Tag Archives: Oklahoma Bar Journal

Oklahoma’s Discovery Code Changing to Add E-Discovery Master.

29 Tuesday Sep 2015

Posted by in Discovery, E-Discovery, E-Discovery Master, Evidence

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New Discovery Master Law Takes Effect on Nov. 1, 2015, by James C. Milton, Oklahoma Bar Journal – Sept. 26, 2015, Vol. 86, No. 25.-

(Originally published in the Oklahoma Bar Journal – Sept. 12, 2015 – Vol. 86, No. 24)

http://www.okbar.org/members/BarJournal/archive2015/SeptArchive15/OBJ8624Milton.aspx

Effective on Nov. 1, 2015, the Oklahoma Discovery Code will include a new statute that provides for discovery masters in civil litigation.1 The new statute will be codified as Section 3225.1 of the Discovery Code.

Section 3225.1 is based in large part on Rule 53 of the Federal Rules of Civil Procedure..2 Rule 53 allows for federal courts to appoint ‘judicial masters’ to address complex issues in exceptional cases. . . .

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Formatting for Persuasive Legal Writing Makes A Difference.

28 Saturday Feb 2015

Posted by in Citations, Court Rules, Courts, Legal Technology, Legal Writing, Local Rules, Readability, Style Manuals

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Paragraphs and Indentation Formatting for Persuasive Writing, by Collin Walke, Vol. 86 OBJ No. 5 (2014).

http://www.okbar.org/members/BarJournal/archive2015/FebArchive15/OBJ8605Walke.aspx

Contrary to that pesky little voice in your head at this very moment, formatting is not a boring topic and is absolutely critical when writing a legal brief. Aside from the technical rule requirements for formatting briefs, which will be discussed in greater detail below, formatting is essential for persuasion. One of the best legal writers I have ever had the privilege of working with has a paperweight on his desk that reads: ‘Good writing is clear thinking made visible.’ Without good formatting, quality content will be lost in the mire of facts, law and argument.

The point of this article is to outline what good formatting looks like. First, the brief must be written in accordance with the formatting rules of your particular court. A brief for the district court of Oklahoma County will look different from a brief for the Western District of Oklahoma. Second, the format of the brief must be laid out so that it assists the reader in understanding your position. Finally, your format should match the needs of the particular brief. . . .

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What A Judge Needs To Give You What You Want.

27 Friday Feb 2015

Posted by in Brief Writing, Judges, Legal Analysis, Legal Argument, Legal Writing, Motions, Plain Language, Readability, Statement of Facts, Summary of the Argument

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Effective Legal Writing: One Judge’s Perspective, by Retired Judge Wayne Alley, originally published in the Oklahoma Bar Journal, Feb. 14, 2015– Vol. 86, No. 5.

http://www.okbar.org/members/BarJournal/archive2015/FebArchive15/OBJ8605Alley.aspx

This is one of the best articles I have read on how to write to win your case. Judge Alley tells you exactly what a judge wants to read in your brief. So put yourself in the judge’s shoes, and imagine that you’re reading yet another brief at the end of a long day at the end of an extremely long week.

Here you will find what a judge needs to give you what you want. -CCE

What does a judge want in writings (motions, briefs, applications, reports, proposed orders) filed in his or her cases? There is an easy answer; the judge wants an easy out. The judge wants a clear, simple, substantiated solution to the problem at hand — a solution with which he is comfortable. To this end, consider the following suggestions.

Tell the judge why. Except for uncontested applications, such as for extensions of time, both sides typically submit persuasive statutes, cases and secondary authorities in support of their respective positions. Not many positions are “slam dunks.” The judge needs to be educated not merely that the respective authorities are out there, but why one set of authorities leads to a better result than the other. The judge shouldn’t have to figure it out for him or herself. . . .

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Federal Magistrate On Writing Discovery and Responses – “What We Have Here Is A Failure to Communicate.”

17 Saturday Jan 2015

Posted by in Boilerplate Forms, Discovery, Editing, Interrogatories, Legal Writing, Legalese, Plain Language, Readability, Requests for Admissions, Requests for Production

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Some Thoughts on Discovery and Legal Writing, by Judge Paul J. Cleary, Oklahoma Bar Journal, 82 OBJ 33 (2011)

http://tinyurl.com/mjfawqa

Since 2002, The Hon. Paul J. Cleary has served as U.S. Magistrate Judge for the Northern District of Oklahoma.  He has the joy of overseeing discovery in civil litigation. You could say that experience makes him an expert. 

It should be no surprise that he urges counsel to use good writing habits and avoid boilerplate language. -CCE

“What we have here is failure to communicate.” Cool Hand Luke (Jalem Productions 1967).

There is a famous scene at the end of the movie Blow Up2 where mimes face off in a tennis match using an imaginary ball and racquets. It reminds me of too many discovery disputes: I sit as the linesman, watching helplessly as the lawyers roil and argue between intermittent swats at imaginary objects.

The fundamental problems that underlie most discovery disputes might be pulled from the pages of a marriage counselor’s handbook: Fear of commitment and inability to communicate. Lawyers won’t commit to a definition of the legal dispute: It’s not a simple breach of contract; it’s a contract, fraud, bad faith, conspiracy, racketeering case. The ill-defined nature of the dispute drives discovery into vast, uncharted territory. By the same token, lawyers responding to discovery requests won’t commit to a clear statement of what responsive documents exist and which of those will be produced. The purpose of this article is to examine the problem of inartful/incomprehensible discovery requests and responses and to offer some observations and, perhaps,some solutions. . . .

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Jim Calloway’s Recent Technology News and Developments.

30 Saturday Aug 2014

Posted by in Android Phones, Apps, Cell Phones, Family Law, iPad, iPhones, Legal Ethics, Legal Technology, Social Media, Tablets

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Recent Technology News and Developments for 2014, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog (Originally published in the Oklahoma Bar Journal , August 9, 2014 — Vol. 85, No. 20.)

http://bit.ly/1peMMYY

I can always depend on Jim to recommend the best practices to keep a law office moving smoothly, as well as a preview of new technology. Although Jim’s home base is the Oklahoma Bar Association, he is in national demand. If you like what you see, I recommend checking out his articles at the ABA web site. Better yet, especially for Oklahoma solo and small firms, the Oklahoma Bar Association’s Solo and Small Firm Annual Conference is a fabulous event due to Jim’s leadership and connections. You will meet technology experts from all over the country.

Jim has moved his blog to a new address: www.lawpracticetipsblog.com. The old one still works, but I do not know how long it will work. -CCE

There’s been quite a lot of technology-related news over the last several months. Some of it is directly related to the legal profession. Much of it is at least indirectly related to the legal profession. There have also been some interesting court rulings related to technology. Rather than featuring just a few items, I decided to do a roundup of many of these items with a few comments. . . .

Tech Tool Advice from Jim Calloway.

06 Sunday Apr 2014

Posted by in Legal Technology

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What Tech Tool Should I Use to Do That?, by Jim Calloway, Jim Calloway’s Legal Tips Blog

http://www.lawpracticetipsblog.com/2014/03/what-tech-tool.html

How do I do that? It is one of the challenges we all live with in today’s times. We need to do something with our technology, and we are aware that there are technology tools to do it. We just aren’t sure which of the many available tools is appropriate and how much training, installation and setup will be required to make it happen.

So, in my February Oklahoma Bar Journal column, I decided to cover a few of these tools in What Tech Tool Should I Use to Do That? In particular, I wanted to note the changes in Google and tools that help with the need for stronger passwords. I hope this works as a sort of basic training for the lawyer who uses technology– or anyone. . . .