My Shingle

Litigation & Courts: Policy and Practice

Should You Ever Play the Solo Card?

November 16, 2011 by Carolyn Elefant
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For solo and small firm lawyers who routinely battle big law, there’s often a temptation to play the solo card. In other words, to seek special dispensation from court rules and practices in light of solos’ more limited time and resources. Some lawyers believe that playing the solo card is justified as a way to [...]

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Practice Tips, Courtesy of Rakofsky v. The Internet

June 7, 2011 by Carolyn Elefant
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(updated, 7 am 6/7/11 to change a few points) As I mentioned a few weeks back, I’m one of the 81 defendants who’s been sued by Joseph Rakofsky. The post that won me an admission ticket to the front lines of this lawsuit tracked a theme common to 45 other posts I’ve written: what not [...]

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Where I’ve Been Hanging Out Online

May 3, 2011 by Carolyn Elefant
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So I know that there wasn’t much happening  at MyShingle last week. Between my talk on starting a practice at Georgetown Law and three days catching up with clients and colleagues at my trade association’s Global Marine Renewable Energy Conference, I didn’t have much energy left for posting. In addition, I’ve been spending a bit [...]

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Making Your Clients’ Cases Pay for Themselves

April 22, 2011 by Carolyn Elefant
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So here’s a hypothetical for you. Sympathetic client with an interesting and compelling case seeks to retain you. The client can pay something, but most likely not enough to see the case through. What do you do? (a) Send the client packing; (b) Take the case and treat it as pro bono or (c) Find [...]

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The Rituals of Oral Argument – Please Share Yours!

October 26, 2008 by Carolyn Elefant
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Ever since I advanced, rather surprisingly, through the rounds of my first year Moot Court competition, I’ve adhered rigorously to certain rituals of oral argument.  Back then, my rituals involved meditating in front of a candle and listening to this James Taylor album over and over again.  These days, I memorize case citations and JA [...]

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You know what…this judge WAS a few fries shy of a Happy Meal

May 31, 2007 by Carolyn Elefant
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Ever since I’ve started my site, I’ve blogged about situations where, in my view, judges have gone way over the line in sanctioning attorneys for conduct, such as sending a lawyer to jail for refusing to apologize or showing up late for a hearing. But typically, these sanctions have issued against solo and small firm [...]

Read more Biglaw Practice and Issues 18 comments

Seventh Circuit and Wikis

May 11, 2007 by Carolyn Elefant
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The Seventh Circuit just introduced a really neat tool that I posted on at Legal Blogwatch: a wiki that judges and practitioners can update with helpful tips and advice on court practice. The wiki will help Seventh Circuit newbies, but as I wrote at Blogwatch, more experienced lawyers can use the wiki for marketing. Let’s [...]

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Even the Best Lawyers Have Bad Days – But They Know How To Cover When They Do

December 10, 2006 by Carolyn Elefant
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Perhaps the greatest fear that I hear from most shinglers-to-be is the fear making mistakes.  For example, many lawyers contemplating solo practice, whether fresh out of school or after a tenure at biglaw, have never argued a motion, filed a complaint or taken a deposition (sometimes they’ve never even observed others doing it).  They’re afraid [...]

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A $2 Million Reason to Keep Control in the Courtroom

April 9, 2006 by Carolyn Elefant
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I have a feeling that the state bars will be a little less busy reprimanding lawyers in Staten Island for unprofessional conduct after the decision reported in $2M award yanked after lawyer’s theatrics go too far, (Staten Island Advance 4/7/06).  Now that lawyers know that unprofessional remarks can cost them and their clients money, they [...]

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Free Sample Pleadings Online

January 6, 2006 by Carolyn Elefant
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At his Illinois Trial Practice blog, Evan Schaeffer links to the Miller and Zois Attorney Help Center.  The Help Center makes available, online, sample pleadings, motions and discovery materials for personal injury cases in Maryland, though many might potentially serve as a model for other states as well (though don’t forget to check applicable state [...]

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