Murder Charge Rejected in Mississippi Fetal Harm Case.

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Judge Throws Out Murder Charge in Mississippi Fetal Harm Case, by Nina Martin, ProPublica

http://tinyurl.com/k652sjc

The ruling means that the woman whose drug use had her facing a possible life term can at most be charged with manslaughter in the death of her stillborn daughter. . . . .

Heads’ Up Window XP Users! The Last Weekend Is Here.

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5 Key Things Windows XP Users Need To Know Before Buying A New PC, by Ian Paul, PC World

http://tinyurl.com/kbq3q6w

On Tuesday, April 8, Microsoft will bid adieu to Windows XP, delivering the final security updates for the twelve year-old OS. While many XP users out there plan on keeping their PC—with or without Microsoft’s support—many others are looking to at long last switch to a new computer.

Computer technology has changed a lot since the turn of the century, however. So as we head into XP’s final weekend, here are a few key things to keep in mind if you’re a displaced Windows XP lover on the lookout for a new PC. . . .

Jim Calloway And The ABA TECHSHOW.

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ABA TECHSHOW 2014 – Interview with The TECHSHOW Chair, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://tinyurl.com/khy3wwj

If you are interested in legal technology and law office management and you don’t know about Jim, it’s time to get acquainted. Jim Calloway is the Director of the Management Assistance Program of the Oklahoma Bar Association.  He is a nationally recognized expert, and the recognition is well deserved. Among other things, he produces, with Sharon Nelson, The Digital Edge: Lawyers and Technology, a monthly podcast. You will also find his articles on the ABA’s and Oklahoma Bar Association’s websites.

In this post, he shares an interview with Techshow Chair, Natalie R. Kelly, 60 Sites in 60 Minutes lineup, the ABA Journal article on the program, and 60 sites list. Really good stuff. -CCE

2014 ABA Techshow’s 60 Apps in 60 Minutes.

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60 Apps in 60 Minutes 2014, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/ptlnlne

Old, new, free, and with a fee. Absolutely worth taking a look. -CCE

 [A]t ABA TECHSHOW in Chicago, Brett Burney, Chad Burton, Reid Trautz and I presented the 2014 installment of 60 Apps in 60 Minutes.  We highlighted a variety of apps including some great new apps, some perennial favorites, and some that were thrown in mostly for the entertainment value.  Here is a the full list.  Many apps are free, but note that some of those require subscriptions or can have extra fees associated with them (e.g. the WestlawNext and Lexis Advance apps).  All of them are worth taking a look at. . . .

Alternative to Adobe Acrobat Pro? The Price Is Right.

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Nuance Takes on Acrobat Pro — At 1/3 the Price, by Robert Ambrogi, Robert Ambrogi’s LawSites

http://tinyurl.com/lsllqof

Professional-strength PDF software is a must-have for lawyers, and the gold standard for PDF software has always been Adobe Acrobat Pro. But at Acrobat Pro’s current retail price of $449, many lawyers, especially in smaller firms, opt for more budget-friendly alternatives, such as CutePDF Professional, which I reviewed here several years ago.

Now there is another choice. Today, Nuance Communications — maker of the Dragon speech recognition software — is launching Nuance Power PDF Advanced, a full-featured professional PDF program, with all the features businesses — including lawyers — would expect in such a program. Notably, Nuance has set the price of Power PDF at $149.99 — a third the cost of Acrobat Pro — with volume discounts available.  (A 30-day free trial is available.) . . . .

 

Freedom of Information Letter-Writing Tool.

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FOIA Letter Generator, by Law Librarian, The Rutgers Camden Law Library Blog

http://camdenlaw.wordpress.com/2014/01/28/foia-letter-generator/

A tool for generating Freedom of Information letters. -CCE

Judges Prefer “Plain Language.” If This Is True, Then Why Don’t We Use It?

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 Judges on Effective Writing: The Importance of Plain Language, by Bryan Garner, Michigan Bar Journal Plain Language Committee

http://tinyurl.com/qf8fhsf

 (‘‘Plain Language’’ is a regular feature of the Michigan Bar Journal, edited by Joseph Kimble for the Plain English Subcommittee of the Publications and Website Advisory Committee. We seek to improve the clarity of legal writing and the public opinion of lawyers by eliminating legalese. Want to contribute a plain-English article? Contact Prof. Kimble at Thomas Cooley Law School, P.O. Box 13038, Lansing, MI 48901. For information about the Plain English Committee, see our website—http://www.michbar.org/generalinfo/plainenglish/home.cfm.)

Lawyers are notoriously poor at gauging what judges prefer in legal writing. Too many of us believe, for example, that judges expect us to use legalese. In 1991, when the Texas Plain-Language Committee surveyed all the state district and appellate judges in Texas, we found that more than 80 percent prefer plain language (Plaintiff complains of Defendant and says) over legalese (Now comes the Plaintiff, by and through his attorneys of record, Darrow and Holmes, and for his Original Petition in this cause would respectfully show unto the Court the following). Indeed, several judges responded to the survey with a plea that we stamp out legalese once and for all. . . .

A Recommendation for Legal Writing Experts.

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The Redbook (3d ed.), by Raymond Ward, the (new) legal writer blog

http://tinyurl.com/nlqx3zy

If Raymond Ward says it, you can take it to the bank. I have followed his legal writing blog for years. Look for sound advice on superb legal writing. -CCE

Today I attended a triple-feature CLE by Bryan Garner: Advanced Legal Writing & Editing, The Redbook, and Making Your Case. To see whether Bryan’s spring tour will visit your city, click here to see the schedule. What I want to talk about this evening is what I learned in the Redbook portion of the seminar.

For years, I have had the first edition of the Redbook on my office bookshelf. For those unfamiliar with this book, it’s a style manual for legal writers. If you have a question about the right word, right punctuation, or right way to do something in legal writing, this book endeavors to answer your question. I’ve found it a useful reference for answering questions that arisen when writing a brief or editing another’s brief.

First, this preface: I am not one who immediately buys the next edition of whatever if the current edition remains serviceable. I use so-called outdated versions of the Bluebook and ALWD Citation Manual, because they still answer any question I have ever had about how to cite something. So since the first edition of the Redbook has served me well, I did not rush out to buy the second or third editions.

Having said that, here is my point: if you don’t have the third edition, get it. . . .

Cleaning Up Content In An Adobe Document.

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How to Erase and Clean-up a Scanned PDF in Acrobat XI, by Rick Borstein, Acrobat for Legal Professionals

http://tinyurl.com/mwb92n9

Senate Report on Target’s 2013 Data Breach.

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Senate Staff Report Details Target’s Missed Opportunities to Stop Massive Data Breach, by Sabrina I. Pacifici, beSpacific Blog

http://tinyurl.com/qekhb7t

‘Chairman John D. (Jay) Rockefeller IV released a staff report titled, “A ‘Kill Chain’ Analysis of the 2013 Target Data Breach.’ The report details how Target possibly failed to take advantage of several opportunities to prevent the massive data breach in 2013 when cyber criminals stole the financial and personal information of as many as 110 million consumers.  Rockefeller will formally introduce the report tomorrow when he chairs his third full Committee hearing on data security. The hearing, titled, ‘Protecting Personal Consumer Information from Cyber Attacks and Data Breaches’, explored the dangers to consumers posed by recent data breaches. The Chairman highlight[ed] legislation he recently introduced, the Data Security and Breach Notification Act, that would – for the first time – establish strong, federal consumer data security and breach notification standards.’

Apologizing Even When It’s Not Your Client’s Fault.

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Show You’re Sorry, Even When You’re Not at Fault, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://tinyurl.com/ntvjm5r

[A]s we’ve noted before, letting jurors, judges, and opposing parties hear an apology can be effective when you are responsible, or are likely to be found responsible, for at least part of the damage at issue in the case. But what about when you’re not? Does that second kind of “sorry,” meaning “I recognize your loss, but without accepting responsibility for it” create a persuasive advantage as well?

According to some new research, yes, it does. . . .

A Lesson in Attorney-Client Privilege.

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Judge Wettick: Attorney-Client Privilege Does Not Continue For Defunct Companies, by Daniel E. Cummins, TORT TALK Blog

http://www.torttalk.com/2014/03/judge-wettick-attorney-client-privilege.html

In his recent decision in the case of Red Vision Systems, Inc. et al. v. National Real Estate Information Services, L.P, et al., No. GD – 13 – 008572 (C.P. Allegh. Co. Feb. 26, 2014 Wettick, J.), Judge Wettick dealt with the novel issue of the application of the attorney-client privilege in the context of a request for the production of documents propounded upon a dissolved/non-operating company.

After a thorough review of the scope of the attorney-client privilege, Judge Wettick ultimately ruled that the privilege did not extend to corporations that were no longer in business.  Accordingly, a former in-house counsel for several defunct companies was ordered to turn over documents in discovery related to status of the companies’ assets. . . .

Add This Writing Tool To Your Arsenal.

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The Gunning Fog Index, by Elizabeth Bezant, Writing to Inspire Blog

http://www.writing-information-and-tips.com/fog-index.html

If you want to increase the readability of everything you write, consider using the Gunning Fog Index – more commonly known as the Fog Index. It is the copywriter’s favorite statistics measurement. The idea behind the Fog Index is to show you the education level your reader must hypothetically have to understand what the document says.

I am not asking you to “dumb it down.”  But, remember that the goal in any legal writing project is to be understood, regardless of the complexity of the subject. If you are struggle with writing shorter sentence and paragraphs or simply making your writing more readable, this tool will help.

If you teach legal writing or any kind of writing course, encourage your students to use the Fog Index. It can be used by those who seek to improve their writing skills to a more sophisticated level. It can help anyone clarify their writing and write more concisely. But, most importantly, it gives you a way to determine whether what makes sense to you will make sense to anyone else.

Even though lawyers and judges have a high degree of education, when writing about complex issues, it helps to keep your document as simple and clear as possible.  The goal is to keep your Fog Index from ten to fifteen. Major publications, such as the New York Times and Times Magazine, have a Fog Index of eleven to twelve. If your document is meant for a wide audience, go for a Fog Index of less than twelve. If you are writing a document that you want to be universally understood, your target is a Fog Index of less than eight. For example, the Bible’s Fog Index is six.

See also http://gunning-fog-index.com/.

For more readability tests, see http://juicystudio.com/services/readability.php. -CCE

At Last! The Microsoft App For iPad, With Word, Excel, and PowerPoint.

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Microsoft releases Word (and Excel and PowerPoint) for iPad, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/l44cvjy

I’m at ABA TECHSHOW in Chicago right now, and the big news on Thursday was that Microsoft released a version of Word (and Excel, and PowerPoint) for the iPad.  I have been kicking the tires on this app since it was released Thursday afternoon, and I am incredibly impressed.  Unlike Microsoft Office Mobile for iPhone released last year, the new Word app for the iPad has virtually every feature that lawyers want to use.  Every attorney who uses an iPad will want to get this app. . . .

Please Use Electronic File Naming Conventions!

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Electronic File Naming Conventions

Is there anything more frustrating than trying to find a document on the computer when everyone names files any old way they want?  File naming conventions do not have to be difficult.  A few simple, logical rules used consistently by everyone is usually sufficient.  In bigger companies where electronic discovery is a way of life, strict requirements for consistent file naming conventions are a must.

I am a fan of what I call “one stop clicking.” By that, I mean that I can tell by reading the name of the saved file whether it is the document I need.  I want file naming conventions that are specific enough to identify what the document is, who wrote it, the date of the document, and what it is about. Repeatedly opening and closing documents to find what I want is a waste of billable time.

If necessary, create a list of acceptable abbreviations for everyone to use – no exceptions! But, if you do, please keep it simple and logical. There is no reason to re-invent the wheel or make this more difficult.

Here is a list of file-naming conventions. Regardless of whether your firm has already created file-naming conventions, you might want to look over the different versions below. Who knows? You might find a better idea for the system you are using now. -CCE

Records Management Tip #1: Electronic File Naming Posted, by Lawrence Giffin, Records Services Archivist, For The Record Blog

http://tinyurl.com/n3zjyry

Getting Organized: Great Tips for Better File Names, by Jill Duffy, PC Magazine

http://www.pcmag.com/article2/0,2817,2385613,00.asp

Standard Naming Conventions for Electronic Records, Records Management Section, The University of Edinburgh

http://tinyurl.com/nv463

Electronic Records Management Guidelines, Minnesota Historical Society

http://www.mnhs.org/preserve/records/electronicrecords/erfnaming.html

Good Legal Writing – Why You Don’t Need Names In Paretheseses.

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Judges Catch On Quick. You Don’t Need Names in Parentheses, by Mike Skotnicki,Briefly Writing Blog

http://tinyurl.com/l5xkagk

[O]ne of the mistakes I see from good lawyers is that they overuse the technique of placing an abbreviation of a case name, party name, or other references to things in quotes inside parentheses. . . . .

Legalese And Other Words You Should Always Cut.

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Ax These Terms From Your Legal Writing, by Bryan A. Garner, Law News Now, ABA Journal

http://tinyurl.com/kaoqz2o

William Cullen Bryant, editor of the New York Evening Post from 1829 until 1878, created an ‘Index Expurgatorius’ for his newspaper. Certain words simply weren’t allowed in its pages.

Likewise, James Gordon Bennett Jr., owner of the New York Herald from 1867 to 1918, had his ‘Don’t List.’ For example, he wouldn’t allow his journalists to write executive session when they meant secret session.

Keeping a banned-word list is hardly unique to newspapers. The novelist Ambrose Bierce kept a ‘Little Blacklist of Literary Faults,’ published nearly a century ago. He despised committed suicide, preferring instead killed himself (or herself). He likewise disapproved of decease for die, executed for hanged (or put to death), expectorate for spit, inaugurate for begin, prior to for before and so on. He wasn’t fond of genteelisms. No real stylists are.

Legal drafters could benefit from a similar verbal blacklist—a simple list of words that do nothing but blemish the documents that contain them. Learn them and ax them. . . .

Shopping for Legal Research Software, But Don’t Know Which One To Pick?

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Research Software Comparison Chart (with hat tip to Bill Statsky!)

http://tinyurl.com/pqob8ty

Compares LexisNexis Advance, Westlaw Next, Bloomberg, Casemaster, and Fastcase. -CCE

Proofreading Checklist – Don’t Miss This One!

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Cheat Sheet: We’re Giving Away Our Proofreading Checklist, by Clare Dodd, Bad Language Brief

http://www.badlanguage.net/proofreading-checklist

Proofreading. Not the most exciting job in the world, but an absolutely necessary one.

We’ve covered before what happens when you miss a typo (that’s right, the errorists win). Unfortunately, that doesn’t make it any easier to turn out entirely perfect copy. And if you work for a marketing agency, delivering clumsy copy to a client reflects badly on both you and your copywriters.

But you’re in luck: we at Articulate Marketing are sharing our Proofreading checklist with you to make life a little easier. . . . .

New App for Crime Scene Investigation.

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CASE – Checklist App for Scene Examination, by WillowTree Apps, Forensic Magazine

http://tinyurl.com/mzu5kp4

The first moments at a crime scene can be critical to saving lives and ensuring justice. It’s essential that first responding officers arrive on a pristine scene, which can quickly deteriorate and lose its value in helping investigators with every minute that follows. Time, weather and the movement of essential personnel, such as EMTs and scene investigators, can alter the scene and destroy evidence. Early documentation of evidence can make a difference in bringing justice to both the guilty and the innocent.

Now, thanks to the Middle Tennessee State University’s (MTSU) Forensic Institute for Research and Education, known as FIRE; instead of trying to juggle notepads, cameras and video recorders, officers can immediately document crime scenes — capturing text, photographs, video, audio, GPS, dates and times — with their smartphones. Using a $200,000 grant from the U.S. Department of Justice, MTSU partnered with WillowTree Apps, an award-winning mobile application development company headquartered in Charlottesville, Va., to create CASE, crime scene checklist app for law enforcement agencies. . . .

Learning E-Filing and E-Docketing the Hard Way.

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A Painful Lesson in the Pitfalls of E-Filing and E-Docketing, by Scott P. Stolley and Richard B. Phillips, Jr., Texas Appellate Watch

http://tinyurl.com/ma6head

As mandatory e-filing (and the accompanying switch to e-service, e-dockets, and e-notices) spreads across Texas, we need to adopt new standard practices to ensure that we fulfill our duties to our clients. An appeal pending in the Federal Circuit provides a cautionary tale that should not be ignored. . . .

Jury Selection – How To Recognize A Bad Apple When You See One.

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One Bad Apple Can Spoil the Whole Bunch. When Should a Juror, Not Be a Juror? by Richard A. Cook, The Barrister’s Toolbox – A Resource for Trial Advocacy

http://tinyurl.com/mv92klj

Jury selection is often where your case is won or lost. One bad juror can spoil your whole case. That one juror could lead the other jurors to render an adverse verdict, a compromise verdict or lead to gridlock and a hung jury. In civil cases, you often have limited peremptory challenges, where you can eliminate a juror without showing actual bias or other grounds for disqualification. So what exactly is the law? When is a judge obligated to grant your motion to strike a juror for cause? . . . .

The Meaning of “Intellectual Property”

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The Meaning Of “Intellectual Property,” by Dennis Crouch’s Patently-O Blog

http://tinyurl.com/lcag5xs

Energy Recovery, Inc. v. Hauge (Fed. Cir. 2014) 13-1515.Opinion.3-18-2014.1– Panel: Rader, Reyna, and Wallach (author).

At the heart of this case lies the question of ‘what is intellectual property?’ Here, the answer has more than philosophical implications: a finding of contempt hinges on it.

Twenty-Five Years Ago, How Sexual Harassment Went Mainstream.

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New Anita Hill Film Recalls When Sexual Harassment Went Mainstream, by Claire Suddath, Bloomberg Businessweek

http://tinyurl.com/o62jkwl

Twenty-five years ago, a University of Oklahoma Law School professor told the U.S. Senate Judiciary committee about the time her former boss put pubic hair on a Coke can. She talked about the kind of pornography he told her he watched, how he bragged about his penis size, and the 10 or so times he asked her on dates even though he was her boss. At one point, the nickname “Long Dong Silver” came up. For three days in October 1991, all anyone could talk about was Anita Hill, Clarence Thomas, and which one of them was lying.

There was a salacious absurdity to the Anita Hill hearings that, when we look back on them now, makes us cringe. Did we really listen to Senator Howell Heflin, Democrat from Alabama, ask a 35-year-old tenured law professor if she was “a scorned woman?” But sometimes it takes outrageous acts to force us to examine uncomfortable truths. For better or worse, Anita Hill forced America to start thinking about sexual harassment. On March 21, Anita: Speaking Truth to Power, a documentary by Academy Award–winning filmmaker Freida Lee Mock, will make us think about it again. . . .

Take 4 on A New Theory of Hearsay.

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A New Theory of Hearsay, Take 4: Further Thoughts on United States v. Boyce, by Colin Miller, Editor, EvidenceProf Blogger

http://tinyurl.com/mfgkmzr

It’s interesting that Jeff [Jeffrey Bellin] posted an entry about Judge Posner’s concurrence in United States v. Boyce yesterday [February 14, 2014]. My latest set of hearsay posts has come in connection with a CLE I’m conducting in which I argue, in essence, that Rule 807 should swallow much of Rules 801 through 806. So, it’s refreshing to see that such an esteemed jurist apparently holds a similar viewpoint. Here are some more thoughts on Boyce:

United States v. Boyce is a garden variety case in which a 911 call was admitted under the present sense impression to the rule against hearsay (Federal Rule of Evidence 803(1)) and/or the excited utterance exception (Federal Rule of Evidence 803(2)). They also again raise the question of why courts are not engaging in a Rule 403 balancing of such statements. . . .