Thoughts on Writing a Persuasive Appellate Brief by Daniel R. Schramm, L.L.C. on 4/25/2012 Here is an article outlining my thoughts on how to write a persuasive appellate brief. I prepared this article as part of a proposed CLE presentation on appellate advocacy. The CLE program is sponsored by the Solo and Small...more
Former Government Employees as Expert Witnesses by IMS ExpertServices on 12/13/2011 There are a lot of things that can prevent an expert from testifying: conflicts with the parties involved, restrictions from their employers, time constraints, etc. One thing, however, that should not preclude an expert is...more
A hospital’s mere ownership interest in separate and distinct corporate entities does not amount to “conducting business” for the... by Warner Norcross & Judd - Appellate Practice... on 12/8/2011 In Hills and Dales General Hospital v Pantig, Case No. 298237, the Court of Appeals concluded that a defendant corporation’s partial ownership of two local medical clinics was insufficient to establish venue under MCL...more
Civility? Really? by James D. Crosby on 11/22/2011 Civility, across the broad arch of a career, is a successful and lucrative business model. I believe it will enhance your professional career, better serve your clients, make you more profitable, and keep you sane. ...more
Social Media Ethics for Lawyers: 4 Things Attorneys Should Not Do Online by Cogent Legal on 11/17/2011 Attorneys’ seemingly benign social media activity can and sometimes does collide with the rules of professional conduct. Recently I attended a panel discussion called “Legal Social Media Gone Wild: A Look at the Ethics...more
5 Social Media Tips for Law School Grads and Solo Practitioners to Help Find a Job and Build a Practice by Cogent Legal on 11/9/2011 In light of this challenging economic climate, my law school asked that I co-present a seminar to help third-years find their first job post-graduation. Much of the information that follows about using social media also can...more
Companies Must Retain Counsel to Answer Certain Georgia Garnishments by Jeffery Saxby on 10/12/2011 The Georgia Supreme Court issued a recent order regarding the unauthorized practice of law in Georgia Courts. While companies were once permitted to answer Georgia garnishments through any authorized agent, the law now...more
Todd Janson v. LegalZoom.com, Inc. Federal Court Rules that LegalZoom Self-Help Service is Unauthorized Practice of Law by Larry Bodine on 8/2/2011 A federal district court, applying Missouri law, ruled in a summary judgment motion, that LegalZoom.com's self-help legal document preparation service is unauthorized practice of law. The service goes beyond self-help because...more
Amendment of Rule 7.3 of the Michigan Rules of Professional Conduct Michigan Supreme Court Adds Restrictions to Lawyer Marketing by Larry Bodine on 6/25/2011 Increasing burdens on small law firms, the state supreme court added restrictions on contacting potential clients, and required that "Advertising Material" appear on marketing materials....more
Jackson Reforms: A reform too far? by Martin Callan on 6/12/2011 The Jackson Reforms, proposed by Lord Justice Jackson appear to be nothing short of a direct assault on “access to justice” and the “gateway to justice”....more
Storytelling for Attorneys: How to Build a Great Narrative For Your Case by Cogent Legal on 5/10/2011 Attorneys sometimes act in trial or mediation as if they’re little more than an evidence machine collecting all the right evidence, excluding all the improper evidence, applying the law and expecting a positive outcome. That...more
Clients and Law Firms Call for a Uniform Set of Lawyer Regulations by Larry Bodine on 4/25/2011 In a stunning move, 23 major law firms have joined business clients to call for a uniform set of lawyer regulations, so that American lawyers can compete in the global economy. It's time to junk state-by-state lawyer...more
Use of Visuals and Digital Presentations At Trial – Pricing Out Small Firm/Solo Litigators? by James D. Crosby on 4/21/2011 Juries in this media age expect to see visuals and digital presentations at trial. Is this expectation giving big firms with significant litigation budgets an advantage at trial? Is it pricing small firms and solo litigators...more
Banning Ranch Conservancy v, Superior Court Of Orange County Open-ended "framework" retainer agreements do NOT create an attorney-client relationship by Larry Bodine on 3/22/2011 Open-ended "framework" retainer agreements — which give attorneys and clients the option of working together on repeat occasions — do not necessarily create a current attorney-client relationship, a California appeals court...more
Is $1,000 an Hour "Unreasonable?" by Ed Poll on 3/9/2011 The Wall Street Journal recently spotlighted the few (less than 2.9% of the total) lawyers in this country who can command $1,000 or more in hourly rates. The strong implication of the story was that these lawyers were...more