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

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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

 

 

How Skillful Are You At Mediation?

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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. . . .

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

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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. . . .

Spread The Love.

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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

Divorcing Husband’s Hidden Assets and Tax Fraud.

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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.

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

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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).

An Argument For Teaching Psychology In Legal Writing.

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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.

Appellate Procedure Resource Guide for State Courts.

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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.

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

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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

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

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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. . . .

Federal Court Rejects Portland’s Panhandling Ordinance.

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 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. . . .

iPhone J.D.’s Latest “In The News”

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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

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

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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. . . .

Keeping It Short and Sweet.

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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. . . .

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

Canada’s Paralegal Licensing Process.

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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

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.

iPad Apps from Tom Mighell’s 2014 Webinar.

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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.

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

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Follow The Money, National Institute on Money

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

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

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

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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. . . .

Tax Audit Triggers and How To Avoid Them.

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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) . . . .

LinkedIn – Checked Your Profile Lately?

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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. . . .

Paralegal Education – Which School Should You Pick and Why?

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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

A New Theory of Hearsay – Part 2.

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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?

A New Theory of Hearsay – Part 1.

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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?