals/Legal Assistants
≈ Comments Off on If You Want To Know How To Do Something, Ask A Paralegal.
How the legal profession under utilizes paralegals: exclusive interview with Deborah Hampton of Chemours, by Adam Houldsworth, World Trademark Review™ (hat tip to William P. Statsky)
I met Deborah Hampton years ago, and was impressed then by her intelligence, poise, kindness, and professionalism. I am even more impressed now. -CCE
04 Wednesday Apr 2018
Posted in Admissibility, Authentication, Discovery, Evidence, Recordings, Research, State Law, Statutes
≈ Comments Off on State-by-State Recording Laws from the Reporter’s Committee for Freedom of the Press.
https://www.rcfp.org/reporters-recording-guide/state-state-guide
Do you ever record a telephone conversation without telling the person at the other end of the line? It happens quite frequently. But, is it legal? Do you need the other person’s consent? Can it be used as evidence in court? Could you get arrested if you let someone else listen to it? What about hidden cameras?
These statutes were last updated in 2012. When you find your state and the relevant statute, verify that the law has not been changed since 2012. I would take it one more step, and check to see whether there is any pending legislation that might change the law. -CCE
29 Thursday Mar 2018
Posted in Internet, Internet Safety, Marketing, Social Media
≈ Comments Off on Check Your Facebook Data and Settings.
Tags
How can I download a copy of my Facebook data? posted by Facebook Help
https://www.facebook.com/help/302796099745838
Do you use Facebook personally or as a marketing tool? Unless you have lived under a rock, you have heard about the Facebook/Cambridge Analytica scandal. If not, just Google it. You will find plenty of recent posts. It will make you think twice about taking all those personality tests you find frequently on Facebook.
This is not the only Facebook glitch, if glitch is the proper word. Hacked lately? By that I mean, has someone sent posts to your “friends” pretending to be you?
Hopefully, you have checked your safety settings. That will help, but the type of data you share online may negate your efforts.
Hopefully, you do not share that you plan to attend an event (a feature Facebook provides), photos of your vacation while you are on vacation, or post that you are – at that very moment – at a specific location away from home.
Hopefully, you do not post photographs of your children with your child wearing a school t-shirt or jersey, the front of your house with the house number, or a photo with your vehicle’s tag number in the background.
You get the idea. If you want to use Facebook, whether for personal or business use, Facebook – and others – I suspect you already know they know more about you than you realize.
It will not hurt to look at your Facebook data and re-check your Safety Settings at https://bit.ly/1j7xk0x. I recommend another Google search (yes, search engines, news media, and other social media are tracking you, too) to find more ways to update your Facebook settings. Please look at the date of whatever you find. You want the newest version. The newer, the better. -CCE
27 Tuesday Mar 2018
Posted in Appellate Law, Case Law, Federal Law, Library of Congress, Research, United States Supreme Court
≈ Comments Off on Historical Supreme Court Cases Now Free Online.
Historical Supreme Court cases now online thanks to Library of Congress (and Hein & Co.), by Joe Hodnicki, Law Librarian Blog
According to the press release, ‘More than 225 years of Supreme Court decisions acquired by the Library of Congress are now publicly available online – free to access in a page image format for the first time. The Library has made available more than 35,000 cases that were published in the printed bound editions of United States Reports. … The digital versions of the U.S. Reports in the new collection were acquired by the Law Library of Congress through a purchase agreement with William S. Hein & Co. Inc. The acquisition is part of the Law Library’s transition to a digital future and in support of its efforts to make historical U.S. public domain legal materials freely and easily available to Congress and the world.’ You can access the collection here.”
25 Sunday Mar 2018
Posted in Government
≈ Comments Off on Find Bills and Amendments and Who Sponsored Them.
How to Locate the Bills and Amendments a Member of Congress has Sponsored or Cosponsored in Congress.gov, by Robert Brammer, In Custodia Legis, Law Librarians of Congress
This looks handy. -CCE
One of the questions we are frequently asked is how to locate a bill or amendment that a member of Congress has sponsored or cosponsored. There are a few ways to do this on Congress.gov.
- Visit a member profile page
Locate a member you are interested in and open their member profile page. Next, you can use the filters on the left-hand side of the screen to narrow down your results. For example, if you are only interested in legislation that the member sponsored or cosponsored in the 115th Congress, under “Congress”, click on “115”. You can also use the filters in combination with one another to further narrow down your results.
If you are looking at a member profile page for a current member of Congress, note that you can click “get alerts” at the top, left-hand side of the screen to sign up to receive an email each time that member sponsors or cosponsors legislation.
19 Monday Mar 2018
Posted in Depositions, Discovery, Trial Tips and Techniques, Witness Preparation, Witness Preparation, Witnesses
≈ Comments Off on Witness Preparation – The Classics.
Have you ever prepared witnesses or clients for a deposition or trial? If you have, then you know these rules or techniques are the classics. Tried and true. If you haven’t, here is some of the best advice you will ever get. This is a “must bookmark.” -CCE
18 Sunday Mar 2018
Posted in Criminal Law, Sentencing Guidelines
≈ Comments Off on USSC Has A New App for 2016 Sentencing Guidelines.
The new App gives you access to:
It also includes Frequently Used Tables and the Archive. -CCE
14 Wednesday Mar 2018
Posted in Federal Law, Legal Analysis, Legal Writing, Research, SSRN, Statutory Interpretation
≈ Comments Off on Federal Research Honey Pot.
Tags
Aaron-Andrew P. Bruhl, Federal Courts, Joe Hodnicki, Law Librarian Blog, Legal Research, Statutory Interpretation
Comparing Methods of Statutory Interpretation Used By The Lower Federal Courts and The Supreme Court, by Joe Hodnicki, Law Librarian Blog
Joe Hodnicki calls this article “recommended,” which means we just found a honey pot for those who research federal case law and statutory interpretation. -CCE
“Here’s the abstract for Aaron-Andrew P. Bruhl’s very interesting Statutory Interpretation and the Rest of the Iceberg: Divergences between the Lower Federal Courts and the Supreme Court, Duke Law Journal, Forthcoming:
‘This Article examines the methods of statutory interpretation used by the lower federal courts, especially the federal district courts, and compares those methods to the practices of the U.S. Supreme Court. This novel research reveals both similarities across courts and some striking differences. The research shows that some interpretive tools are highly overrepresented in the Supreme Court’s decisions while other tools are much more prevalent in the lower courts. Another finding, based on a study of forty years of cases, is that all federal courts have shifted toward more textualist tools in recent decades but that the shift was less pronounced as one moves down the judicial hierarchy.
The divergence between the interpretive practices of different federal courts has implications for both descriptive and normative accounts of statutory interpretation.’ . . .” Continue reading
11 Sunday Mar 2018
Posted in Litigation, Technology, Trial Notebooks, Trial Tips and Techniques
What Does A Paralegal Do At Trial: Six Things Your War Room Must Have, by Christina Roberts, CP, Digital Paralegal Services (with permission from author and website)
This excellent post highlights important steps to prepare for trial. This is especially helpful when your trial is out of town.
I like the emphasis on the trial notebook. Your lead counsel may specify something similar. Regardless, it is your job to make sure they have whatever works for them. Still, this trial notebook is ideal, and is an excellent model to follow.
Some quick words about using technology in the courtroom. Visit the courtroom ahead of time. Write down the location of all electrical outlets. Take a lot of duct tape. Use duct tape to secure all wires and cords.
Ask the judge’s staff whether the judge has a preference or pet peeves. Perhaps the judge has local rules for technology in the courtroom?
If you got to trial often, you likely have your own stories of technology attempts that didn’t work. That could be a post all by itself. Mainly, my best advice to you is that, whatever can go wrong, will go wrong. Anticipate it, and be ready with a back-up plan. -CCE
26 Monday Feb 2018
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
24 Saturday Feb 2018
Posted in Courtroom Etiquette, Judges, Trial Tips and Techniques
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
22 Thursday Feb 2018
Posted 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
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
21 Wednesday Feb 2018
Posted 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
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
19 Monday Feb 2018
Posted in Appellate Law, Federal Law, Library of Congress, Research
≈ Comments Off on Update to Historical Statutes At Large Online.
More Historical Statutes at Large Available Online, by Jennifer González, In Custodia Legis, Law Librarians of Congress
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.
18 Sunday Feb 2018
Posted 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!
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)
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.]
02 Friday Feb 2018
Posted in Criminal Law, Humor
≈ Comments Off on You Have The Right To Remain Silent, But Can You?
Suspect Who Asks About His “Other Murder Case” Is Charged With That One, Too, by Kevin Underhill, Lowering the Bar Blog
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
27 Wednesday Dec 2017
Posted in Federal Law, Research, Statutes
≈ Comments Off on Historical Versions to the U.S. Code Now Free Online.
Tags
beSpacific Blog., Library of Congress, Office of the Law Revision Counsel, Sabrina I. Pacifici, U.S. Code
Historical Versions of the United States Code Now Online, by Sabrina I. Pacifici, beSpacific Blog
https://www.bespacific.com/historical-versions-of-the-united-states-code-now-online/
The Library of Congress has bought over 60 years of the U.S. Code from Hein Online. The historical research you will find here has not been available for free online before this publication by the Library of Congress. Because of the depth of the research at this site, you should definitely take a look.
This link will take you directly to the website, which will also give you a complete description of the information you will find there: https://www.loc.gov/collections/united-states-code. I also suggest taking the time to check out this link for the United States Code prepared by the Office of the Law Revision Counsel of the United States House of Representatives: http://uscode.house.gov/browse.xhtml.
There will be times when you will find no case law to support a state or federal statute. To make a convincing argument to the court, you may need to rely upon the legislative intent – the reason why the legislature made the law. To do that, you will need to read committee reports and other information to fully understand the legislature’s rationalization for writing the law as it did. These websites should enhance your ability to perform that research for federal statutes. -CCE
The Researching Paralegal 
You must be logged in to post a comment.