• Home
  • About Me
  • Disclaimer

The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Author Archives: Celia C. Elwell, RP

Beautiful Young, Dead Paralegal Found in Bathtub of Attorney Boss Who Has Possible Mob Connections.

17 Monday Feb 2014

Posted by Celia C. Elwell, RP in Criminal Law, Employment Law, Ethics, Grand Jury, Law Office Management, Legal Ethics, Management, Paralegals/Legal Assistants, Social Media, Supervising Support Staff, Using Social Media

≈ Comments Off on Beautiful Young, Dead Paralegal Found in Bathtub of Attorney Boss Who Has Possible Mob Connections.

Tags

A. Charles Peruto Jr., Above the Law (blog), Accidental Death, Alcohol, David Lat, District Attorney Seth Williams, Grand Jury, Julia Papazian Law, Paralegal, Philadelphia, Philadelphia District Attorney’s Office

Paralegal’s Death In Boss/Boyfriend’s Bathtub Declared Accidental, by David Lat, Above the Law Blog

http://tinyurl.com/k6fafzo

 Last May, a 26-year-old paralegal by the name of Julia Papazian Law was found dead in the bathtub of her boss and boyfriend, prominent Philadelphia defense attorney A. Charles Peruto Jr. The news set tongues wagging in Philly. It had all the elements of a tabloid tale: a beautiful young woman, a wealthy and successful lawyer, and possible organized-crime connections. (Peruto has represented such prominent alleged Mob figures as Joey Merlino and Nicodemo Scarfo.) . . .

A grand jury was convened, conducted an investigation, and concluded there was no evidence that the paralegal’s death was anything but accidental. I saw no discussion or evidence of an investigation of any ethical or employment violations concerning the employer/employee relationship.

After the grand jury’s investigation, the paralegal’s boss used Facebook to reply to the District Attorney in a direct and explicit statement. -CCE  

http://tinyurl.com/lnbb9gh

 

 

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

How Skillful Are You At Mediation?

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Alternative Dispute Resolution, Intellectual Property, Litigation, Mediation, U.S. Court of Appeals for the Federal Circuit

≈ Comments Off on How Skillful Are You At Mediation?

Tags

Above the Law (blog), Alternative Dispute Resolution, Biglaw, Gaston Kroub, Intellectual Property, Litigation, Mediation, U.S. Court of Appeals for the Federal Circuit

Beyond Biglaw: Mediation Matters (Part 1), by Gaston Kroub, Above The Law Blog

http://tinyurl.com/kv9d9ag

Mediation. For some lawyers, it is a great way to spend a day; for others, it is an interminable bore, and ineffective to boot. It is easy to imagine that lawyers who have had successful mediation experiences are more likely to fall into the former category than the latter. What is more certain, however, is that mediation skills are increasingly important for a litigator to have, for a number of reasons. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Got Your Gun? OSBI Launched Self-Defense Act License Online Application System.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Constitution, Second Amendment

≈ Comments Off on Got Your Gun? OSBI Launched Self-Defense Act License Online Application System.

Tags

eGovernment, Gun Control, Handgun License, Oklahoma, Oklahoma State Bureau of Investigation, Online Gun License, OSBI, Second Amendment, Self-Defense Act

Oklahoma State Bureau of Investigation Offers Online Gun License Application, OK.gov

http://tinyurl.com/m86brv3

Applying for an Oklahoma gun license just got easier. The Oklahoma State Bureau of Investigation (OSBI) has launched the Self-Defense Act (SDA) License Online Application system. The system allows users to submit applications to apply for or renew a handgun license. The online application can be accessed on the OSBI website at http://www.ok.gov/osbi.

Last year, more than 60,000 Oklahomans applied for a gun license. To deal with the influx of applications, OSBI hired more temporary and full-time staff for the unit and added a night shift. The online application will expedite and streamline the process.

The online service is a product of a partnership between the Oklahoma State Bureau of Investigation and OK.gov, Oklahoma’s official website managed by the eGovernment firm, NIC Inc. (Nasdaq: EGOV). The actual launch date of the online application system was January 14, 2014. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Spread The Love.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Law Office Management, Legal Ethics, Management, Supervising Support Staff

≈ Comments Off on Spread The Love.

Tags

Daniel E. Cummins, Law Office Management, Management, Professionalism, Supervising Support Staff, TORT TALK

Spread A Little Love: Being Pleasant And Considerate Is Part Of Being A Professional, by Daniel E. Cummins, TORT TALK

http://www.torttalk.com/2014/02/spread-little-love-article-for.html

Excellent relationship advice for all professionals. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Divorcing Husband’s Hidden Assets and Tax Fraud.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Child Support, Divorce, Family Law, Hidden Assets

≈ Comments Off on Divorcing Husband’s Hidden Assets and Tax Fraud.

Tags

Asset Search Blog, Beth M. v. Joseph M., Child Support, Divorce, Fred Abrams, Hashimoto v. De La Rosa, Hidden Assets, Internal Revenue Service, Tax Fraud

Divorce & Hidden Money: Whistleblowing, Tax Fraud & Tipping The IRS, by Fred Abrams, Asset Search Blog

http://tinyurl.com/l22u73b

The post ‘An Asset Search, Tax Fraud & Divorce’ was first published at the Asset Search Blog on January 16, 2008.  It is republished below as the seventh post in the ‘Divorce & Hidden Money’ series.  The post describes my investigation of a divorcing husband.

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Latest Ninth Circuit Decision on Rule 26 Discovery From Testifying Experts.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Attorney Work Product, Court Rules, Court Rules, Discovery, Evidence, Expert Witness, Experts, Federal District Court Rules, Federal Rules of Evidence, Requests for Production, Rule 26, Trial Tips and Techniques

≈ Comments Off on Latest Ninth Circuit Decision on Rule 26 Discovery From Testifying Experts.

Tags

9th Circuit Court of Appeals, Chevron, Cogent Legal Blog, Court Rules, Expert Witnesses, Federal Rule 26, Michael Kelleher, Paul Hastings, Republic of Ecuador v. Mackay, Work Product Objection

Ninth Circuit Rules on Scope of Discovery from Testifying Experts, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/knvhgv2

[A] new Ninth Circuit decision about the scope of expert discovery in federal court caught our attention. The decision in Republic of Ecuador v. Mackay, No. 12-15572 (9th Cir. Jan. 31, 2014) poses the question: where the expert has served both as a confidential advisor to counsel and as a testifying expert, may counsel withhold documents shared with the expert by asserting an opinion work product objection? The short answer is no—documents from testifying experts must be produced unless protected by Federal Rule of Civil Procedure 26(b)(4).

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

An Argument For Teaching Psychology In Legal Writing.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Legal Writing, Psychology

≈ Comments Off on An Argument For Teaching Psychology In Legal Writing.

Tags

Lawrence M. Solan, Legal Skills Prof Blog, Legal Writing, Legal Writing Courses, Psychology, Social Science Research Notebook

Four Reasons to Teach Psychology to Legal Writing Students, by Lawrence M. Solan, Social Science Research Notebook (with hat tip to Legal Skills Prof Blog)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2391974

Abstract:

Over the past quarter century we have learned a great deal about psychological biases that are by-products of the strategies we use in everyday reasoning. This essay invites educators to introduce some basic facts about these biases to students in legal writing courses. By teaching students to understand the psychological phenomena that underlie some of the core strategies of good legal writing, legal writing instructors may help students to internalize more of what they learn in legal writing classes. This will make it more likely that they will be able to transfer the skills to tasks performed in their legal careers.

While a number of psychological biases are relevant to good legal writing, the essay describes four: the preference for simple writing; the confirmation bias (causing us to ignore evidence that contradicts positions we have taken); the correspondence bias (overemphasizing character and undervaluing context in explaining an individual’s conduct); and the bias blind spot (thinking we ourselves are less susceptible to these biases than are people in general). The essay suggests ways to introduce each of these psychological phenomena into the legal writing course in ways that should enhance the student’s sensitivity to these important issues, and not take up too much class time.

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Appellate Procedure Resource Guide for State Courts.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Judges, Appellate Law, Court Rules, Courts, Intermediate Appellate Courts, Judges, Pro Se Guides, State Appellate Courts, Unpublished Opinions

≈ Comments Off on Appellate Procedure Resource Guide for State Courts.

Tags

Appellate ADR, Appellate Case Management, Appellate Judges, Appellate Procedure, Appellate Procedure Resource Guide, Filing Fees, Intermediate Appellate Courts, National Center of State Courts, Pro Se Appeal Guides, Statistics and Trends, Unpublished Opinions

Appellate Procedure Resource Guide, National Center of State Courts

http://www.ncsc.org/Topics/Appellate/Appellate-Procedure/Resource-Guide.aspx

There is a plethora of information here. It is diverse and abundant. Once you arrive at the website, please take your time and browse each section. Please do not overlook the button to the far right for “Companion Sights.” -CCE

The most common structure for a state appellate court system involves one court of last resort with largely discretionary review, commonly called a supreme court, and one intermediate appellate court with largely mandatory review.  Because of this jurisdiction, the intermediate appellate court is the court of final review for the vast majority of state court appeals. Ten states are without an intermediate appellate court. Various combinations based on mandatory versus discretionary jurisdiction, size of the courts, use of panels, geographical divisions, and division between criminal and civil jurisdiction by court exist in the state appellate systems.

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Good Advice On How to Avoid Embarrassing Mistakes In An Appeal.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Appellate Law, Bad Legal Writing, Brief Writing, Case Law, Citations, Citations to the Record, Legal Analysis, Legal Writing, Mandatory Law, Primary Law, Proofreading, Research, Statement of Facts, Texas Supreme Court

≈ Comments Off on Good Advice On How to Avoid Embarrassing Mistakes In An Appeal.

Tags

Appellate Briefs, Appellate Law, Appellate Lawyer, Chad M. Ruback, Citations, Citations to the Record, Hyperbole, Justice Debra Lehrmann, Legal Writing, Proofreading, Statement of Facts, Texas Supreme Court

Common Mistakes Seen in Appellate Petitions and Briefs, by Chad M. Ruback, Appellate Lawyer

http://news.appeal.pro/appeals-to-texas-supreme-court/appellate-petitions-and-briefs/

Mr. Ruback served as a briefing attorney to the Fort Worth Court of Appeals. Here he shares the common mistakes that are normally seen in appellate writing. Because an appellate court never questions witnesses or hears evidence, the written documents submitted by the parties are all it has upon which to base its ruling. Sloppy and lengthy garbled arguments simply will not do. Mr. Ruback’s comments are worth noting.

I would like to add to Mr. Ruback’s list – neglecting to verify the accuracy of the appellate record while it remains in the jurisdiction of the trial court. It is a simple exercise to compare the record compiled by the trial court clerk using the Designation of Record and Counter-Designation of Record to make sure that the record is accurate.

This may seem a waste of time until the appellate record includes a deposition that was never admitted into evidence or a crucial piece of evidence is overlooked by the court clerk who assembled record for the appeal. No one is perfect; mistakes can happen.

Too often, counsel ignore this simple step. Personally, I would make sure the person you send to check the record put the trial exhibits together and/or was part of the trial team. Or to put it another way – how do you explain to a client that you couldl have avoided the appeal’s fatal flaw if you had checked the record before it was sent up on appeal? -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Legal Writing Faculty – It’s Okay To Sweat The Small Stuff.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Citations, Education, Legal Writing, Legalese, Paralegals/Legal Assistants, The Bluebook

≈ Comments Off on Legal Writing Faculty – It’s Okay To Sweat The Small Stuff.

Tags

Above the Law (blog), Joe Patrice, Legal Assistants, Legal Writing, Legal Writing Course, Legal Writing Prof Blog, Local Rules, Louisa Heiny, NYU, Paralegals, S.J. Quinney College of Law, Santa Clara Law Professor Ray Bernstein, University of Utah, Yale

A Law Professor’s Detailed, Thoughtful, and Comprehensive ‘Local Rules’ for Class: A Response to “Above the Law,” Legal Writing Prof Blog (guest post from Louisa Heiny, Adjunct Professor of Law at the S.J. Quinney College of Law of the University of Utah, responding to recent post at Above The Law Blog)

http://lawprofessors.typepad.com/legalwriting/2014/02/atl.html

I used to teach Legal Writing and Legal Analysis to paralegals. Students had to work hard to earn a good grade in those classes. Some students appreciated the emphasis on grammar and punctuation, adhering strictly to court rules and the Bluebook, the eradication of legalese, and the insistence that details matter. Regrettably, not every student felt the same way, and missed the point. There was a reason why the bar was set high for my students. I wanted them to succeed once they were on the job.

If I learned anything from teaching, it was that the majority of students, when challenged, will work hard to meet high standards and expectations set for the class. If a teacher’s expectation are low, the work turned in will be mediocre at best. Both law and paralegal students face tough competition upon graduation. Quality matters more than ever.

It is nice to see that there are still legal writing faculty who set insist on quality. -CCE

I admit it: I read Above the Law. I read it every day. It’s even on my Facebook feed. It’s sometimes snarky, often witty, and has published some of the most ridiculously funny cease and desist letters I’ve ever seen. I use material from Above the Law in class to show students what not to do.

I’ll also admit that when I read the headline in Above the Law, ‘A Law Professor’s Detailed, Ridiculous, Condescending ‘Local Rules’ For Class,’ I panicked. There was a serious possibility that I was about to read my own syllabus. I’m an adjunct, so there was also a possibility that I was about to be fired.

After a moment’s relief that I was not the target of ATL’s ire, I read the article. Written by Joe Patrice, the post skewers the ‘local rules’ created by Santa Clara Law Professor Ray Bernstein for his legal writing class. While my own syllabus isn’t as detailed, Professor Bernstein has created a detailed, thoughtful, and comprehensive set of local rules designed to put students on notice of class requirements, as well as prepare them for the practice of law. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Federal Court Rejects Portland’s Panhandling Ordinance.

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Constitution, First Amendment, Municipal Code, Municipal Law, Panhandling

≈ Comments Off on Federal Court Rejects Portland’s Panhandling Ordinance.

Tags

Anti-Camping, First Amendment, Homeless, Mayor Charlie Hales, Muncipality, Oregon, Panhandlers, Portland, U.S. Constitution, U.S. District Judge George Z. Singal

 Our View: Rejection Of Median-Strip Panhandling Ban Right Call For Portland, Portland Press Herald

http://tinyurl.com/l6o3gdp

It is estimated that 4,000 homeless people sleep on Portland’s streets. Portland’s Mayor Charlie Hales has been taking various measures since last summer to address with Portland’s homeless situation. Mayor Hales has said he wants to crack down on homeless camps by increasing homeless shelters, but has not set any specific amount for pay for shelters.

The Mayor’s anti-camping law allows police to “sweep” homeless  on sidewalks. In a “sweep,” the police discard the homeless’ few possessions, including warm clothing and blankets, in spite of the number of homeless who have frozen to death.

Mayor Hales says this law is not about homelessness but about lawlessness. Unfortunately for Mayor Hales, his actions have galvanized grass roots protesters to head this week towards City Hall with – literally – pitchforks and torches.

To the Portland Police Department’s credit, it responded to the recent extremely cold conditions by moving people to shelter. The Fire Department also did its part to help. Normally around 1,000 shelter beds are available for the homeless, but various agencies, such as the Red Cross, provided 350 more shelter beds.

This will, I hope, give you an idea of the scope of the homeless situation in Portland, the struggle to address it, and set the stage for the case discussed in this post from the Portland Press Herald.  An ordinance forbidding panhandling purportedly to address “public safety” has been struck down by a federal judge in support of the First Amendment. -CCE

There is something disturbing about seeing men and women standing near the roadway holding signs and asking for help. It’s hard to ignore a median-strip panhandler when you are sitting in a car stopped at a red light. It makes some people feel angry, others threatened.

Moving panhandlers off the median strips did not fix any of the real problems of poverty in Portland, but neither does knocking down the ordinance that banned them. City leaders should keep working to address the real problems of homelessness and extreme poverty.

But that’s not enough to override the First Amendment to the Constitution, according to U.S. District Judge George Z. Singal. In his ruling Wednesday, Singal struck down a Portland ordinance that banned standing in median strips by pedestrians as ‘content-based restriction on free speech.’

Judge Singal saw right through the city’s claim that the goal of the ordinance was to protect public safety, correctly pointing out that the ordinance did not prohibit people from posting campaign signs on the medians, which is at least as dangerous as standing still. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

iPhone J.D.’s Latest “In The News”

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Apple, Cell Phones, Google, iPad, iPhones, Legal Technology, Mac, Tablets

≈ Comments Off on iPhone J.D.’s Latest “In The News”

Tags

Alan Cohen, Apple, AppleInsider, Brian Chen, Daring Fireball, Good Technology, IDG News Service, Investors.com, iPad, iPhone, iPhone J.D. Blog, Jeff Richardson, Jeffrey Taylor, John Gruber, Juan Carlos Perez, Laptop, Law Technology News, New York Times, Patrick Seitz, Samsung, The Droid Lawyer, Tim Cook, Tom Mighell, Wall Street Journal

In The News, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/kn6r3xt

Another excellent review of legal technology news for the past week. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Apple and Google Fighting Patent Trolls In the U.S. Supreme Court.

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Apple, Google, Intellectual Property, Legal Technology, Patent Law, U.S. Court of Appeals for the Federal Circuit, United States Supreme Court

≈ Comments Off on Apple and Google Fighting Patent Trolls In the U.S. Supreme Court.

Tags

Allcare Health Management Systems, Apple, BloombergBusinessweek, Charlene Morrow, Cisco Systems, Facebook, Google, Greg Stohr, Intel, Octane Fitness, Patent Freedom, Patent Infringement, Patent Trolls, Silicon Valley, Susan Decker, U.S. Court of Appeals for the Federal Circuit, U.S. Supreme Court, Verizon, Yahoo

The Supreme Court Takes on Patent Trolls, by Greg Stohr and Susan Decker, Technology, BloombergBusinessweek

http://tinyurl.com/mav2rc4

Apple (AAPL) and Google (GOOG) say they’re tired of being slapped with baseless patent suits that cost them millions in legal fees. Now they’re asking the U.S. Supreme Court to let them hit back. The two are leading a group of companies urging the court to make it easier for businesses to recover legal costs when they win a patent infringement suit. In two cases to be argued this month, the justices will hear them out.

More than 100,000 businesses were threatened in 2012 by ‘patent assertion entities.’ Often derided as patent trolls, these companies get most of their revenue from licensing patents and from suing other companies for infringement. They filed 19 percent of all patent lawsuits from 2007 to 2011, according to the Government Accountability Office. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Keeping It Short and Sweet.

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Criminal Law, Legal Writing, Texas Supreme Court

≈ Comments Off on Keeping It Short and Sweet.

Tags

Carving Doctrine, Ex parte McWilliams, Good Legal Writing, Presiding Judge Onion, Texas Supreme Court, Tiffany Johnson

Less is More, by Tiffany Johnson, Good Legal Writing

http://goodlegalwriting.com/2014/01/03/less-is-more/

I happened upon this interesting dissent in my research recently.  If you can forgive the biting tone (note the judge’s befitting name), I think the minimalist technique is pretty effective.  It’s not bogged down with preachy legalese.  It doesn’t pontificate or soliloquize. It’s short and (not so) sweet. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Amending the Proposed Amendments

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Amending the Proposed Amendments

Craig Ball shares his thoughts on comments already made, the extension of the amendment comments deadline, and the comment he intends to make once the submission web page is back up and running. -CCE

craigball's avatarBall in your Court

drawing boardToday was ostensibly the last day for public comment on the proposed amendments to the Federal Rules of Civil Procedure.  The good news for other procrastinators is that the submission deadline has been extended to accommodate scheduled website maintenance,  The new deadline for submitting public comments is 11:59 PM ET on Tuesday, February 18, 2014.  Over a thousand comments have been submitted, and I’ve been trying to wade through them, unsurprised at the deep division between plaintiffs and corporate interests.  I can’t recall another time when so much has been spent by corporate lobbyists to influence the civil rulemaking process.  Clearly, corporate America expects a bigger payoff from these proposed amendments than I do.

Notwithstanding their strengths, there are aspects of the proposed amendments that should go back to the drawing board.  Many commentators focus on problems with Proposed Rule 26 and it’s efforts to narrow the scope of discovery…

View original post 1,301 more words

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Canada’s Paralegal Licensing Process.

14 Friday Feb 2014

Posted by Celia C. Elwell, RP in Canada Licensing

≈ Comments Off on Canada’s Paralegal Licensing Process.

Tags

Canada, Entry Level Competencies, Paralegal Licensing Process, Paralegals, The Law Society of Upper Canada

Paralegal Licensing Process, The Law Society of Upper Canada

http://www.lsuc.on.ca/licensingprocessparalegal/

To provide services effectively and in the public interest, Canada’s Paralegal Licensing Process requires candidates to possess the required entry-level competencies. This website sets out the admission qualifications through various options explained at this link.

In your opinion, do these entry-level requirements adequately protect the public and sufficiently define the role of paralegals in Canada? -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Did 9th Circuit Kill Gun Control In Response to 7th Circuit Case?

14 Friday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Constitution, Second Amendment, United States Supreme Court

≈ Comments Off on Did 9th Circuit Kill Gun Control In Response to 7th Circuit Case?

Did The 9th Circuit Court Just Kill Gun Control?, by Michael McGough, Los Angeles Times – Opinion

http://tinyurl.com/n3t49v9

Last year, after the U.S. 7th Circuit Court of Appeals struck down Illinois’ blanket ban on the carrying of “ready to use” guns outside the home, a Los Angeles Times editorial said this:

‘Even if it were affirmed by the Supreme Court, the 7th Circuit’s decision probably wouldn’t threaten most state laws that impose sensible restrictions on the carrying of firearms. (In California, applicants for a ‘carry a concealed weapon’ permit must prove that they are of ‘good moral character,’ have sufficient cause to carry a weapon and have received firearms training.)’

We were wrong — sort of.

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

iPad Apps from Tom Mighell’s 2014 Webinar.

14 Friday Feb 2014

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

≈ Comments Off on iPad Apps from Tom Mighell’s 2014 Webinar.

Tags

Apps, iPad, iPads, Legal Productivity Blog, One Hour for Lawyers, Tim Baran, Tom Mighell, Webinar

Roundup of Apps from iPad for Lawyers Webinar (2014), by Tim Baran, Legal Productivity

http://tinyurl.com/mbs5tlor

Tom Mighell, author of iPad Apps in One Hour for Lawyers, put on another widely popular webinar for us. Here’s the much requested list of iPad apps he covered.

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Follow The Money – Campaign Contributions for State and Federal Politics.

13 Thursday Feb 2014

Posted by Celia C. Elwell, RP in Campaign Contributions, Election Laws, Freedom of Information Act, Government

≈ Comments Off on Follow The Money – Campaign Contributions for State and Federal Politics.

Tags

Campaign Contributions, Districts, Follow The Money, Government, Legislators, Political Donations, Politics

Follow The Money, National Institute on Money

http://www.followthemoney.org/index.phtml

Online resource for campaign contributions for state and federal politics. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

$17 Million – Likely Largest Ever Wrongful Workplace Death Settlement.

13 Thursday Feb 2014

Posted by Celia C. Elwell, RP in Damages, Employment Law, Evidence, Government, Litigation, Negligence, OSHA, Settlement, Wrongful Death

≈ Comments Off on $17 Million – Likely Largest Ever Wrongful Workplace Death Settlement.

Tags

Adam Nowak Sr., Crane Accident, EHS Today, Electrician, Grays Ferry, Josh Cable, Litigation, Negligence, OSHA, Pennsylvania County, Robert Mongeluzzi, Safety, Settlement, Steam Plant, Unforeseeable Act, Veolia Energy, Workplace Safety, Wrongful Death

Philadelphia Electrician’s Widow to Receive Record $17 Million in Wrongful-Death Settlement, by Josh Cable, EHS Today

http://tinyurl.com/mx9kqq5

The widow of an electrician who died in a crane accident at Veolia Energy’s Schuylkill steam plant in Grays Ferry, Pa., will receive $17 million, in what is believed to be the largest wrongful-workplace-death settlement in Philadelphia County history. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Tax Audit Triggers and How To Avoid Them.

13 Thursday Feb 2014

Posted by Celia C. Elwell, RP in Finance and Banking Law, Government, Internal Revenue Service

≈ Comments Off on Tax Audit Triggers and How To Avoid Them.

Tags

Accounting, Contractors, Deadlines, E-Filing, Finances, Gross Revenue, IRS, Net Income, Quicken Docstoc, Receipts, Red Flags, Self-Employment, Social Media Profile, Sole Proprietor, Tax Audit, Tax Deductions, Vacations

10 Red Flags That Can Cause a Tax Audit, by Docstoc Articles, Quicken Docstoc

http://tinyurl.com/my99j5b

There are plenty of common audit triggers that business owners know to avoid. Never mix your business and personal finances. Don’t deduct things without receipts. Most of these preventative measures come down to common sense.

However, every year countless businesses get hit with an audit they never saw coming, and it ends up wasting their precious time and money. Where did they go wrong? Here are 10 little-known audit triggers that every business should know (and some suggestions on how to avoid them) . . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

LinkedIn – Checked Your Profile Lately?

12 Wednesday Feb 2014

Posted by Celia C. Elwell, RP in Advertising, Law Office Management, Marketing, Using Social Media

≈ Comments Off on LinkedIn – Checked Your Profile Lately?

Tags

Brian Zisk, Derek Lazarro, Forbes, Jeremy Pepper, Karey Rees, Kathleen Kilian Wainscott, Klout Score, LinkedIn, Networking, Profile, Rachael Hand, Rob Asghar, Social media, Susan Wampler, Veronica Belmont, William Arruda

Your LinkedIn Profile: Go Big Or Go Home, by Rob Asghar, Contributor, Forbes

http://tinyurl.com/letyp5d

LinkedIn is an enigma. It now has some 260 million users, and it’s a daily routine for millions of ambitious professionals. But millions of others reluctantly create profiles, feel guilty for not having a stronger profile, and wonder, ‘Does anybody really get a better job through this thing anyway?’

Some do, but that’s not really the point. The point is that you need to take control of your personal and professional branding on the Internet.

For most people, their LinkedIn profile isn’t just their online resume, it’s a window into their existence. It allows others to quickly find out about your background, your competence, your network–and, above all, your sense of self. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Paralegal Education – Which School Should You Pick and Why?

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Education, Paralegals/Legal Assistants, Professional Organizations

≈ Comments Off on Paralegal Education – Which School Should You Pick and Why?

Tags

ABA Standing Committee on Paralegals, ABA-Approved Paralegal Programs, Education, Legal Assistants, Paralegal, Paralegal Programs

The paralegal profession is changing. Some states are licensing and registering paralegals, and have established mandatory education or other criteria for paralegals. Other states are considering their example, and may make similar requirements. Case law has already has set standards for the type of paralegal work that can be recovered by the winning party in attorney fee applications.

There are many non-lawyers working in law offices who want the title of legal assistant or paralegal. Some enroll in what are commonly called “weekend wonders” – an abbreviated paralegal education program that puts money in the pockets of the school but does little to prepare its graduates for an ever-increasingly competitive job market.

Let’s think about this for a minute. Why did you pick that particular school? Who recommended it? Did you have to take out a loan to pay for the entire program before you could take a class? What if, after you start the classes, you decide that you really are not interested in becoming a paralegal? You are still on the hook for the entire loan even when you leave the school. If you believe a program is the best, be sure you are committed to becoming a member of this profession before taking out that loan.

Paralegals and lawyers are trained differently. Paralegals learn the theory of the law, but also the nuts and bolts of how things are done in a law office. Not all lawyers who teach paralegals understand that difference.

When I was in paralegal school, the majority of my professors were lawyers and outstanding teachers. They did not teach us in the same manner they were trained in law school, but as paralegals. If an instructor has neither worked with a paralegal nor understands the basics you are expected to know when you start your first job, this should be a red flag.

Do what any good paralegal would do. Perform your own due diligence by researching the program and its curriculum. The ABA’s Standing Committee on Paralegals (http://tinyurl.com/cc7n43p) has set recognized standards for quality paralegal education. It also provides a directory of ABA-approved paralegal programs.  (http://tinyurl.com/lhgezwm.) It is worth your time to research this recognized standard and compare it to the curriculum of whatever schools you consider. If nothing else, it may prevent you from making a costly mistake.

If you are not sure whether your paralegal program is up to snuff, contact the paralegals in your state. Call the local, state, and national paralegal associations, and ask for a recommendation or their opinion of the program of your choice. Yes, they will likely be biased, but they may also have good reason to be.

Talk to more than one person in the association. Ask hard questions. But most importantly, find out what kind of education and credentials are expected by the attorneys and law firms in your state. After all, you want to be marketable and find a job after graduation. It only makes sense to swim with the current, not against it.

Regardless of what path you choose, I wish you all the best. When one of us looks good, I truly believe it makes us all look good. Please avoid putting anyone else down to build yourself up. Not only is it unprofessional, it is not kind. One never regrets taking the high road. I suspect that you will, like me, have at least one person who will help you learn the ropes when you start your career. When you have the opportunity – and you will – please pay it forward.  -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

A New Theory of Hearsay – Part 2.

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in 1st Circuit Court of Appeals, Admissibility, Criminal Law, Evidence, Federal Rules of Evidence, Hearsay, Trial Tips and Techniques, Witnesses

≈ Comments Off on A New Theory of Hearsay – Part 2.

Tags

Colin Miller, Criminal Defendants, Evidence, Evidence ProfBlogger, EvidenceProf Blog, Federal Rule of Evidence, Hearsay, Hearsay Exception, Impeach, Nonhearsay Purpose, Rule 609

A New Theory of Hearsay, Take 2: Rule 609(a)(1)(B) & Statements Offered For a Nonhearsay Purpose, by Evidence ProfBlogger (Colin Miller, Editor), EvidenceProf Blog

http://tinyurl.com/m8pcyw8

Dan is on trial for aggravated battery. He has a prior conviction for aggravated battery. After Dan testifies, the prosecution seeks to impeach him through evidence of his five year-old conviction for armed robbery. To be admissible, the evidence cannot simply satisfy Federal Rule of Evidence 403; instead, pursuant to Federal Rule of Evidence 609(a)(1)(B), the prosecution must affirmatively prove that the probative value of the conviction outweighs its prejudicial effect.

A defendant calls an alibi witness at trial. After the alibi witness testifies on direct examination, the prosecution seeks to impeach him with evidence of a prior inconsistent statement that tends to incriminate the defendant. The prior statement is hearsay and only admissible to impeach that alibi witness, not to prove the truth of the matter asserted. My question today is: Should courts apply the same modified Rule 403 analysis that they would apply in the case above?

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

A New Theory of Hearsay – Part 1.

11 Tuesday Feb 2014

Posted by Celia C. Elwell, RP in Admissibility, Evidence, Federal Rules of Evidence, Hearsay, Trial Tips and Techniques, Witnesses

≈ Comments Off on A New Theory of Hearsay – Part 1.

Tags

Character Evidence, Colin Miller, Evidence, Evidence ProfBlogger, EvidenceProf Blog, Federal Rules of Evidence, Hearsay, Hearsay Declarant, Hearsay Exceptions, Objections, Witness

A New Theory of Hearsay: Incorporating Rule 403 Into the Hearsay Analysis, by Evidence ProfBlogger (Colin Miller, Editor), EvidenceProf Blog

http://tinyurl.com/m6fchaq

Federal Rule of Evidence 803 provides exceptions to the rule against hearsay that apply regardless of the availability of the hearsay declarant. Federal Rule of Evidence 804 provides exceptions to the rule against hearsay that apply if the hearsay declarant is ‘unavailable.’ As exceptions to the rule against hearsay, these Rules merely place qualifying statements beyond the scope of Federal Rule of Evidence 802. And what this means is that, like all evidence, statements falling under a hearsay exception must be relevant under Federal Rule of Evidence 401 and have a probative value that is not substantially outweighed by dangers such as the danger of unfair prejudice under Federal Rule of Evidence 403. And yet, parties almost never make Rule 403 objections to evidence offered under a hearsay exception, and courts almost never sustain such objections. Why?

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...
← Older posts
Newer posts →
Follow The Researching Paralegal on WordPress.com

Enter your email address to follow this blog and receive notifications of new posts by email.

Search

Sign In/Register

  • Create account
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Categories

Archives

  • June 2024
  • March 2022
  • January 2022
  • November 2021
  • October 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • January 2020
  • December 2019
  • October 2019
  • August 2019
  • July 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013

Recent Comments

lawyersonia's avatarlawyersonia on In Custodia Legis – Lega…
Eric Voigt's avatarEric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt's avatarprofvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999's avatarmadlaw291282999 on Using Hyperbole -Are You Riski…

Recent Comments

lawyersonia's avatarlawyersonia on In Custodia Legis – Lega…
Eric Voigt's avatarEric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt's avatarprofvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999's avatarmadlaw291282999 on Using Hyperbole -Are You Riski…
  • RSS - Posts
  • RSS - Comments

Blog at WordPress.com.

  • Subscribe Subscribed
    • The Researching Paralegal
    • Join 460 other subscribers
    • Already have a WordPress.com account? Log in now.
    • The Researching Paralegal
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar

Loading Comments...

You must be logged in to post a comment.

    %d