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Litigation & Courts: Policy and Practice

The Rituals of Oral Argument – Please Share Yours!

October 26, 2008 by Carolyn Elefant

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

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 [...]

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Seventh Circuit and Wikis

May 11, 2007 by Carolyn Elefant

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 [...]

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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

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

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

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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What David Swanner’s Giving Away, and Not Just for Holiday Gifts

November 27, 2005 by Carolyn Elefant

A few weeks ago at Blawgthink, I met David Swanner, who blogs at  South Carolina Trial Law Blog.  David was giving out copies of his Winning With Powerpoint CD that you can get from him through his blog as described here.   From David’s perspective, the payment is possible referrals, but more importantly, an opportunity to [...]

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Solos and Small Firms Should Cautious When It Comes to Litigation Financing

July 4, 2005 by Carolyn Elefant

Fellow solo and small firm lawyers:  another litigation financing company wants to sell you a service, claiming that it’s just what you need. According to this recent press release,  LegalFish Bridges the Funding Gap for Plaintiffs and Attorneys in Litigation.:
The purpose of the [Life Funding] program will provide access to non-recourse loans that can [...]

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Being Nice Can Pay Off

March 31, 2005 by Carolyn Elefant

Lawyers take different approaches to litigation – some believe that a threatening, aggressive demeanor produces results, some prefer a cool, professional air (think robotic!), others adopt a good old boy, blackslapping friendliness.  This post by Seth Godin persuasively argues in favor of the power of being nice.  (among other things, you may save your client [...]

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More on Lawyer Rates

December 6, 2004 by Carolyn Elefant

Reader attorney Frank Kautz passed on to me this link to the "Laffey Matrix," which lists the court approved hourly rates for fee shifting case in the District of Columbia.   The rates start at $105/hr for paralegals and law clerks and top out at $380/hour for attorneys with 20 years of experience or more.  The [...]

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