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How to Lose Your Case
In litigation, you have to persuade judges that your client’s position is correct, but don’t forget about the gatekeepers. Your motions and briefs will probably be reviewed by a law clerk before it...
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5 Ways To Keep Your Client Occupied During Mediation Downtime
Sam Glover tipped me off to this piece about how to entertain your clients during the long empty spaces that are the hallmark of a mediation session. That article is lovely and includes solid pieces of...
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Lawyers Should Take Notes by Hand
New research confirms what many of us have believed all along: taking notes by hand — with a pen and paper — is better than typing. Setting aside the potential for distraction (games), the act of...
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Reduce Legal Research Costs with Google Scholar
This was originally published as “Reducing Research Costs with Google Scholar: What You Don’t Know About Google Scholar (But Should)” in the June 2014 issue of the Cincinnati Bar Report. It is...
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Hacking Chaos: The Cornell Method of Note-Taking
Taking notes by hand is better than typing notes, because it forces you to slow down and focus on what is important. Slowing down greatly increases your understanding of information, which is why you...
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How to Prepare for Oral Argument
Oral argument is one of the most exciting parts of litigation, and only a few lawyers are really good at it. But even if you aren’t a naturally-talented presenter, you can still improve. The important...
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How to Increase Focus and Productivity with Mindfulness
February’s Time magazine cover story was “The Mindful Revolution.” The word mindfulness seems to be the new, hot buzzword, making regular appearances in the New York Times, Forbes, Harvard Business...
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What Jurors Think About Attorneys
This article was originally published in the January issue of Minnesota Bench & Bar.Regardless of the verdict given, what attorney—having argued a case—hasn’t come away wishing for more insight...
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Dealing with Rule 11 Threats and Motions
I have been threatened with Rule 11 sanctions many times, and at least a couple of lawyers have served me with a Rule 11 motion. Nothing causes an inexperienced lawyer to panic like a threat of...
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How to Write More Effective Opening Paragraphs
“By replacing formulaic openers with forceful arguments,” says Burlingame, “lawyers can capture the judge’s attention, enhance their credibility, and show from the outset why their clients should...
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New Lawyers and Law Practice: the Velociraptor You Don’t See
The #1 concern of new lawyers considering starting a law firm is usually how to get clients. It is a perfectly reasonable concern, but for some it becomes nearly all-consuming. These new lawyers...
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BP Lawyers Stretch the Meaning of “Double-Spaced”
BP’s counsel filed a brief that, at first blush, appeared just within the 35-page limit. A closer study reveals that BP’s counsel abused the page limit by reducing the line spacing to slightly less...
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5 Tips For Writing Briefs For Tablets
Many judges are reading briefs on tablets, and a survey in 2012 showed 58% of federal judges were using an iPad to do court-related work. Presumably, that percentage has gone up over the past two...
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Bestlaw for Chrome Adds the Features Westlaw Forgot
Joe Mornin, a 3L at UC Berkeley School of Law (Boalt Hall), built Bestlaw, a free browser extension for Google Chrome that adds a bunch of useful features to WestlawNext:Copy a perfect Bluebook...
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How to Handle a Mixed Check with Earned and Unearned Fees
Handling client funds correctly is critical to the success of your law practice, not only for business reasons but for ethical ones. It is essential to know how to properly handle a check which...
View ArticleHow to Hyperlink in Federal Court Filings
Related“How to Insert Hyperlinks in Word Documents”federalcourthyperlinking.org is “A compendium of resources for attorneys interested in adding hyperlinks to their CM/ECF filings.” “When I pull up a...
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Lawyers Fight Bravely to Save the Endangered Adverb
The “cool kids” have made it popular to discriminate against adverbs. Stephen King, captain of the I-Hate-Adverbs Club, even said “The adverb is not your friend.” This problem goes all the way to the...
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How to Cite Buzz Lightyear in a Legal Brief
Now you know. Although I think there is a space missing between Pixar and Animation. I suppose you might also be wondering, “In what situation might I feel compelled to cite an animated action figure...
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The Enigmatic Em Dash
Knowing how to punctuate properly is essential to good legal writing. Besides the semicolon, though, lawyers probably misunderstand—and as a result misuse—the em dash more than any other punctuation...
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Show Your Client You Are Earning Your Fee
We’ve all seen a lawyer get combative in court, accomplishing nothing very loudly with lots of gesticulating and getting red in the face. Sometimes, there is a point to be made. Often, it serves no...
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