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The Researching Paralegal

Tag Archives: William P. Statsky

What Judges Want.

16 Saturday Sep 2017

Posted by Celia C. Elwell, RP in Bad Legal Writing, Legal Argument, Legal Writing, Persuasive Writing, Readability

≈ Comments Off on What Judges Want.

Tags

Legal Writing, Legal Writing Pro, Ross Guberman, William P. Statsky

Judges Speak Out Behind Closed Doors: How Your Briefs Might Bug Them, and How You Can Make Them Smile Instead, by Ross Guberman, Legal Writing Pro (with hat tip to William P. Statsky)

https://www.legalwritingpro.com/blog/judges-speak-out/

Ross Guberman is one of my favorite legal writing experts. Mr. Guberman conducted an anonymous and broad survey of judges’ likes and dislikes on legal writing. If you are serious about winning, then you care whether your judge not only reads and understands what you write, but also likes it. -CCE

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What Will Ignoring the Court Rules Get You? A Big Fat Benchslap.

08 Tuesday Aug 2017

Posted by Celia C. Elwell, RP in Bad Legal Writing, Benchslap, Brief Writing, Editing, Footnotes, Judges, Legal Writing, Motions, Plain Language, Proofreading, Readability

≈ Comments Off on What Will Ignoring the Court Rules Get You? A Big Fat Benchslap.

Tags

Court Rules, Editing, Findlaw, George Khoury, Legal Writing, William P. Statsky

Florida Judge Tosses Improperly Spaced Court Filing, by George Khoury, Esq., Strategist, The Findlaw Law Firm Business Blog  (with hat tip to William P. Statsky)

http://bit.ly/2uP9FyB

Mr. Khoury says that “[h]ell hath no fury like a Florida judge who receives an improperly formatted brief.” You better believe it. Why on earth would you ignore the format requirements in your court’s local rules? Folks, this just isn’t that hard.

The author of this motion for summary judgment thought the court would either ignore or not notice that the motion and supporting brief were spaced 1-1/2 lines rather than double-spaced. And who’s going to notice longer-than-usual footnotes? Really? Any judge or clerk whose job it is to read, read, and then read some more every dad-gum day.

Seriously, do you want to plow through heavy footnotes? Hands? Didn’t think so. Neither does your judge. Why risk alienating the person you are trying to convince? The stakes are too high to cling to a style of writing that sets you up to lose before anyone reads your motion or brief.

There are other, and much more effective ways, to trim a motion and brief. Editing is the key.

  1. Eliminate any unnecessary word.
  2. Remember that subject and verbs go together.
  3. Use short sentences.
  4. Delete all legalese. Yes, all of it. No excuses.
  5. You can always delete “in order.” Try it – it will not change the meaning in your sentence. These are an example of filler words that just take up space.
  6. Stop using phrases such as “brief of the plaintiff.” Write “plaintiff’s brief” instead.
  7. Never, never, never use long block quotations.
  8. Quote from a court opinion only when the court says it better than you can.

A quick search of this blog will give you tons of editing tips. I promise that you can get your point across with fewer words. It is not the number of words you use that count; it is what words you choose and how you say it. -CCE

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Tips on Writing Persuasive Propositions.

02 Thursday Mar 2017

Posted by Celia C. Elwell, RP in Brief Writing, Legal Writing, Persuasive Writing, Propositions and Headings

≈ Comments Off on Tips on Writing Persuasive Propositions.

Tags

©Now Counsel Network, Briefs, Legal Writing, Lisa Solomon, Persuasive Legal Writing, Propositions, William P. Statsky

How to Write Effective Argument Headings, by Lisa Solomon, NOW Counsel Network (with hat tip to William P. Statsky!)

http://bit.ly/2ljxJbg

Ms. Solomon calls them argument or point headings. I call them propositions. Regardless, their importance as a persuasive writing tool in any brief should never been overlooked.

A proposition or heading is a succinct statement that states the question or issue to be discussed and answered in your brief. If done correctly, the reader – your judge – should follow the logical flow of your brief’s argument by simply reading the propositions and sub-propositions.  

A proposition that is a positive statement is more persuasive than a question.  Even better, your proposition should state positively what the court ought to do and why. X should happen because of Y or, because of Y, X should happen.  Regardless of the format you use, a proposition that says why the court should rule as you want is always more persuasive. -CCE

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The Quintessential Contract Drafting Checklist.

23 Saturday Jul 2016

Posted by Celia C. Elwell, RP in Contract Law, Legal Analysis, Legal Writing

≈ Comments Off on The Quintessential Contract Drafting Checklist.

Tags

Contracts, Glen D. West, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., State Bar of Texas In-House Counsel Course, William P. Statsky

A Contract Drafting Checklist, posted by Louis J. Sirico, Jr., Director of Legal Writing, Professor of Law, Villa Nova University School of Law, Legal Skills Prof Blog (with hat tip to William P. Statsky)

http://lawprofessors.typepad.com/legal_skills/2016/07/a-contract-drafting-checklist.html

This is a gem.  It is specifically targeted for anyone interested in contract law. If contract law is not your area, I encourage you to read it anyway – and bookmark it. -CCE

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Canada Revokes Paralegal’s License.

13 Wednesday Jul 2016

Posted by Celia C. Elwell, RP in Malpractice, Rules of Professional Responsibility

≈ Comments Off on Canada Revokes Paralegal’s License.

Tags

Federation of Law Societies of Canada, Legal Ethics, Legal Profession Prof Blog, Legal Techicians, Mike Frisch, Paralegals, William P. Statsky

Paralegal License Revoked, by Mike Frisch, Legal Profession Prof Blog (with hat tip to William P. Statsky)

http://bit.ly/29ASMw6

There has been increasing discussion in the United States about creating class of paralegal often called “legal technicians.” Some states already have them. There are arguments pro and con on both sides. The underlying idea is to find a way to provide legal services at a lower rate making legal services more affordable.

But here’s the sticker. There are rules and laws to address situations where lawyers commit malpractice. Are there similar provisions for legal technicians and, if so, what are they? How do they protect consumers, is there any kind if discipline, and who is responsible for that oversight and discipline?

Canada might be good example to help answer some of these questions. What do you think? -CCE

Unlike its American counterparts, the Law Society of Upper Canada has and exercises disciplinary authority over paralegals,

The Law Society Tribunal revoked a paralegal’s license.

‘[M]r. Djukic’s actions clearly brought discredit upon the paralegal profession. Through his work as an immigration consultant and his standing as a paralegal, Mr. Djukic was able to meet and, ultimately, to persuade members of two families to provide him with monies totaling more than $900,000.’

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Using the Wayback Machine To Authenticate Evidence.

24 Tuesday May 2016

Posted by Celia C. Elwell, RP in Evidence, Intellectual Property, Research, Rule 901, Wayback Machine

≈ Comments Off on Using the Wayback Machine To Authenticate Evidence.

Tags

CMLaw Library Blog, Evidence, Internet Archive, Research, Rule 901, Wayback Machine, William P. Statsky

Wayback Machine Builds Reputation with Judiciary, by CMLaw Library Blog (with hat tip to William P. Statsky)

http://cmlawlibraryblog.classcaster.net/2016/05/12/wayback-machine-builds-reputation-with-judiciary/

What is the Wayback Machine? It’s been around since 2001. It is a mega-archive of websites. If you are a serious researcher, it is worth your time to learn how to use it. It is more than just a trip down nostalgia lane. You can easily find blog posts, articles, and videos that will give you an in-depth explanation on the Wayback Machine’s creation and what it does.

I like this post because it is the first illustration I’ve seen in which someone used the Wayback Machine as persuasive evidence in court. Thanks, Bill! -CCE

An April 2016 decision from the District of Kansas has given judicial notice to information contained in screenshots from the Wayback Machine. The Internet Archive’s Wayback Machine preserves images of websites as they appeared at particular points in time. In the case at hand, Marten Transport, Ltd. v. PlattForm Advertising Inc., (D. Kan., Case No. 14-2464-JWL, 4/29/16), Marten sued PlattForm for infringement, alleging that PlattForm had continued to display Marten’s logo on PlattForm’s website after the two had stopped doing business together.

The court determined that testimony from an employee of the Internet Archive concerning the screenshots showing PlattForm’s website at the time in question was enough to meet the standards in Federal Rules of Evidence, Rule 901.

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New Jersey Lawyers Use Paralegal to Spy on Facebook and Cross the Ethical Line.

30 Saturday Apr 2016

Posted by Celia C. Elwell, RP in Attorney Discipline, Legal Ethics, Social Media, Supervising Support Staff

≈ Comments Off on New Jersey Lawyers Use Paralegal to Spy on Facebook and Cross the Ethical Line.

Tags

Facebook, Findlaw, Jonathan R. Tung, Legal Ethics, Paralegal Ethics, William P. Statsky

NJ Lawyers Get Sanctioned for Facebook Spying, by Jonathan R. Tung, Esq., Strategist, The FindLaw Law Firm Business Blog (with hat tip to William P. Statsky)

http://bit.ly/1X0X44k

When news came out that two New Jersey defense attorneys had spied on a plaintiff through Facebook, there was obvious buzz within the legal community over bright-line rules and attorney ethics. Just what qualifies as an ‘unauthorized’ communication? Lawyers should always take steps to tread carefully in these ‘novel ethical issues.’ First impression or not, you don’t want to end up being the poster child.

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The Oklahoma Supreme Court Sanctions Attorney for Computer Illiteracy.

31 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Attorney Discipline, Bankruptcy Court Rules, Bankruptcy Law, Diligence, Legal Ethics, Oklahoma Supreme Court, Sanctions, Technology

≈ Comments Off on The Oklahoma Supreme Court Sanctions Attorney for Computer Illiteracy.

Tags

Attorney Discipline, Bankruptcy Court, Computer LIteracy, Legal Profession Blog, Mike Frisch, Oklahoma, William P. Statsky

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

 

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The 20th Edition of the Bluebook Has Arrived. Let’s Party!

01 Tuesday Sep 2015

Posted by Celia C. Elwell, RP in Citations, Legal Writing, The Bluebook

≈ Comments Off on The 20th Edition of the Bluebook Has Arrived. Let’s Party!

Tags

Charlotte Law, Cynthia Pittson, Legal Citation, Pace Law Library, The Bluebook, The Charlotte Law Blog, William P. Statsky

The New Bluebook is Here!, by Charlotte Law, The Charlotte Law Blog, The Official Blog of the Charlotte School of Law (with hat tip to William P. Statsky!)

http://charlotteschooloflawblog.com/2015/09/01/the-new-bluebook-is-here/

The Twentieth edition of The Bluebook: A Uniform System of Citation (20th ed. 2015) has arrived!

*           *           *

So What’s New about the Twentieth Edition?

That’s the question everyone wants to know, including me. A detailed answer is in the Preface to the Twentieth Edition on page VII. Cynthia Pittson of Pace Law Library has created a really helpful chart of the changes at http://lawweb.pace.edu/library/bluebook_changes_20th.pdf. The twentieth edition is 50 pages longer than the last edition. . . .

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Upper Canada’s Paralegal Rules of Conduct.

16 Sunday Aug 2015

Posted by Celia C. Elwell, RP in Canada, Canada Licensing, Paralegals/Legal Assistants, Professional Organizations

≈ Comments Off on Upper Canada’s Paralegal Rules of Conduct.

Tags

Paralegal Ethics, Upper Canada Paralegal License, Upper Canada Paralegal Resources, Upper Canada Paralegal Rules of Conduct, William P. Statsky

The Law Society of Upper Canada – The Paralegal Rules of Conduct (with hat tip to William P. Statsky!)

http://www.lsuc.on.ca/uploadedFiles/Chapter1ParalegalRulesConduct.pdf

Upper Canada Paralegal Resources

http://www.lsuc.on.ca/for-paralegals/resources-for-paralegals/

Includes information about how to become a paralegal, how to become licensed, and how to manage your paralegal practice. -CCE

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Big Law Firms Miss $1.5 Billion Dollar Mistake.

07 Friday Aug 2015

Posted by Celia C. Elwell, RP in 2nd Circuit Court of Appeals, Diligence, Lawyer Supervision, Legal Ethics, Malpractice, Paralegals/Legal Assistants, Rules of Professional Responsibility, Supervising Support Staff

≈ Comments Off on Big Law Firms Miss $1.5 Billion Dollar Mistake.

Tags

Above the Law, Due Diligence, Joe Patrice, Legal Ethics, William P. Statsky

Mayer  Brown & Simpson Thacher Make Epic Screwup, by Joe Patrice, Above The Law (with hat tip to William P. Statsky)

http://abovethelaw.com/2015/01/mayer-brown-simpson-thacher-make-epic-screwup/

It is rare indeed to find such a dearth of responsibility among so many fine legal professionals. If you can, follow the bouncing ball. –CCE

Mistakes happen. It’s why pencils have erasers. But it’s also why law firms install tier after tier of increasingly senior professionals to second-guess every ounce of work product. It’s remarkably effective — and fairly lucrative on an hourly basis.

Unfortunately, the flip side of a tiered system is a tendency toward over-delegation. And that’s how an unwary paralegal ends up costing a bank millions. . . .

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Yes! Ohio Court Rules Missing Punctuation Changes Interpretation Of Municipal Code.

11 Saturday Jul 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Grammar, Legal Analysis, Legal Writing, Proofreading, Punctuation, Statutory Interpretation

≈ 1 Comment

Tags

Commas, Municipal Ordinance, Punctuation, Sarah Larimer, The Washington Post, William P. Statsky

Ohio Appeals Court Ruling Is A Victory For Punctuation, Sanity, by Sarah Larimer, The Washington Post (with hat tip to William P. Statsky)

http://tinyurl.com/q7vzjws

Punctuation nerds, rejoice! For all of us who care deeply about really good legal writing, grammar, and punctuation, today we are vindicated! Thank you, Judge Robert A. Hendrickson, of the Twelfth District Court of Appeals in Ohio. -CCE

Look, I know you’re all busy, but let’s just take a minute today and celebrate Judge Robert A. Hendrickson and the 12th District Court of Appeals in Ohio.

These defenders of punctuation.

These champions of copy editors everywhere.

That one court that totally called out a village ordinance for its comma-related failings.

(I know!!!)

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The 20th Edition of the Bluebook Has Finally Arrived.

30 Saturday May 2015

Posted by Celia C. Elwell, RP in Citations, Legal Writing, Link Rot, The Bluebook

≈ Comments Off on The 20th Edition of the Bluebook Has Finally Arrived.

Tags

Barco 2.0: Law Library Reference, Perma CC, The Bluebook, University of Pittsburg, William P. Statsky

The Bluebook!, by Barco 2.0: Law Library Reference, University of Pittsburg (with hat tip to William P. Statsky)

http://tinyurl.com/qgxnokh

The approximate cost for the 20th Edition is around $30. If you buy it online to get the free month of the Bluebook Online, it will cost $38.50:  https://www.legalbluebook.com/Purchase/Products.aspx?op=Book.

You will find the changes made to the 20th Edition at the beginning of the book. Each new edition provides this information to allow you to see up front to show what has been revised and added to the book.

I am glad to see that this Edition of the Bluebook is addressing the problem of link rot by using Perma.cc. I’ve blogged previously about Perma.cc. I used it exclusively on this blog for a time until more than one posts were lost because the link no longer worked. Perma.cc is still the best tool available now to address link rot. Let’s hope that it works out its reliability problems. -CCE

The 20th Edition of The Bluebook is now available. For this edition, when you purchase a printed copy of The Bluebook, you will get a FREE 30 day trial to the Bluebook Online; look for your free trial key on the back of the title page. The Bluebook for iPad, iPhone and iPad Touch are available via the Rulebook app in the App Store. Perma.cc is pleased to see that this Bluebook now recognizes Perma.cc as a reliable tool for preserving internet sources. . . .

Continue reading →

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Who Knew Adverbs Were So Dangerous?

10 Sunday May 2015

Posted by Celia C. Elwell, RP in Appellate Writing, Legal Writing

≈ Comments Off on Who Knew Adverbs Were So Dangerous?

Tags

Adverbs, American Bar Journal, Debra Cassens Weiss, Grammar, William P. Statsky

Using Adverbs Recklessly Can Hurt Your Appeal And Vex The Courts, by Debra Cassens Weiss, American Bar Journal – Appellate Practice (with hat tip to William P. Statsky)

http://tinyurl.com/mvggq6p

Adverbs can be a boon and a bane to lawyers who argue over the meaning of words such as ‘knowingly,’ ‘intentionally’ and ‘recklessly’ and sprinkle them throughout their briefs.

Indeed, the number of disputes over how to interpret adverbs in criminal statutes has surged since the 1980s, the Wall Street Journal (sub. req.) reports, citing research by Brooklyn Law School professor Lawrence Solan. But losing an argument over statutory construction isn’t the only downside to adverbs. . . .

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Excellent Editing Tips From Jonathan Van Patton.

09 Saturday May 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Editing, Legal Argument, Legal Writing, Readability

≈ Comments Off on Excellent Editing Tips From Jonathan Van Patton.

Tags

Editing, Jonathan Van Patten, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Persuasive Writing, South Dakota Law Review, William P. Statsky

“On Editing,” by Louis J. Sirico, Jr., Legal Skills Prof Blog (with hat tip to William P. Statsky)

http://lawprofessors.typepad.com/legal_skills/2015/05/on-editing.html

 

Excellent article on editing! Editing is no easy task. You have to practice to do it well.

This article focuses on editing, but also on persuasive writing. Anyone interested in writing a winning brief, motion, or opening and closing argument will like this one. -CCE

An excellent treatise on editing and writing is Jonathan Van Patten’s article “On Editing,” 60 South Dakota Law Review 1 (2015). Employing an extremely clear writing style, he states and explains his propositions on good writing. I plan to distribute the article to the editors of my school’s law reviews.

You can access the article here.

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William P. Statsky’s Legal Thesaurus/Dictionary.

31 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Editing, Legal Analysis, Legal Dictionaries, Legal Writing, Primary Law, Proofreading, References, Research, Spell Checking

≈ Comments Off on William P. Statsky’s Legal Thesaurus/Dictionary.

Tags

Common Law, Justice Marian P. Opala, Legal Dictionary, Legal Reference, Legal Terminology, Legal Thesaurus, Oklahoma Supreme Court, Statsky’s Legal Thesaurus/Dictionary, William P. Statsky

Recently, I saw a Dictionary of Legal Terms advertised on Amazon. I am sure there are many excellent dictionaries, including Black’s, that are useful. I have for many years now relied on Statsky’s Legal Thesaurus/Dictionary, which was a gift from a former boss. 

At one time, I worked for Justice Marian P. Opala at the Oklahoma Supreme Court. Justice Opala was simply brilliant – I can think of no other description. He was precise in his choice of words, and worked diligently to craft his formal opinions for the Court. He was absolute stickler for legal writing perfection in every way imaginable, and he abhorred legalese.

One of my tasks was to proofread and make editing suggestions for his draft opinions. I found Statsky’s book to be invaluable. In one instance, I used it to find an alternate clause to edit an old common law phrase.

When Justice Opala asked how I had come up with the suggestion, I sweated bullets and expected to be chastised for my choice. Instead, he explained that he wanted to know how I had been able to come up with an alternative that did not change the legal meaning of his original phrase. He was impressed. I was relieved.

It would have been wonderful if I could have truthfully said that I came up with it completely on my own. Instead, I shared how I had found it in Statsky’s book.

Over time, Justice Opala got the notion that the book belonged to him. When I left his chambers for another position, Justice Opala protested when I packed it with my other belongings. I had to show him the flyleaf where my former boss had written a message to me to assure Justice Opala that it was indeed my book, and not his.

I can think of no greater endorsement than Justice Opala’s opinion. I take the book with me to legal writing seminars as a recommended addition to anyone’s reference library. And I keep a copy at the house and at the office. If you are looking for such a resource, I can endorse it without hesitation. -CCE

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Rewrite Legalese – This Is How You Do It.

15 Thursday Jan 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Editing, Legal Writing, Legalese, Plain Language, Readability

≈ Comments Off on Rewrite Legalese – This Is How You Do It.

Tags

Joseph Kimble, Legal Skills Prof Blog, Legalese, Louis J. Sirico Jr., Plain English, Plain English Movement, William P. Statsky

Examples: Translating Legalese into Plain English, by Louis J. Sirico, Jr., Legal Skills Prof, Legal Skills Prof Blog (with hat tip to William P. Statsky!)

http://lawprofessors.typepad.com/legal_skills/2015/01/examples-translating-legalese-into-plain-english.html

Having problems rewriting legalese into understandable plain English? Use these excellent examples from Joseph Kimble, one of the legal writing giants, posted by another great legal writing expert, Louis J. Sirico, Jr. – CCE

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How Are Your Punctuation Skills?

21 Sunday Dec 2014

Posted by Celia C. Elwell, RP in Editing, Legal Writing, Proofreading, Readability

≈ Comments Off on How Are Your Punctuation Skills?

Tags

ABA Journal, Editing, Jack McNeill, Legal Writing, Pace Law Library Blog, Punctuation, William P. Statsky

Improve Your Writing Skills. How Would You Punctuate these Paragraphs?, by Jack McNeill, Pace Law Library Blog (with hat tip to William P. Statsky!)

http://tinyurl.com/ovqs4qr

Bill Statsky ran across this jewel, and was kind enough to send it along. Regardless of how well we think we write, there is room for improvement for many of us, myself included. Exercises such as this help to hone our skills. -CCE

From the ABA Journal we have this challenge. Two paragraphs are proposed. They include no punctuation. How would you punctuate them? Proper punctuation improves the clarity and flow of your writing. Try your skills. Later in the article the paragraphs are shown professionally edited. If you did not do well against the professional, think about how the professional approached the paragraphs and what you might do to use those skills to improve your own writing. The article is here: How are your punctuation skills? Try this comparison exercise to find out.

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