Expert Witness Lesson – Don’t Do This.

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What Expert Witnesses Should Not Do (Dylan, Woody & the Judge), posted by Rita Handrich, The Jury Room Blog

http://keenetrial.com/blog/2014/02/24/what-expert-witnesses-should-not-do-dylan-woody-the-judge/

The sad and painful tale of Dylan Farrow has emerged again following her letter to the NYT after Woody Allen received the Golden Globes Lifetime Achievement Award. Woody Allen responded to Ms. Farrow’s open letter and she responded to his response. The internet has been on fire with reactions, pro-Farrow, pro-Allen, and everything in between. You can find them with a simple internet search and we won’t link to them here.

This post isn’t really about the letter, the responses, or the internet reaction to them. Instead, it’s about the original judge in the dispute and a cautionary tale for the attorneys who hire expert witnesses everywhere. I first saw the judge’s written opinion when it was sent around on a mailing list. It reads like a ‘don’t do this’ text for the would-be forensic expert witness. There are so many legitimate reasons this case would not have succeeded at trial–regardless of Mr. Allen’s actual culpability. . . .

Lexis Launches “Evidence Challenge” For Law Students.

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It’s Game On for Lexis with Launch of ‘Evidence Challenge,’ posted by Robert Ambrogi, Robert Ambroi’s Law Sites

http://tinyurl.com/ngsud5p

Over the last two years, LexisNexis has been ramping up its library of ebooks, with a growing list of titles for both practitioners and law students. Law students, in particular, are key consumers of ebooks, Lexis says, citing statistics that say six in 10 college students prefer digital books over print. One of the advantages of an ebook over print is the ability to link interactive features that augment and enhance the core text.

That is what Lexis is aiming to do with Evidence Challenge, its new interactive role-playing game designed to help second- and third-year law students test their knowledge of evidence law. . . .

What’s The Point of An Appellant’s Reply Brief?

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Yes, Filing an Appellant’s Reply Brief Really is Necessary, by Mike Skotnicki, Briefly Writing Blog

http://brieflywriting.com/2014/02/03/yes-filing-an-appellants-reply-brief-really-is-necessary/

In both my prior practice of appellate law in a fairly large firm and now in my work as a freelance appellate attorney, I’ve been asked by lawyers I was working with whether it was really necessary to file an Appellant’s Reply Brief. My short answer is, ‘Only if you want to win.’

More On Why Lawsuits Are So Expensive.

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Why Lawsuits Are So Expensive, Pt. II, by Gregory H. Haubrich, Foshee & Yafee, Butter’s Blog

http://greghaubrich.com/2014/02/13/why-lawsuits-are-so-expensive-pt-ii/

In my previous edition of Butter’s Blog, Part I explored why lawsuits are so expensive. In Part II, we are going to break down the costs of getting your case to trial. To get a rough estimate of what your law firm may spend handling the case,  we must first look at what kind of case it is.

Sayeth or Saith? Actually, It’s Neither.

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LawProse Lesson #149: “Further Affiant Sayeth Naught,” by Bryan A. Garner, LawProse

http://www.lawprose.org/blog/?p=2506

Further affiant sayeth naught.

Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (‘What does it mean?’ and ‘Is it necessary?’), this phrase gives rise to two stylistic dilemmas.

Interesting Theory of Jury Persuasion.

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Simple Jury Persuasion: The “Tainted Altruism Effect,” posted by Douglas Keene, The Jury Room Blog

http://tinyurl.com/knnu6as

People will actually see you more positively when you raise no money for charity at all than they will when you raise $1,000,000 (but skim $100,000 for yourself). Even if you said you were going to keep 10% up front and the charity really did get the $900,000! When you benefit (in any way) from your charitable activities, your altruistic acts are likely to be seen as somehow tainted by your self-interest.

There is a really nice write-up of this article at Time Magazine and therefore, we won’t focus on what the researchers did, but rather on the reason they thought tainted altruism worth investigating. It’s all about access to counter-factual information!

Interested related posts at the end of this post by Mr. Keene. -CCE

There’s More To Government Research Than FirstGov.gov.

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Finding Government Documents on the Internet, Internet for Lawyers

 http://tinyurl.com/mklz4tq

 

The Effect of Missouri’s Gun Law Change.

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What Missouri’s Gun Law Change Did, by Daniel Webster, Special to CNN, post by Jason Miks, CNN

CNN Editor’s note: Daniel Webster is director of the Johns Hopkins Center for Gun Policy and Research and Professor of Health Policy and Management at the Johns Hopkins Bloomberg School of Public Health. The views expressed are his own.

http://tinyurl.com/l7hxn62

Many Americans have a built in bias when they’re considering the potential for gun laws to reduce violence. After all, our TV screens are regularly filled with stories about gun violence – a gang member suspected in a triple shooting in South Chicago, an estranged husband murders a woman and then commits suicide, a shooting at local night club, scores dead and injured after a gunman opens fire in a crowded movie theater.

So it might seem logical that with so many dangerous people apparently determined to kill, and so many guns already in circulation and available to those individuals, that efforts to prevent killings through gun laws are futile. It’s an idea encouraged by the rhetoric of the National Rifle Association and others who argue that criminals, by definition, won’t obey gun laws.

But our perceptions of reality can be distorted by the things that we don’t see every day – what the media does not or cannot report.  For example, aside from the FBI’s records of the number of individuals who don’t pass background checks when attempting to purchase a firearm, we simply cannot know how many people don’t even try to buy a gun because they are disqualified from possessing guns.

Get It In Writing!

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“When I Get The Big Money, I’ll Take Care Of You,” by Myanna Dellinger, ContractProf Blog

http://tinyurl.com/lfs2gpy

Do such words imply an enforceable promise to give an employee additional compensation both for work already performed and for work to be performed in the future if the speaker actually obtains a sizeable chunk of money?

Common Presentation Mistakes.

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OK, So Never Start A Sentence With These 10 Words . . ., by Laura Bergells, MANIACTIVE All About Presentation

http://maniactive.com/blog/ok-so-never-start-a-sentence-with-these-10-words/536

No offense, but I recently had to leave a lecture because the speaker began every other sentence with either ‘So…’ or ‘Alright, so…’

His information may have been spectacular, but after a half hour, I felt too distracted to listen anymore. When your audience starts playing a mental drinking game based on taking a sip every time you say “so” and downing the whole glass every time you begin a sentence with the word “so” — and they’re hammered in 5 minutes — you might want to face the problem.

Saying ’so’ is so over.

Dropbox Is Making Changes.

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Dropbox Publishes New T&Cs That Anger Users, by Jamie Hicks, ITProPortal

http://tinyurl.com/phbdjk3

Dropbox has announced that it plans updates to its Terms of Service and Privacy Policy, effective March 24, 2014. Highlights of these changes are:

•     The addition of an arbitration section  has angered many of its users. Dropbox has provided an online form to opt out of this section 30 days after the new Terms of Service and Privacy Policy go into effect.

•     The Privacy Policy now contains Dropbox’s recently launched Government Data Request Principles. When you allow Dropbox access to your contacts, Dropbox says that it stores them so that you (and only you) can share with others more easily.

•     The Terms of Service and Privacy Policy has been revised to simplify its language and to explain its list of features.

The arbitration clause language added to the Terms and Conditions has generated the most criticism. (See Dropbox Blog @ https://blog.dropbox.com/2014/02/updating-our-terms-of-service/, posted by Ramsey Homsany. This section is viewed by its critics as designed to defeat class action litigation by urging users to opt out. -CCE

Compilation of Resources on Adoption Law.

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Adoption Law, HG.org

http://www.hg.org/adoption.html

A compilation of information about adoption, starting with a brief explanation of this area of law, termination of parental rights, open vs. closed adoptions, adoption by a step-parent, and working with an adoption law. This is interesting but the meat comes next, in my opinion, in the sections on knowing your rights, articles on adoption law, and so on. You might also take note at the top of the web page of a hyperlink to “Family Law,” which provides a good overview of that area of law as well.

HG.org (formerly Hieros Gamos.org) is a free legal directory with an abundance of information about American law. It provides a search engine to look for attorneys, topics of law, and more. If you have not already spent time looking at each section of this legal directory, I encourage you to do so.

HG.org is not the only legal directory, but I think it is one of the best. I have already provided a list of similar resources on the Internet at https://researchingparalegal.com/2013/10/23/some-of-the-best-free-legal-research-guides-on-the-internet-no-wikipedia-does-not-count/. If you have not already had an opportunity to visit that link, I think you will find the resources there worth bookmarking. -CCE

Egypt’s 2014 Constitution.

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Perspectives on Egypt’s 2014 Constitution, by Kelly Buchanan with guest post by George Sadek, Senior Legal Research Analyst, Law Library of Congress, In Custodia Legis, Law Librarians of Congress

http://blogs.loc.gov/law/2014/02/perspectives-on-egypts-2014-constitution/

Last month, a new Egyptian Constitution was approved in a popular referendum held on January 14-15.  The Head of the Supreme National Electoral Commission, Chief Justice Nabil Saleeb, announced the results of the referendum on January 18 and stated that the voter turnout was 38.6% of the 53 million people eligible to vote.  Of those who voted, 98% voted in favor of the new Constitution.  The Constitution came into effect on that same day after it was signed by the current interim president, Adly Monsour, and published in the official gazette.  It replaces the 2012 Constitution issued under the administration of former President Mohammed Morsi. . . .

Former Appellate Law Clerk Emphasizes Brief Writing Skills.

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The Most Important Thing I Learned on the Inside of the Alabama Supreme Court, by Mike Skotnicki, Briefly Writing Blog

http://tinyurl.com/mhq8a3m

An excellent post well worth reading. This short excerpt reminds us why quality legal writing is so critical in appellate advocacy. -CCE

[T]o win an appellate matter you must make your brief come alive, hold the reader’s attention, influence the reader to view your client favorably, and help guide the court to the result you want. With the paucity of oral argument, the appellate brief is very likely your only opportunity to present to the court the passion you hold for your client’s cause and that passion, though controlled, should be palpable. Your brief must be more like a compelling novel, telling a story of conflict, than the dry and lifeless tome that is most often submitted on appeal. If your brief is the one that the appellate judge or staff member goes back to again and again in preference to that of the opposing party as the matter is being considered, the chances of your client winning will climb immeasurably.  Sometimes having the “best” case or fact in your favor is enough for your client to win, but most appeals simply aren’t that easy. . . .

Journalist’s Guide to the Federal Courts.

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A Journalist’s Guide to the Federal Courts, United States Courts

 http://www.uscourts.gov/News/JournalistsGuide.aspx

Federal judges and the journalists who cover them share much common ground. One clear area of mutual interest is accurate and informed coverage of federal courts. A Journalist’s Guide to the Federal Courts is intended to assist reporters assigned to court coverage. It is the media who inform and educate the public about the courts, spark discussion and debate about their work, instill public trust and confidence in the institution and its function, and help protect judicial independence. These are worthwhile and important pursuits.

There are justifiable and distinct differences between the three branches of government and the access they grant the news media. Most of the work of federal courts is performed in open court and decisions, and in most cases court filings are available on the Internet. This primer is aimed at helping reporters who cover federal appellate, district, and bankruptcy courts – the cases, the people, and the process.

Primer on Electronic Medical Records.

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Electronic Medical Records: A Primer, by Todd Hendrickson, Lawyerist Blog

http://lawyerist.com/electronic-medical-records-a-primer/

I’ve litigated personal injury cases for nearly 25 years and I’ve read literally millions of pages of medical records. The advent of electronic medical records (EMRs, also known as EHRs for Electronic Health Records) was touted as the answer to many litigators complaints: Handwritten records were often incomplete, confusing and illegible. And while a printout is (usually) legible, EMRs bring with them a host of other problems and considerations. If you deal with medical records in your practice, there are some things you should know.

Must Health Plans Cover Costs of Suicide?

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Despite Law, Health Plans Refuse Medical Claims Related To Suicide, by Michelle Andrews, NPR Health News

http://tinyurl.com/lxowwyu

Dealing with the aftermath of a suicide or attempted suicide is stressful enough. But some health plans make a harrowing experience worse by refusing to cover medical costs for injuries that are related to suicide, even though the federal health law doesn’t allow such exclusions, legal and government analysts say.

Yet patients or their loved ones often don’t realize that.

Do Football Helmets Protect Children From Concussions?

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Football Helmets And Concussion: A New Study Opens New Questions, By Melissa Healy, Science Now, Los Angeles Times

http://tinyurl.com/mfdx6z2

Here’s a novel idea, given that American parents send almost 4 million of their children out to play tackle football every year, despite mounting concerns about youth concussions: Maybe the helmets their kids wear should be tested and ranked on how well they prevent concussion.

A study to be presented at a meeting of the American Academy of Neurology attempts to do exactly that, comparing 10 of the most widely used football helmets in drop tests designed to measure the kinds of forces that are most likely to result in concussion.

The latest research finds that football helmets, which have been designed largely to prevent skull fractures and brain contusions, aren’t all that effective against concussion, which happens when the brain bounces and twists around inside the skull. . . .

Is Sherlock Holmes in the Public Domain?

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Federal Judge Declares Sherlock Holmes Characters in Public Domain. Sort of., by Dan Nabel, LawLawLand Blog

http://tinyurl.com/lqx7vda

Comedian Dmitri Martin has a great joke about the expression ‘sort of.’  Although normally a fairly meaningless expression, saying ‘sort of’ after certain things suddenly becomes very important.  Such as after the phrase ‘I love you,’ or ‘You’re going to live,’ or ‘It’s a boy.’  I immediately thought of this joke after reading a recent order issued by a federal court in Illinois.  The order declared that Sherlock Holmes, Dr. Watson, 221B Baker Street, the evil Professor Moriarty, and other elements of Sir Arthur Conan Doyle’s beloved works have fallen into the public domain.

Sort of.

PeopleFinder for U.S. Military.

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Find People in the U.S. Military, by Tamara Thompson, PI Buzz.com

http://pibuzz.com/find-people-in-the-us-military/

Tamara Thompson is an extremely experienced researcher. Her blog, PI Buzz.com, is definitely worth bookmarking. -CCE

Use Requests for Admission For Authentication of Trial Exhibits.

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Using Requests for Admission to Simplify Your Case, by Evan Schaeffer, The Trial Practice Tips Blog

http://tinyurl.com/m3y82eq

I have never understood why this is not used more frequently. It saves time and aggravation for the parties and the court, especially if you want an exhibit to be part of the record. – CCE

Intolerance Is A Door That Swings Both Ways When Presenting Your Case.

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Account for Ideological Intolerance, by Dr. Ken Broda-Bahm, Persuasive Litigator™

http://tinyurl.com/kovy8wo

It’s Valentine’s time again. It’s a holiday of love, but in the political world, we’re moving out of yet another debt ceiling standoff and there is no love lost between the two sides of the spectrum. Liberals point to yet another, albeit failed, attempt to hold the country’s full faith and credit hostage, while conservatives point to yet another increase in an already staggering national debt. Neither side can understand the values, arguments, and priorities of the other. And that’s just the debt. Add in social welfare programs, marriage equality, and — as the actual sign from an Arizona gun shop above testifies — gun control, and you’ve got a pretty bitter divide. Polling shows that we are politically more ‘tribal’ than ever before. As we’ve noted in earlier posts, liberals and conservatives appear to use their brains differently when assessing risk, and are resistant to applying basic empathy across the political aisles. . . .

Email Virus Running Amuck In Some Appellate Courts.

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A virus going around, by Raymond Ward, Louisiana Civil Appeals Blog

http://tinyurl.com/kv5owgc

There must be a virus going around. Recently the Louisiana Supreme Court and the First, Third, and Fifth Circuits have published warnings about malicious e-mails purporting to come from those courts. . . .

DOJ Warns Louisiana Supreme Court To Stop Civil Rights Abuse of Bar Applicants.

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DOJ Sends Critical Letter to Louisiana Supreme Court re its Bar Admission Process, by Alan Childress, Legal Profession Prof, Legal Profession Prof Blog

http://tinyurl.com/qhryrrf

Dane Ciolino (Loyola-New Orleans, Law) has blogged on the recent letter of warning the DOJ sent the state’s supreme court and chief disciplinary counsel about the civil and disability rights of its applicants. . . .

Shawn Roberts Explains Estate Planning Via Podcasts.

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Estate Planning Demystified, by Shawn J. Roberts, Resolution Legal Group

http://www.shawnjroberts.com/oklahoma-forms/podcasts/

A series of eight podcasts on Estate Planning. -CCE

This is my discussion of the basics of estate planning, what it is, what the tools are and why you would want to do it. . . . .