Author Archives: Celia C. Elwell, RP

Scare Quotes.

12 Tuesday Apr 2016

Posted by in Legal Writing, Quotations

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How Scare Quotes Are Saving Legal Writing, by Brendan Kenny, Lawyerist.com

http://bit.ly/1Q5OVDY

Much has been written about the poor state of lawyers’ writing, but less about their punctuation. For years, grammarians and writing gurus have bemoaned misuses of quotation marks—and these misuses are legion. But for lawyers, quotation-mark abuse may not be so bad. And using scare quotes might be the beginning of better legal writing. That’s because lawyers put scare quotes on words, terms, and phrases they would not use otherwise. And if scare quotes make lawyers comfortable enough to start using more plain language, their use might be a good thing.

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More Extensions and Add-On’s To Make Your Day More Productive.

12 Tuesday Apr 2016

Posted by in Extensions and Add-Ons, Legal Technology

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Productivity in Your Browser: Extensions and Add-Ons for Lawyers, by Tim Baran, Legal Productivity

http://www.legalproductivity.com/practice-management/browser-extensions-legal/

Do these things really make us more productive? For me, sometimes yes and sometimes no, but always worth checking out. -CCE

Extensions and add-ons increase productivity by adding new features and enhancing the functionality of web browsers and applications. Here are a few that lawyers will find useful.

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“Smart” Cars and Hackers – We Should Have Seen This One Coming.

06 Wednesday Apr 2016

Posted by in Computer Forensics, Computer Fraud and Abuse Act, Cybersecurity, Identity Theft

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Markey Report Reveals Automobile Security and Privacy Vulnerabilities, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/markey-report-reveals-automobile-security-privacy-vulnerabilities/

New standards are needed to plug security and privacy gaps in our cars and trucks, according to a report released today by Senator Edward J. Markey (D-Mass.). The report, called Tracking & Hacking: Security & Privacy Gaps Put American Drivers at Risk and first reported on by CBS News’ 60 Minutes, reveals how sixteen major automobile manufacturers responded to questions from Senator Markey in 2014 about how vehicles may be vulnerable to hackers, and how driver information is collected and protected. . . .

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Communication Tactics and Jury Persuasion.

03 Sunday Apr 2016

Posted by in Jury Persuasion, Litigation, Trial Tips and Techniques

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What Trial Lawyers Can Learn From Donald Trump, by Paul Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/what-trial-lawyers-can-learn-from-donald-trump

No, I’m not talking about politics. I’m talking about communication tactics employed by Donald Trump.

Omaha Nebraska jury consultant David Clark and I have engaged in an exchange of emails over a  long period of time about the general subject of communication and in particular techniques taught at the Spence Trial College. However, since the presidential campaign has become active, our communications have focused upon Donald Trump and his communication style. Not because we are particularly interested in his political positions but because we both recognized that he employed significant communication techniques most people ignored. While most people regard him with intellectual disdain and are appalled by his verbal conduct, we believe there is a substantial amount of unrecognized communication tactics being used either knowingly or not. These are some significant techniques that we all should evaluate. . . .

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Craig Ball Presents “Introduction to Discovery in U.S. Civil Litigation.

03 Sunday Apr 2016

Posted by in Civil Procedure, Discovery, E-Discovery, Federal Rules of Discovery, Litigation, Research

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Introduction to Discovery in U.S. Civil Litigation, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2016/04/03/introduction-to-discovery-in-u-s-civil-litigation/

Thank you, Craig Ball, for generously sharing your materials. If you have any interest whatsoever in litigation, this is a “must” read. -CCE

I am fortunate to teach electronic discovery and digital evidence in many venues. . . .

All of these entail accompanying written material, so there is a lot of research and writing for the various courses and presentations.  Some of my students aren’t lawyers or are law students with the barest theoretical understanding of discovery.  I’ve found it’s never safe to assume that students know the mechanisms of last-century civil discovery, let alone those of modern e-discovery.  Accordingly, I penned the following short introduction to discovery in U.S. civil litigation and offer it here in case you need something like it, especially if you’re also teaching this stuff.  [It’s copyrighted, but feel free to use it with attribution]. . . .

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The Oklahoma Supreme Court Sanctions Attorney for Computer Illiteracy.

31 Thursday Mar 2016

Posted by in Attorney Discipline, Bankruptcy Court Rules, Bankruptcy Law, Diligence, Legal Ethics, Oklahoma Supreme Court, Sanctions, Technology

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Oklahoma Accepts Computer Illiteracy As Mitigation: Censure Imposed, by Mike Frisch, Legal Profession Blog (with hat tip to William P. Statsky!)

http://bit.ly/1MFG9S8

No doubt you have seen posts here and elsewhere that discuss whether computer competency is now required due diligence for attorneys. The Oklahoma Supreme Court bench-slammed an older attorney for his lack of computer literacy. But, before you make up your mind, read the dissent. -CCE

 

“Oklahoma Tax Help” – The Tax Expert You Want When It Goes From the Frying Pan Into the Fire.

31 Thursday Mar 2016

Posted by in Innocent Spouse, Internal Revenue Service, Offer In Compromise, Probate, Probate and Trusts, Real Estate and Property Law, Tax Law, Tax Resolution

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Oklahoma Tax Help, Shawn J. Roberts Blog

http://www.shawnjroberts.com/are-you-ready-for-a-new-kind-of-tax-problem-help-oklahoma-tax-help-is-here/

Shawn J. Roberts and Dale B. Cazes are co-founders of Cazes Roberts, PLLC, in Oklahoma City. Resolving really sticky tax problems is one of their specialties. How do I know? I work there.

There are many reasons why people find themselves in a horrible tax dilemma. Maybe a husband or wife fails to pay the couple’s taxes, and keeps the spouse in the dark. A self-employed worker repeatedly fails to pay self-employment taxes, and finds that the IRS penalties and interest have made his tax debt astronomical.  

What if dad dies suddenly, and his surviving children find out that dad had not paid personal or business taxes for years? There is a big, fat tax lien on the property and the father’s estate. Suddenly, the surviving family is left wondering whether the tax debt will eat up their inheritance.  

Sometimes, running afoul with the IRS or the Oklahoma Tax Commission is not in your control. Regardless, if you are in this stressful situation, you can become desperate looking for someone who says he or she can help. Look hard before you leap. -CCE

Oklahoma Tax Help fights for individuals and companies to get relief from IRS or Oklahoma Tax Commission (“OTC”) tax problems. The IRS is the most powerful collection agency in the world and when it focuses its resources on an individual or company, the pressure is excruciating (so too with the OTC).  For example, an individual’s state-issued professional license (e.g., doctor, nurse, attorney, engineer or anyone else who has a state-issued license) or a company’s sales tax permit, can be suspended for failure to pay taxes.

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Oklahoma Tax Help was spawned by hearing from people who responded to the onslaught of television and radio advertising from tax resolution firms offering tax debt help, who found out those resolution firms charge astronomical rates and demand the entire cost up front. [P]eople found out those firms often take your case and take your money without getting enough information to determine whether they can realistically help you.

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Casemaker and Fastcase – Why Can’t We All Get Along?

29 Tuesday Mar 2016

Posted by in Casemaker, FastCase, Research

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Casemaker Says It Won’t Fight Fastcase Lawsuit Over Georgia Law, by Robert Ambrogi, Law Sites Blog

http://bit.ly/1SvAAF3

Legal publisher Casemaker will not fight the lawsuit filed against it by Fastcase over copyright in Georgia law, its CEO David Harriman told me today. The company agrees that state law should not be subject to copyright and will not file an answer to Fastcase’s complaint, he said. That means that the court could enter a default judgment in Fastcase’s favor. . . .

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Bluebook Wars!

27 Sunday Mar 2016

Posted by in Citations, Legal Writing, The Bluebook

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Bluebook War(s), Barco 2.0 : Law Library Reference,  from the Librarians of the Barco Law Library, University of Pittsburgh School of Law (with hat tip to William P. Statsky!)

http://bit.ly/1UwiLtp

The Bluebook, for most legal professionals, is the legal citation Bible. It is required by law schools, law libraries, and multiple state and federal courts as the required guide to legal citation. It has come under attack for its frequent revisions that contain minor changes to citation form.

Since 2009, it has also been under attack for other reasons – those who want to take it away from its current publishers and put it in the public domain. Carl Malamud of Public Resource leads the charge. -CCE

Texas’ Voter ID Law – Challenged Again.

27 Sunday Mar 2016

Posted by in Civil Rights, Constitutional Law, Racial Discrimination

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New Challenge To Texas Voter ID Law, by Lyle Denniston, SCOTUSblog

http://bit.ly/1WSr93M

The long-running controversy over a Texas voter ID requirement — a dispute that once kept Justice Ruth Bader Ginsburg up all night writing a dissent — returned to the Supreme Court on Friday as challengers sought again to stop the law’s enforcement.  The application (Veasey v. Abbott, 15A999) can be found here; it argued that the law is the strictest in the nation in its demands for identification before a voter may cast a ballot. . . .

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Want The Jury to Pay Attention? Use Good Storytelling Skills.

17 Thursday Mar 2016

Posted by in Employment Law, Jury Persuasion, Litigation, Race Discrimination, Trial Tips and Techniques

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25 Million Reasons To Tell A Good Story, by John Hyman, Ohio Employer’s Law Blog

http://www.ohioemployerlawblog.com/2012/06/25-million-reasons-to-tell-good-story.html

Trying an employment case to a jury is an art. You are limited by a jury’s attention span (which, by the way, is getting worse as a result of 1,000 channel cable systems and 140 character tweets) to convey your message as quickly and as simply as possible. Complex legal arguments are out; creative storytelling built around a unified theme is in. . . .

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Need An Excel Formula Cheat Sheet? Here You Go!

17 Thursday Mar 2016

Posted by in Excel, Legal Technology

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Your Excel Formulas Cheat Sheet: 15 Tips For Calculations And Common Tasks, by J.D. Sartain, PC World

http://bit.ly/1R7v5d7

Many of us fell in love with Excel as we delved into its deep and sophisticated formula features. Because there are multiple ways to get results, you can decide which method works best for you. . . .

Free Research Guides from PACE Law School Library.

17 Thursday Mar 2016

Posted by in Administrative Law, Corporate Law, Criminal Law, Elder Law, Environment Law, Immigration Law, Intellectual Property, International Law, Law Libraries, Legal Ethics, Research, Trial Tips and Techniques

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Research Guides, Pace Law School Library

http://libraryguides.law.pace.edu/index.php

Administrative Law, Bar Exam, Copyright and IP Law, Corporate, Business & Securities Law, Criminal Law and Procedure, Environmental and Energy Law, Health and Elder Law, Immigration Law, International and Foreign Law, Land Use Law, and more. Definitely worth a look. -CCE

Evernote Users, Take Note – OneNote, That Is.

15 Tuesday Mar 2016

Posted by in Evernote, Legal Technology, OneNote

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Microsoft Goes After Evernote With OneNote Transfer Tool, by Angela Moscaritolo, PC World

http://www.pcmag.com/article2/0,2817,2500700,00.asp

Redmond [Microsoft] just fired the first battle shot, releasing a tool that lets you easily transfer all your to-dos from Evernote to its own OneNote service. . . .

While both services are available across platforms, OneNote offers additional benefits like free offline access to notes on mobile, unlimited monthly uploads, and the ability to “write anywhere on the page with free-form canvas,” Microsoft said. . . .

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Brief Writing – The Summary of the Argument.

13 Sunday Mar 2016

Posted by in Bad Legal Writing, Brief Writing, Legal Analysis, Legal Argument, Legal Writing, Persuasive Writing, Summary of the Argument

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Drafting the Summary of Argument, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://lawprofessors.typepad.com/legal_skills/2016/03/drafting-the-summary-of-argument.html

Although not all courts require a “Summary of the Argument” in major briefs, you might consider adding one nonetheless. It is the heart of your brief. It concisely sums up your argument – no fluff allowed.

Some busy judges will read your Table of Contents, Table of Authorities, the Summary of the Argument, and nothing else. It is why the Summary of the Argument is at the beginning of a brief, and why it should to get right to the point and stay there.

This is a particularly interesting article on writing by Judith Fischer, and well worth your time regardless of your brief writing skills. -CCE

[B]ecause the summary of the argument appears near the beginning of a brief, it allows the legal advocate to take advantage of both framing and priming to begin to convince the Court. Thus, it’s a mistake for an advocate to treat the section as an afterthought. . . .

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Beginner’s Guides on Researching Federal Legislative Intent.

13 Sunday Mar 2016

Posted by in Federal Law, Legislative History, Library of Congress, Research, U.S. Government

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Presidential Communications: A Beginner’s Guide, co-authored by Robert Brammer and Barbara Bavis, Research Guide, In Custodia Legis, Law Librarians of Congress

http://blogs.loc.gov/law/category/research-guide-2/

Please keep going after clicking on this link. The following posts are beginner’s guides to locating: (1) congressional documents; (2) a congressional committee print, (3) compiled federal legislative history; and (4) unpublished congressional hearing. Keep going – there is more. If you are interested in honing your research skills, learn how to research legislative intent at the state and federal level. -CCE

A Compilation of Punctuation Guides for the Punctuation Police.

10 Thursday Mar 2016

Posted by in Legal Writing, Punctuation, Readability, Style Manuals

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If you are a member of the Punctuation Police, you will enjoy this sample of punctuation guides. Depending on your profession, some style guides are more important than others. For example, if you are in the legal profession, you would look to the Bluebook for specific rules on punctuation. 

Another source of multiple style guides, including rules on punctuation and grammar, can be found at http://www.RefDesk.com under http://www.refdesk.com/topgram.html and Library Spot, Grammar and Style, at http://www.libraryspot.com/grammarstyle.htm. -CCE

The Punctuation Guide
http://www.thepunctuationguide.com/style.html

Tips on Grammar, Punctuation and Style
Harvard College Writing Center
http://writingcenter.fas.harvard.edu/pages/tips-grammar-punctuation-and-style

Punctuation and Style: A Quick Reference Guide
Office of Communications, University of Puget Sound
http://pugetsound.edu/files/resources/3379_PSGuide0309.pdf

Introduction to Basic Legal Citation, by Peter Martin, Cornell University Law School, Legal Information Institute (not just for legal citations – CCE)
https://www.law.cornell.edu/citation/

In Litigation, First Things First.

10 Thursday Mar 2016

Posted by in Brief Writing, Discovery, Evidence, Legal Writing, Litigation, Motions

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Motions first, depositions second, by Kirby Griffis, Brief Right!

http://briefright.com/motions-first/

In my business, litigation, there is a typical order of events. A lawsuit is filed, then discovery is taken, then motions are filed and ruled upon, and then there is a trial. Litigators who haven’t thought carefully about their business may fall into the error of compartmentalizing these steps too much. Have you ever gone to write a crucial motion, only to discover that the testimony or documentary evidence that you need to put forward under the applicable law was never obtained, or came in the wrong way without being fixed?

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Plain English and the U.S. Supreme Court.

03 Thursday Mar 2016

Posted by in Appellate Law, Legal Writing, Plain Language, Readability, United States Supreme Court

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Plain English/Language Made Simple, SCOTUSblog

http://www.scotusblog.com/category/plain-english/

This is our archive of posts in Plain English. You may also be interested in these resources:

Supreme Court Procedure
Glossary of Legal Terms
Biographies of the Justices

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When You Need a Living Trust and When You Don’t.

28 Sunday Feb 2016

Posted by in Estate Planning, Probate, Probate and Trusts, Trusts, Wills

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Seniors Being Tricked By Aggressive Sales Tactics For Living Trusts, by Gerry W. Beyer, Wills, Trusts & Estates Prof Blog

http://bit.ly/1RxPoCF

Living trusts are excellent vehicles to avoid probate for those with assets enough that the cost of avoidance outweighs the cost of creating the trust. But for many, living trust are not appropriate since they have little in the way of transferable assets that would make the setup cost worthwhile . . . .

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Sixth Circuit Takes a Look at Employee’s Age, Race, and Sex Discrimination Claim.

27 Saturday Feb 2016

Posted by in Employment Law, Gender Discrimination, Race Discrimination, Wrongful Termination

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Dis-Orderly Conduct: Hospital Security Guard Fired After Incident With Psychiatric Patient Cannot Advance Discrimination Claims, by Alexis B. Kasacavage, Bingham Greenebaum Doll, LLP Blog  

http://www.lexology.com/library/detail.aspx?g=729cc33f-832f-49e3-97f6-7a1c3c8f1997

Interesting analysis on how the courts came to the same conclusion but for different reasons. -CCE

 In Loyd v. Saint Joseph Mercy Oakland, et al., the Sixth Circuit recently upheld a Michigan district court’s decision to dismiss a 52-year-old African-American female security guard’s age, race and sex discrimination claims arising from her discharge following an incident with a combative psychiatric patient at the hospital where she worked.

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Don’t Challenge Under Rule 34 If You Cannot Explain Why.

25 Thursday Feb 2016

Posted by in Discovery, Document Review, Federal Rules of Discovery

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Attack the Form of Production, by Joshua Gilliland, Esq., Bow Tie Law Blog

https://bowtielaw.wordpress.com/2015/09/22/be-specific-if-you-are-going-to-attack-the-form-of-production/

Oh, Rule 34. You are the code section that keeps giving.

Under Federal Rule of Civil Procedure Rule 34(b)(2)(E)(i), a party ’must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request.’

A Plaintiff brought a motion to compel the opposing party to organize and label their production to correspond to the categories in the Plaintiff’s Requests for Production. Things did not go well for the Plaintiff’s motion. . . .

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IRS’ Top 2016 Frivolous Arguments and Tax Schemes.

25 Thursday Feb 2016

Posted by in Internal Revenue Service, Tax Law

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Frivolous Tax Arguments Completes the IRS “Dirty Dozen” List of Tax Scams for the 2016 Filing Season, IRS Website

http://1.usa.gov/1mMjYNW

In today’s economy, a problem with the IRS is the last thing you need. If the idea of the IRS swooping down on you doesn’t put fear in your heart, probably nothing will. Although most of us do not deliberately get behind on our taxes, life happens.

So, let’s say you do get behind on paying your taxes. The IRS penalties and interest make it worse, and soon it spirals out of control. This makes you all the more susceptible to fraudulent schemes and ready to grab at any chance for redemption.

When you this far over your head, you are at your most vulnerable. There is no “trick” or “scheme” that the IRS has not seen. Without the help of a known and proven true tax expert, you could easily go from the frying pan to the fire. -CCE

 The Internal Revenue Service today finished its 2016 ‘Dirty Dozen’ tax scams list by warning taxpayers against using frivolous tax arguments to avoid paying their taxes.

Also today, the IRS released the 2016 version of ‘The Truth about Frivolous Tax Arguments.’ The document describes and responds to some of the common frivolous tax arguments made by those who oppose compliance with federal tax laws. Examples include contentions that taxpayers can refuse to pay taxes on religious or moral grounds by invoking the First Amendment. The cases cited in the document demonstrate how frivolous arguments are treated by the IRS and the courts. . . .

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What’s the Difference Between a Trust and a Will?

25 Thursday Feb 2016

Posted by in Probate and Trusts, Trusts, Wills

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How Do You Know When You Need A Trust Instead Of A Will? By Shawn Roberts, Shawn R. Roberts Blog

http://www.shawnjroberts.com/when-do-need-a-revocable-trust-rather-than-a-will/

In a previous post, I wrote about the times a person needs to have an Oklahoma Last Will and Testament. The Will is the most basic of estate planning documents. There are, however, times when need and/or personal preference dictate that the revocable trust is a better choice.

How do you know when trust would be better?

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Litgation Hold – Too Little Too Late.

25 Thursday Feb 2016

Posted by in Cell Phones, Discovery, E-Discovery, Emails, Emails, Legal Technology, Litigation Hold, Municipal Law, Open Records Act, Preservation, Requests for Production, Sanctions

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Our Nation’s Largest City is Not Immune to eDiscovery Sanctions: eDiscovery Case Law, by Doug Law, eDiscovery daily Blog

http://bit.ly/1Rqmnc0

In Stinson v. City of New York, 10 Civ. 4228 (RWS) (S.D.N.Y. Jan. 2, 2016), New York District Judge Robert W. Sweet granted in part and denied in part the plaintiffs’ motion seeking sanctions for spoliation of evidence against the defendants for failure to issue a litigation hold, opting for a permissive inference rather than a mandatory adverse inference sanction against the defendants .

Case Background

In this civil rights class action against the City of New York, it was determined that the City did not issue any litigation hold until August 8, 2013, more than three years after the filing of the Complaint in this case and the litigation hold was not effectively communicated, and none of the officers who were named in the City’s initial disclosures acknowledged receiving it. . . .

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