Posted by Carolyn Elefant: “Being involved in a legal proceeding might drive many to seek therapy. But can legal proceedings also be therapeutic? That's a theory being explored by professor David B. Wexler, as described in this article (Science Daily, 9/25/07).
Wexler's research has focused on ways that law, as a "dynamic force with consequences and behavioral impacts," can be used in a therapeutic way. The article gives an example of how therapeutic jurisprudence works in practice:
Take for example the convict about to be placed on probation. Wexler says that instead of the old "you won't do this, you will do this. Goodbye, and I don't want to see you again," it may be more appropriate to engage the individual who is in the hot seat.
"It's about having a dialogue with a client. It's a more creative and flexible way of looking at existing law," he says. "I have seen examples of people who were more willing to accept judgment of the court if the court interacted with them in a certain way."
But it is not about negotiating law.
"Everything that is proposed here is possible under existing law," says Wexler, also a therapeutic jurisprudence consultant for the National Judicial Institute of Canada. "I see it as using the law in a somewhat different or creative way."
As described in this piece, it seems that therapeutic jurisprudence doesn't just help clients by making the legal process less stressful and outcomes more beneficial but it can help lawyers as well. Therapeutic jurisprudence encourages lawyers to think creatively and makes them realize that the work they do has real potential for change. And perhaps that is enough to keep some unhappy lawyers out of therapy.”
The active link is available at the source site listed below.
Source: Law.com Blog Network, 27 September 2007
Posted by Genie Tyburski: “A new feature at Lexis.com lets you query multiple sources with a single search. Search by Topic or Headnote, which you will find in the Search menu, lets you browse or search for headnotes or topics relevant to your research issue. Then, once you select a topic, you choose one or more sources in which to perform a search.
For instance, I ran a topic search using the term, plagiarism. Lexis presented 3 specific topics within the broad categories of Education Law, Computer and Internet Law and Copyright Law. After selecting Education Law, it then gave me source choices, which for this topic amounted to federal and state jurisdictions. I selected the jurisdiction and databases of interest and then ran a search.
Alternatively, I could have retrieved all headnotes relevant to the specific topic (e.g., Copyright Law - Innocent Intent) and within a certain jurisdiction. I then could have used the Focus feature to locate a specific keyword (plagiarism) or phrase within the headnotes.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 27 September 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=sep07/27sep07.xml
Posted by Robert Ambrogi: “At the urging of the U.S. Justice Department, the federal judiciary is considering whether to close Internet access to plea agreements and related docket notations in criminal cases. The judiciary is requesting public comment on the proposed restriction to be filed by Oct. 26. This would be a major step backwards for public access to government information. I urge you to submit a comment in opposition.
Reporter Marcia Coyle lays out the issues in her Sept. 17 report in the National Law Journal. Presently, these records are available in digital form through the judiciary's PACER system. They have long been available as paper files through the courts and will remain so even if they are taken offline.
DOJ's proposal reflects a dangerous trend among government officials to restrict public access to government information. Some officials seem to take the position that public access is fine as long as it requires the public to dig through musty files in government back rooms. But make public access real, through the Internet, and these officials get antsy. Just this weekend, former White House legal counsel John Dean observed in an interview with the Boston Globe that the reason for government secrecy is often that "you don't want people to know what you're doing." Of course, we have a right to know, and the Internet enhances that right.
So, if you, like me, oppose further restrictions on public access to government information, make your voice heard by filing a comment.”
The active links are available at the source site listed below.
Source: Robert Ambrogi’s LawSites, 26 September 2007
From the site: “Software Places Ads in VoIP Calls Based on Keywords Spoken
Privacy issues, you bet. Ads based on Pudding’s speech recognition are placed on a web page you view during the call. Here’s the news release.
See Also: Pudding Media Web Site and NY Times Mention”
The active links are available at the source site listed below.
Source: ResourceShelf, 28 September 2007
Posted by Tom Collins: “As you start planning for the coming year, one of the first things you need to review is how you want your firm to be thought of by clients and prospects:
• The experts—“the people who wrote the book”
• Bright, creative people
• Technologically savvy
• Friendly, easy to work with
• Understands your business
• Cost conscious
• Expensive, but who you go to when it’s “bet the farm” time
• The “No Surprises” Firm—tells you upfront what it will cost and what you will get
• Young and aggressive
• Seasoned and Proven
• Politically connected
• Knows the turf
• Low price provider
• Delivers on Time—when speed and deadlines count
Now, put yourself in a client’s or prospect’s shoes and look critically at your firm. Do you walk the walk? Does your appearance and your actions support how your want your firm to be viewed? Examine everything—every point of visual or actual contact by anyone and everything associated with the firm— business cards, office appearance, phone handling, staff dress, audio visual, web site, blog, etc.
If effectively marketed, any of the above listed value propositions can be successful. Your value proposition must speak reality. Just saying it doesn't make it true. Your marketing must aim at clients benefited by that value proposition. While you can’t make a silk purse out of a pig’s ear, you can sell a lot of pig skin if you position it correctly.”
For more good management advice read Tom’s blog faithfully at:
Source: morepartnerincome.com, 28 September 2007. Click on ”Main Page” to get more posts. You may need to use your browser’s REFRESH button to view this post.
In the news: “A great firm still needs a great Web site. It's the most visible spokesperson to deliver the firm's message. It speaks to clients, potential clients, new recruits and the media. But even the best can fade soon after they blossom. Saul Ewing's Web site was so far from greatness that it got the raspberry from marketing maestro Micah Buchdahl in his Am Law 200 site review. The firm's Web tech administrator Frances Sheldon shares how she helped turn a losing Web site into an award-winner.”
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Source: Law.Com's Daily Legal Newswire. 28 September 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Tom Mighell: “All Consuming is a blog you don't see often enough -- it's maintained by the Washington State Office of the Attorney General. It's directly mostly at consumers, with advice on knowing your legal rights, get the heads-up on new scams, and discover emerging marketplace trends. It's hoped that the blog will also help businesses better understand laws that affect how they sell and market their products.”
The active link is available at the source site listed below.
Source: Inter Alia, 28 September 2007
DIVIDING PROPERTY AFTER A DIVORCE
From the e-newsletter: “(FindLaw for the Public) For couples going through the divorce process, or anyone considering a divorce, the "Divorce" section of FindLaw for the Public's Family Law Center offers information and resources on the impact of divorce on a married couple's property, including discussion of "community" property and in-depth articles on the effect of divorce on specific types of assets -- including the family home, businesses, and personal debts.
Read more...
Related Resources
• Browse the Family Law Center”
MOTORCYCLE ACCIDENTS
From the e-newsletter: “(FindLaw for the Public) Motorcycle riders enjoy the freedoms that come with their chosen form of transportation, but they are also exposed to unique dangers not faced by automobile drivers. The "Motorcycle Accidents" topic in FindLaw for the Public's Accident and Injury Center provides helpful information and resources for anyone who has been injured in a motorcycle accident.
Read more... "
Source for both items: FindLaw’s Public Advisor. 27 September 2007. Copyright © 2007 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Written by Sara Holtz: “Imagine you're sitting across the table from a potential client you'd like to work with. The right place to start is by uncovering the client's needs.”
Read more...
Source: FindLaw’s Practice Paper. 26 September 2007. Copyright © 2007 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Sabrina Pacifici: "EFF: "Today, Judge Ann Aiken of the Oregon Federal District Court ruled that two provisions of the Foreign Intelligence Surveillance Act (FISA), "50 U.S.C. §§ 1804 and 1823, as amended by the Patriot Act, are unconstitutional because they violate the Fourth Amendment of the United States Constitution."
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 26 September 2007. Copyright ©2002-2007 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Tom Collins: “I was intrigued by an article titled on Customer Loyalty that appeared in a prior issue of the Harvard Business Review. I’m not sure of the publication date. I purchased and downloaded the article from www.hbrreprints.org.
In the article, authors Werner Reinartz and V. Kumar report that long-term customers paid lower prices than newer customer. As you might expect given the lower price, long-term customers tend not to be the highest profit producers. For law firms the question is why:
1. Do they enjoy a lower price as a reward for their loyalty?
2. Do they negotiate a discount as the price for their continued loyalty?
3. Are lower rates a reflection of the law firm’s sense of caution, i.e., let’s not rock the boat?
4. Is it just an accident—an unintended consequence for procedures and practices?
Based on my observations lower prices for long term clients tends to be a product of 2 and 3 above and there is usually more 4 than anything. Law firms consistently announce annual rate increases but they are as consistent when it comes to implementing those new rates for existing relationships. Thus the longer one remains as a client of a given law firm, the more likely they are to be priced behind the curve.
There are better ways to reward loyal clients than providing them with a non-negotiated discount.
If you want to make a big difference in distributable partner income—examine the prices being charged to clients who have continued to do business with you for at least three years and bring their pricing up to date. Second, find out why those lower prices have continued below the radar screen—what practices or procedures result in accidental and non-negotiated discounts off the firm’s target price. Then change your procedures as warranted.
Another interesting finding reported the article, The Mismanagement of Customer Loyalty, is that the highest profit producing clients are usually one-timers that spend a lot and never return. The message, as I read it, is charge a premium price and enjoy their business while you have it! Charging less is unlikely to contribute toward conversion of these one-times to long term clients. They may become one, but if so it will not be because of price.”
The active link is available at the source site listed below. You may need to use your browser’s REFRESH button to view this post.
Source: morepartnerincome.com, 27 September 2007
From the e-newsletter: “With all the bad news about your friends making you fat, where's the good news?
Read more...
Source: FindLaw’s Practice Paper. 26 September 2007. Copyright © 2007 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
In the news: “Electronically stored information and native data are not one and the same. In fact, writes attorney Craig Ball, litigants should be wary of responding to a discovery request with e-mail in its native format because it holds confidential material that's invisible to users but recoverable by your opponent. Instead, deliver responsive, non-privileged e-mail in an electronically searchable format that preserves the essential function of the native sources or quasi-native formats.”
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Source: Law.Com's Daily Legal Newswire. 27 September 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From an e-newsletter: “A social-bookmarking site lets users save links to articles on the Web. Many such services show the most-popular articles at the top of the listings.
We got a first-hand example of how this works when our Sept. 13, 2007, article, "Microsoft updates Windows without users' consent," rose to the No. 5 spot on the home page of Digg.com, arguably the Web's biggest bookmarking site. As of Sept. 26, our story (with 2,847 diggs) and a follow-up at ZDNet were still rated No. 2 and No. 1 among all stories about Microsoft published in the previous 30 days (image, left).
And that was before we'd even added links to Digg and other bookmarking sites to our top stories.
This week, associate editor Scott Dunn has an even bigger story — the fact that Microsoft's silent update is actually preventing some Windows users from getting the latest security patches. Let's all use Digg today to help others find this article on the Web, shall we? Scroll to the links
Social-bookmarking sites are as different from each other as snowflakes. They all, however, allow you to register as a user (it's free) so you can see your favorite links from wherever you have Internet access. Some sites require a valid e-mail address to confirm your registration, but as far as we know, your personal information is kept private by these sites and isn't given out.
The bookmarking sites that attract the most traffic include the following:
• Digg, one of the 200 most-visited sites on the Web, according to Alexa, uses weighted voting to determine which stories rise to the top in eight major categories and numerous subcategories. More info, how to register
• Del.icio.us (pronounced "delicious") allows you to save and tag your favorite links, which you can keep to yourself or share with your friends or the world. More info, how to register
• Reddit uses terser descriptions of articles than Digg, but encourages users to vote up or down on links, training the site to adapt to your likes and dislikes. More info, how to register
• StumbleUpon offers nearly 500 topics to help users narrow their queries to the most relevant articles. More info, how to register
There are dozens of bookmarking sites, and it would be incredibly confusing for us to show icons and links to them all. For this reason, we've developed a link that lets you choose any bookmarking site you like:
• Other takes you to a long list prepared by AddThis.com. Once you register and indicate the bookmarking service you like, you won't have to choose again. More info, how to register
• Permalink shows you the permanent location of an article on the Web. This gives you a convenient way to send a link in an e-mail to a friend.”
Source: Livingston, Brian. Windows Secrets Newsletter. Issue 124. 27 September 2007. Copyright © 2007 by WindowsSecrets.com LLC. All rights reserved. Subscribe https://windowssecrets.com/info/.
From the e-newsletter: "States are examining the correlation between cell phone use while driving and crashes. ... [M]ultiple states have identified an emerging highway safety trend of cell phone use by novice drivers and have thus restricted use." Features a table describing restrictions for cell phone use for novice and other drivers. From the Governors Highway Safety Association (GHSA), a nonprofit association that represents state and territorial highway safety offices.
URL: http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html
LII Item: http://lii.org/cs/lii/view/item/24563
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 27 September 2007. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.
From the e-newsletter: "Legal Lad offers concise, useful information from a practicing [California] attorney to help you decipher the laws that govern your daily life. Cover[s] areas of constitutional law, employment law, privacy rights, liability, criminal law, international rights, family law and wills and estates." Includes podcasts and transcripts on topics such as plea withdrawal, arbitration clauses, store security and shoplifting, drug screening, minimum wage, power of attorney, and nudity on public places. From a publishing company.
URL: http://www.quickanddirtytips.com/LegalLad/
LII Item: http://lii.org/cs/lii/view/item/24570
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 27 September 2007. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.
In the news: “Wilmer Cutler attorney John Harwood, who was a Marine Corps platoon leader in the Vietnam War, and Nicholas Henry, a third-year law student and an Iraq veteran, don't know each other, but they have a common mission: providing legal services to wounded veterans. They're not alone. Law firms, corporate legal departments and law schools are setting out to help thousands of disabled soldiers returning from Iraq and Afghanistan receive fair and timely benefits from the U.S. Department of Veterans Affairs.”
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Source: Law.Com's Daily Legal Newswire. 26 September 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Tom Kane: “If my question seems to be sophomoric, you already know the answer. Of course it is! Networking can help you learn more about your profession and needed legal skills, enjoy the environment frequented by your peers, and develop your personal interests and relationships. I got to thinking about this today, when I saw the post by Bruce Allen at Marketing Catalyst where he makes his case for networking beyond developing business.
Bruce is right of course. But….wait a minute. Networking for these “other” reasons also can lead to new business.
So, is networking important beyond the need to market your legal practice? Yes of course…..but then again, even that can be good lawyer marketing. I am not saying that you have to marry your law practice with your personal life all the time. But some of the best legal marketers I know are those that enjoy both practicing law and a personal life. Yet, maybe they seem to be natural rainmakers, because so many of those personal interests lead to clients and referral sources for their legal business after all.
Maybe it’s just a “double passion” thing. And maybe that is just smart legal marketing also.
Maybe I’ll just mosey over to the gym and network away some unneeded…..whatever.”
The active links are available at the source site listed below.
Source: The Legal Marketing Blog.com, 26 September 2007
Posted by J. Benjamin Stevens: “Why is it that most family law attorneys handle cases on an hourly basis? Did they consider and evaluate the many different billing options that are available and then conclude that this was the best one? I doubt it. I believe that the reason that attorneys use that archaic method is simply because that was the way they were taught or the way it has always been done at their firms.
When presented with the possibility of handling cases on a fixed fee basis, most attorneys say that domestic cases are too unpredictable to enable them to establish a fee with any confidence. However, I believe that is a cop out answer. The fact is that insurance actuaries establish premiums for things such as floods, earthquakes, hurricanes, and even death – all of which are certainly more difficult to predict than Family Court cases. If they can do it with some level of precision, why can’t attorneys? The answer is that we can and we should.
Attorneys benefit in the following ways from handling family law cases on a fixed fee basis:
• No longer having to track every minute of every day will mean that the attorney is no longer a slave to the billable hour. For most attorneys, tracking time is a stressful, cumbersome, and tedious process. It is inconvenient and counterproductive to have to continuously stop working on clients' cases to record what time was spent on each one, and then to track and review the recorded time at the end of each day or week.
• The attorney will gain several extra hours per week that used to be spent recording time, and this newly found time can be spent working on clients’ files, spending time with family, or relaxing – all of which are better than chasing the tail of the billable hour.
• Even more time will be saved by not having to send out as many bills per month, record and process the payments, and deal with the trust accounting issues that are involved with retainers.
• There should be no disputes with clients over the amount of a bill and/or no questions to be answered about the amount of time that was spent on a given activity, because the amount charged for the services was negotiated and agreed upon before the representation began.
• Handling cases in this manner gives the attorney the ability to decide up front if he/she wishes to represent someone for a reduced fee, such as military personnel, teachers, or other public servants.
• There are other benefits to the attorney, such as the additional leverage gained when establishing fees in this manner and the ability to deposit these fees directly into the attorney's operating account if the fee agreement is drafted properly."
For more family law tips visit Ben’s blog at:
South Carolina Family Law Blog, 25 September 2007 Then click on “Home”
Posted by Alliaon Shields: “Yesterday's Wall Street Journal article and post on the Wall Street Journal Law Blog about the current state of the legal job market for new lawyers have sparked a lot of discussion, both online and off.
According to the article, job growth for lawyers has not kept pace with the rest of the economy. Declining markets in such areas as personal injury and medical malpractice resulting from legislation limiting damages combined with more graduates seeking jobs in the legal arena have created a glut of lawyers. On top of that, law school tuition has increased significantly over the past several years, leaving many young lawyers with large loans and small or non-existent salaries.
While the news has been filled with stories about increased pay for young associates at BigLaw firms and $1000 hourly rates for top tier partners, the majority of lawyers in private practice- those that work as solo practitioners or in small firms - have been overlooked in the news.
Young lawyers and law students alike are beginning to complain that law schools haven't adequately prepared them for the current state of the job market, and haven't advised them of the difficulties in obtaining work for those who aren't top tier students. Law schools frequently publish survey responses indicating the average salary of first year students, but often the surveys are skewed because only those with high-paying jobs respond…
Continue reading this interesting post and access active links at:
Source: Legal Ease Blog, 25 September 2007
Posted by Genie Tyburski: “During the Web Search University presentation titled "When What You See Isn't What You Get," an attendee asked how I discovered the names of known exploits or files that infect Web pages. I'm terrible about remembering the names of sources, so I hedged on the answer by providing the name of one organization and mentioning the lists maintained by some anti-virus vendors. Fortunately, I'm a researcher (grin). So having now retraced my steps, I can share that information with you.
First, here's what triggered the question: Using Google, I illustrated the prevalence of infected Web pages by searching for known javascript exploits by their filename. While the owners of many of the pages in the search results had cleaned their sites, the audience saw a few live examples. I won't list the filenames because doing so could trigger overzealous filters.
Where do I find this information? There are several organizations that monitor Internet-related security issues. Several of them maintain blogs or RSS feeds for informing other security professionals. Below is a list (in no particular order) of the sources I used to prepare for the talk:
• Handler's Diary at the SANS Internet Storm Center
• Internet Security Alerts at Websense Security Labs
• Security Focus
• E-Secure-IT Alert and Early Warning System
• US-CERT” U.S. Computer Emergency Readiness Team"
The active links are available at the source site listed below.
Source: TVC Alert Research News, 25 September 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=sep07/25sep07.xml
Posted by Carolyn Elefant: “Wired GC has two posts on Google Docs that merit review. (Full disclosure: My husband works for Google, though not on this product, and even my sixth-grade daughter uses Google docs to edit a newspaper that she runs with some friends outside of school). If you're not familiar with Google Docs and how it works, this post from Wired GC offers a neat and simple explanatory video.
But why should you care about Google Docs or other open source, collaborative applications, for that matter? Wired GC responds here. He writes that Google Docs may make some users question why they've been paying so much for complicated collaborative software that Google has made available for free. And by making this application available at no charge, people become more comfortable with "software-as-a-service." Finally, Wired GC concludes:
Getting back to the law, note what is happening here. When you make working together easier, you don’t just do things better. You also do fewer things faster and therefore much cheaper. Much of the business model of the legal industry is based upon doing too many things slower.
Have you or your firm started exploring these kinds of collaboration tools? And is Wired GC right -- is the availability of fairly robust open source applications making lawyers rethink more costly models?”
The active links are available at the source site listed below.
Source: Law.com Blog Network, 25 September 2007
Posted by Sabrina I. Pacifici: “Jane Horvath, Senior Privacy Counsel at Google, has posted links to two YouTube videos providing users with details about privacy practices and personalizing your search.”
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 25 September 2007. Copyright ©2002-2007 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the e-newsletter: “So I'm here at Web Search University. Yesterday I gave a presentation on Information Trapping. I covered, among other things, blog searching. When I was finished Jeremy H came out of the audience to chat. Jeremy is an engineer at Google and the terrific guy who first told me about the change in Google's daterange: syntax.
"So why didn't you mention Google Blog search?" he asked.
"Because it's got so much spam in it," I answered, ever the diplomat.
He asked me how I was sorting the results, and I said by date. Because if you're information trapping you want the most recent stuff, not necessarily the most relevant stuff. And since the only options were most recent or most relevant, what could you do?
Aha, said Jeremy. How about using the links on the left? On the left of a Google Blog Search result page, there are several links to narrow results to a specified time frame -- last hour, 12 hours, whatever. But isn't that like a date search? I asked.
In fact, it isn't. Jeremy explained that when you narrow your search by time using the links on the left, the results from that time span are sorted by relevance. In other words, you'll still get results by relevance, but only for the time span you specified.
I had no idea I could use the left nav that way. That might be a great way to dodge spam on Google Blog Search, especially when you're testing queries for information trapping. The only downside is that this particular sorting option isn't available on Zuula.”
Source: ResearchBuzz #408. 20 September 2007. Copyright 2007 Tara Calishain. All rights reserved. Reproduced with permission of ResearchBuzz (http:// www.researchbuzz.com). Subscribe. <http://www.researchbuzz.com/>.
From the blog: "Momentum is building, a recent National Law Journal article says, to change the “100-to-1” sentencing disparity for seen between crack and powder cocaine offenses.(Subscription)
Three examples are cited by the article: the Supreme Court’s hearing Kimbrough v.U.S. next week, the Sentencing Commission’s proposed guideline amendments seeking to lower offense levels for crack cocaine; and the fact that there are already five bills in Congress, with the Senate holding hearings next month on the different penalty structure between the two offenses.
Kimbrough is asking whether in imposing a sentence that is “sufficient but not greater than necessary” district courts may consider either the impact of the “100:1 powder/crack weight ratio” implemented in the Sentencing Guidelines, or reports & recommendations of the Sentencing Commission regarding that ratio?
The bills referred to are 1383, 1685, and 1711 in the Senate; and 79 and 460 in the House of Representatives.
The Sentencing Commissions proposals were published last May 1st.and are still open to public comment until next Wednesday. Unless rejected by Congress, they’ll go into effect on November 1, 2007.
Kimbrough petitioner’s brief
Kimbrough respondent’s brief
[Also see U.S. Sentencing Commission, Report to Congress: Cocaine & Federal Sentencing Policy (1995]
U.S. Sentencing Commission, Report to Congress: Cocaine & Federal Sentencing Policy (2007)]
The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 24 September 2007
Posted by Evan Schaeffer: “Some lawyers try to improve their pre-trial settlement positions by conducting a full-blown cross-examination during an opposing expert’s deposition. The alternative is to stick to the usual goals of expert depositions: finding out what opinions the expert holds, then exploring the weaknesses in these opinions. This all becomes fodder for the later cross-examination at trial.
Which is the better approach? The risks of cross-examining during a deposition are obvious. As I wrote in my book Depositions Checklists and Strategies, "Previewing your cross-examination during a deposition may help to prepare your opponent for trial. Even if you manage to destroy the expert completely, a crafty opponent can often find a way to designate another, setting you back a step."
Now a friend has suggested a third approach, which brings us to the tip: videotape your expert depositions. By using video, you can conduct some limited cross-examination without losing much of the dramatic impact, since you can use the videotape for impeachment at trial.
The friend who uses this approach tells me his goal is to get five to ten minutes of good impeachment material during each deposition. An example would be successfully leading an expert out on a limb by extrapolating one of his weak opinions into an insupportable conclusion. Without a video record, the impact of this deposition testimony might be lost at trial. The expert will be ready for the trap and impeachment with the prior transcript might be hard to follow. Using video puts you in a stronger position. When the expert takes a different fork in the road to avoid your trap, you can cue up the video for impeachment and have the drama of the expert’s insupportable testimony reenacted in real time.
While nothing at trial ever goes exactly as planned, it’s a tip that’s worth a try.”
The active link is available at the source site listed below.
Source: The Illinois Trial Practice Weblog, 25 September 2007
From the blog: “Last week, the Ohio Supreme Court held in In re Guardianship of Hollins that Probate Court jurisdiction ceases when the ward in a guardianship case turns 18. The Court concluded that reaching the age of majority also terminates a guardian's power over a ward. This decision directly prohibited the Cuyahoga County Probate Court from approving a medical malpractice settlement because the ward turned 18 two (2) days before the Probate Court's order was journalized. Click here to read the Ohio Supreme Court's press release.
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 24 September 2007
Posted by Sabrina I. Pacifici: “Press release: "Attorney General Andrew Cuomo announced today that his office is investigating Facebook over representations the company makes about safety measures in place on its website. In a letter accompanying a subpoena for documents, Cuomo warned the company that a preliminary review conducted by his office revealed significant defects in the site’s safety controls and the company’s response to complaints - deficiencies that stand in contrast to the reassuring statements made on the website and by company officials."
The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 24 September 2007. Copyright ©2002-2007 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the site: “The term, “Made in China” has come under a lot of scrutiny as of late. The latest worldwide toy recall has created huge image problems for Chinese-manufactured goods. Today on Lawyer 2 Lawyer, we will discuss the toy recall, the effect of the recall on the global economy and the fate of global outsourcing. Law.com bloggers and co-hosts, J. Craig Williams and Robert Ambrogi welcome Professor Peter Dean, from Hong Kong Polytechnic University School of Design and a former US toy industry executive and Arthur Kroeber, managing director and head of research at Dragonomics out of Beijing, to discuss this hot topic.
Click the play button (or choose another way to listen).
>>Play in Windows Media Player
>>Download the MP3”
The active links are available at the source site listed below.
Source: The Legal Talk Network, 20 September 2007
In the news: “Like other Microsoft Office 2007 applications, Outlook has been improved with a Ribbon interface. Unlike Word or PowerPoint, the new Outlook didn't receive a drastic facelift. Instead, Brett Burney writes, it's kept some tried-and-true pull-down menus intact while facilitating access to old and new functions via the Ribbon. Burney journeys through Outlook 2007, exploring "instant search," a new To-Do bar, an improved shared calendar feature and other compelling reasons for lawyers and law firms to upgrade.”
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Source: Law.Com's Daily Legal Newswire. 25 September 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Genie Tyburski: “Google recently added more date-restricted search options to its advanced search page. You may now restrict a search to items indexed during the past 24 hours, past week or past month.
Previously, date-restricted queries found pages Google recently crawled or re-crawled. Now they retrieve pages newly crawled. While this still doesn't amount to publication date searching, it's a much-needed improvement.
In addition to Google's advanced search page, you will find similar options in Google News and Google Blog Search. Conduct a search in either, and then review the date options on the left-hand side of the page.
Google News enables limiting results to stories indexed in the past hour, day, week or month. Because Google now hosts news for select newswires, its content is among the most current available for free. Google Blog search offers similar date-restricted options.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 20 September 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=sep07/20sep07.xml
Posted by Genie Tyburski: “Since many in the Web Search University audience were unaware of the proximity search workaround at Google, here's another tip worthy of repeating. The asterisk (*) serves as a whole-word wildcard. You use it like this: word A * word B. This commands Google to find word A where it appears within one word of word B.
Some practical applications of the command include using it to find e-mail addresses or other information about people. For example, the query, email * domain.com, will retrieve the word, email (or the variation, e-mail), within one word of a domain name. If you want to cast a wider net, you might try email ** domain.com. This would catch a page with the following sentence: My email is myname@domain.com. By the same token, using 3 asterisks would catch: My email address is myname@domain.com.
Using the asterisk is also helpful in people searching, but only if the research subject has an uncommon name. For example, the query, firstname * lastname, will retrieve matches for a middle initial or full middle name.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 20 September 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=sep07/20sep07.xml
Posted by Allison Shields: “You've probably heard that it's easier to get more business from existing clients than it is to get new business from new clients. But sometimes those good clients fall by the wayside.
How do you keep good clients (and get those clients to refer other good clients)? If you're interested in finding out, you might want to take part in the free teleseminar I'm giving with Paramjit Mahli of Sun Communications Group on Tuesday, September 25, 2007 at 5:00 p.m. Eastern, entitled, "10 Ways to Lose Good Clients." To learn more and to register, click here.”
The active link is available at the source site listed below.
Source: Legal Ease Blog, 23 September 2007
Posted by Evan Schaeffer: “In terms of numbers of episodes, it's fairly new: The Digital Edge: Lawyers and Technology. But I've listened to parts of the first two episodes and they're both very interesting. I'm going to listen to them in full:
· Better than Batman’s Belt: Our Favorite Utilities
· Courtroom Technology: Lawyers Go Hollywood
Hosting The Digital Edge are Sharon Nelson, President of legal-tech company Sensei Enterprises, Inc., and Jim Calloway, director of the Oklahoma Bar Association Management Assistance Program and proprietor of Jim Calloway's Law Practice Tips. Thanks for the link to Celia C. Elwell, a paralegal in Oklahoma City.”
The active links are available at the source site listed below.
Source: The Illinois Trial Practice Weblog, 20 September 2007
From the e-newsletter: “You have been advised of a pending merger and possible office relocation and you don't know what to do. Sound familiar? Attend a free Webinar targeted to law firm management in the areas of executive leadership, marketing, risk mitigation, technology, human resources and finance. Register now for a free PLMW Webinar on Thursday, September 27, 2007 at 2 p.m. ET, 11 a.m. PT.”
A Sponsored Spotlight at:
Source: Law.Com's Daily Legal Newswire. 24 September 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the e-newseltter: "(Kevin Fayle) - It seems that everyone is a member of a social network these days. Whether it's your kids on MySpace and Facebook, or your colleagues on LinkedIn, people are taking advantage of these new online meeting spaces to make friends, communicate and expand business opportunities. But what are the legal obligations that arise out of the use of social networks, both for the user and the sites themselves? Read more...
Related Resources
• Ninth Circuit Creates Liability Risk for Social Networking Sites
Source: FindLaw’s Modern Practice. 21 June 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From the e-newsletter: “ Federal Rule of Appellate Procedure 10 states that the record on appeal consists of the papers and exhibits filed in the trial court, the transcript of proceedings if any, and a certified copy of the trial court docket entries. To qualify for inclusion in the appendix on appeal, the item or document must be a part of the record on appeal. And yet, disagreements about the appendix's contents still arise. Appellate litigator Howard J. Bashman takes a look at the issues."
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Source: Law.Com's Daily Legal Newswire. 24 September 2007. Copyright 2007. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Tom Collins:”As any organization increases in size, what worked as a smaller organization begins to break down. It becomes increasingly important to have a “play book” so everyone in the organization understands what is expected of them and what rules (core beliefs) should guide the decisions and actions of all in the firm.
Consider the real life example of a 50-attorney firm that will not allow its attorneys to enter their own time. The founding partner doesn’t believe attorneys should do “administrative work”. I’m sure that practice worked fairly well when the firm was small and everyone, including secretaries, knew what everyone was doing. But for a sizable 50-attorney firm, the practice is surely folly and will, sooner or later, get the firm in trouble.
Forty two percent of corporate clients think law firms pad their bills and the courts are not understanding about lax law firm practices for accurately tracking attorney time. The attorney is the only person who can accurately answer “What work was been done and how much of the attorney’s valuable time was spent doing it?"
Many first generation firms are the product of defections from big law. The firm was founded as a rebellion against rigid big law policies and procedures. As the product of the environment from which they fled, the founding partners didn’t require their own rule book. They were already disciplined by their experience. They did the right things without the bureaucracy. With growth, new people enter the organization without the benefit of a similar experience in a structured environment. They need the current law firm to provide structure since they bring none with them.
What about your firm? Do you still have “small firm” traditions in place that are no longer appropriate? Are you still trying to preserve an environment where there are no formal rules to play by? We have to change as we change and as the world in which we do business in changes. You can be accidentally successful for a while, but long term success and durability takes purposeful management.”
Source: morepartnerincome.com, 24 September 2007
Posted by Genie Tyburski: “(20 Sep) Having recently returned from Web Search University in Washington, D.C., I again have a store of tips I'll share in upcoming issues. The first involves corporate nanny filters. Corporate librarians in particular complained that they were unable to accomplish some research and information monitoring tasks because the sites they need to access are blocked by internal security measures.
An attendee suggested using the Google cache as a workaround for viewing some blocked sites. While this is a laborious and often unsuccessful way of accomplishing research, you work with what you have. But there is one important aspect of caching you should understand before you use it to bypass a filter. Google and other search engines cache text, but not other components of a Web page, such as graphics, video or audio. Thus, if you simply click the "cached" link, you will retrieve non-text components of the page from the source. This might cause the monitoring software to log a "visit" to the banned source.
In Google, the workaround for this potential snag is to use the qualifier &strip=1. It lets Google know you want to display the cached text, but not any other elements. But because the cached link at Google defaults to retrieving non-text portions of the page from the source, you must activate the qualifier without clicking the cached link. To do this, right-click the cached link, and then copy and paste it into a new browser window. Add &strip=1 to the end of the URL.
RELATED: Don't Use the Google Cache as Anonymous Surf
The Virtual Chase, 15 May 2003
The active link is available at the source site listed below.
Source: TVC Alert Research News, 20 September 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=sep07/20sep07.xml
Posted by Tom Mighell: “The Jing Project is something I have been meaning to talk about for awhile. It's from the folks at TechSmith, who make the fantastic SnagIt and Camtasia products for screen saving and making online movies and such. Jing does the same thing, but is a lot easier to use. Here's how it works.
Once you install it on your computer, a little yellow sphere sits at the top of your screen (or the other four sides, wherever you want to put it). Let's say you're visiting a website and want to quickly capture something you see there -- or you're chatting with someone by IM, and want to show them something on your computer. Just click the Jing button, then the Capture button, and you can easily highlight whatever's on your screen. Jing then gives you the option of creating an image or video out of it. If you just want a screen shot, click Image, and you can add annotations to it if you want -- arrows, boxes, text, etc.
Next comes the cool part. Once you're done with your image or movie, you can either Save the file to your computer, or Share it. If you choose to share it, the file is uploaded to a website, and you get a special URL that you can send to others. Here's an example: I created a short videocast demonstrating how easy it is to customize your Excel 2007 button bar -- it's nothing special, but the videocast took about 40 seconds, and uploading it took about another 30 seconds. So in just over a minute I created and shared a video with anyone on the Internet. Cool, huh?”
The active links are available at the source site listed below.
Source: Inter Alia, 23 September 2007
In the news: “Quinn Emanuel is looking to reinvent that staple of recruiting season: the callback interview. Instead of bringing students met during on-campus interviews back to the office for a series of sit-downs, the firm is arranging an all-expenses-paid October weekend of dining and drinks in Deer Valley, Utah, for about 40 students. "You can think of it as a weekend-long interview or as hanging at a resort with awesome lawyers who might give you a great job," says Quinn Emanuel second-year associate Tyler Whitmer.”
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Source: Law.Com's Daily Legal Newswire. 20 September 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Wayne Schiess:
1. “Our primary and secondary education system doesn't adequately emphasize writing education. <http://www.utexas.edu/law/faculty/wschiess/legalwriting/2007/09/legal-writing-isnt-what-it-should-be-1.html>
2. Law schools must focus on teaching legal analysis, leaving little time to focus on finer points. <http://www.utexas.edu/law/faculty/wschiess/legalwriting/2007/09/law-schools-must-focus-on-teaching.html>
3. Lawyers imbibe lots of poor writing in judicial opinions. <http://www.utexas.edu/law/faculty/wschiess/legalwriting/2007/09/legal-writing-isnt-what-it-should-be-3.html>
4. Lawyers rely on precedent documents that are often poorly written. <http://www.utexas.edu/law/faculty/wschiess/legalwriting/2007/09/legal-writing-isnt-what-it-should-be-4.html>
5. Many lawyers writing a legal analysis digest the authorities superficially; many doing drafting understand the transactions superficially.
6. Many lawyers maintain a misguided sense of professionalism, which often leads to an unnecessarily formal writing style that ignores audience needs.
7. A majority of lawyers are complacent about their writing, believing something like this: "my writing is pretty good--above average or better."
8. The time pressure of law practice doesn't allow enough revising and editing to produce a quality product.”
Check out the links for Wayne’s great insights on the first 4 reasons and watch this site for more to come.
Source: Wayne Schiess’s Legal-Writing Blog, 13 September 2007
Posted by Kevin O’Keefe: “The author of Skelliewag, a site about creating content your site’s visitors will fall in love with, guest blogs at North x East about 15 ways to become an influential blogger.
Click here for the whole post, but here's a number of the 15 I liked the best, with my two cents added.
· Play to your strengths…
· Develop a consistent style…
· Be everywhere…
· Make friends in high (and low) places…
· Respond to criticism with dignity…
· Use an authoritative voice…
· Get interviewed…
· Walk the talk…
· Give something of yourself...
Just added Skelliewag to my RSS feeds folder on blog skills. You may want to do the same.”
For Kevin’s two cents worth, visit his site at
Source: Real Lawyers Have Blogs, 18 September 2007
Posted by Jim Calloway: “What's your reaction when you hear of a lawyer who still doesn't use e-mail, or worse yet, has his secretary open and process his e-mail? It's sort of shocking to hear of a professional who doesn't use e-mail. You think they are backward, behind the times, a faithful follower of brother Ned Ludd or somehow just not a part of modern life.
You just have to love e-mail. "Here let me send you that document now" and an entire brief from a colleague appears, all ready to plunder. Not interupting someone to ask a simple question. Being able to communicate on a flexible schedule. It's free. The sense of accomplishment when you finish a project and e-mail it off.
But, of course, you also have to hate e-mail. Spam. Receiving a joke for the 10th time. Those people who cannot be trained to consult Snopes.com before passing along some silly urban legend to everyone they know. Spam. Being BCC'd when you don't care. Starting your day with 100 new e-mails in your inbox. Mysteriously vanishing e-mail. Did I mention spam?
So today I'd like to pass along a couple of essays on this topic to you that I read this week. One is from Dan Costa, PC Magazine columnist, gives us "50 Reasons Not to Send that E-mail" and one is from my colleague, Ellen Freedman who writes on "Our Love/Hate Relationship with E-mail." (PDF File)
You see? It's not just you!”
The active links are available at the source site listed below.
Source: Jim Calloway’s Law Practice Tips Blog, 18 September 2007
From the e-newsletter:"More than one in forty children in the United States has a parent in prison. ... [This site] provides free information sheets designed for people serving children of prisoners and their caregivers." Features pamphlets on topics such as visiting mom or dad, jail and prison procedures, common stress points, and tips for fostering trust and safety. Also includes a glossary and links to related material. From the Family and Corrections Network.”
URL: http://www.fcnetwork.org/cpl/cplindex.html
LII Item: http://lii.org/cs/lii/view/item/24490
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for September 2007. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.
Posted by Ernest Svenson: “It is so easy to say: "pick your battles." But, what exactly does that mean? I know the obvious answer to that question. But there must be a non-obvious answer too. Why else would so many of us waste so much time battling things that, later, seem so ridiculous.
Well, for one, we rarely, if ever, see the thing we fight for as a waste of time. We live in narrow strips of time, and in that time all of our battles are of paramount importance. We spend little time on strategic planning, and most of it in the fog of war.
We often fight to force our views on others, whether they are inclined to accept our views or not. Religions like to do this, but so do many well-meaning people. Well-meaning people have fought all kinds of senseless battles over the years. Just in the past century well-meaning people tried to keep women from voting, and blacks from having equal rights in society.
Oh sure, it's now obvious to most people (although there are still some holdouts) that women should be allowed to vote and blacks should be allowed to have social dignity on an equal footing with whites. We have all kinds of parades to commemorate the just battle of the righteous for those struggles. We forget about the ill-conceived battles of the 'non-righteous.' We completely forget that well-meaning people fight ridiculous battles all the time. And who are we? Why well-meaning people, of course.
And what about the non-epic battles? The ones that, if won, will never be commemorated with a parade or a holiday? What about those every day little struggles that we all engage in constantly? What does it mean to 'pick your battles' there? Who will teach us to identify the senseless battles in our everyday life? In this case there is an obvious answer. But, unfortunately, it's not one we like to think about.
Here's a question to help move things along…”
Continue reading this interesting post at the source site listed below.
Source: Ernie the Attorney, 6 September 2007