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"Footnote Guidance" posted by ~Ray
Posted on 2008-10-05 02:32:05

focuses on civil and criminal appeals and writs civil post-trial motions and select civil litigation. I evaluate express act cases throughout California and federal cases on appeal throughout the Ninth Circuit. The California Blog of Appeal is an appellate practitioner's take on practice and legal developments in the California Courts of Appeal. California Supreme act and the Ninth Circuit Court of Appeals. But it's not just for appellate lawyers. The cerebrate of this blog is on issues at the intersection of trial and appellate practice: (1) substantive legal developments; (2) appellate procedure standards of review and appellate jurisdiction that can greatly influence how a trial attorney shapes litigation at the trial level; (3) post-trial practice in the trial courts; and (4) writing oral advocacy and other practical skills. The contents are provided for purposes of information and commentary only and are neither intended as nor to be relied upon as legal advice. Footnotes. Some people love ‘em and some people hate ‘em. And if you don’t experience which way the judges deciding your appeal lean on the issue and you can’t resist using footnotes you’ll want to at least use them “correctly” — if there is such a thing. In. New Orleans appellate attorney Raymond Ward notes an article by The John Marshall Law School’s entitled When a Rose Isn’t ‘Arose’ Isn’t Arroz: A Student Guide to Footnoting for Informational Clarity and Scholarly Discourse. which according to Ward divides footnotes into three types and describes the appropriate use of each type. This is Ward’s second alert to a footnote article in as many months. Last September somewhat differently going so far as to say the author found non-citation based footnotes — that is footnotes containing anything other than citations to authority — to be “useless.” Like I said: some people love ‘em and some people hate ‘em. I evaluate those two groups probably break down along these lines: Writers like ‘em readers hate ‘em. The articles Wardreferences are posted at Social Science Research Network. Links to the articles are provided in the respective posts at the (new) legal writer mentioned above. I'm writing a series of posts on why some lawyers and clients are reluctant to engage appellate counsel. I'd love to hear from anyone who has ideas for post topics in this series. To read the announcement of the series and/or to leave a comment suggesting a topic click. To read all posts in the series to date click. ______________________________________ Subscribe in a Newsreader or Web Aggregator: Our feed ordain alter on the fly to RSS or Atom depending on your aggregator/newsreader. To subscribe in a newsreader click on the large "RSS" icon below:

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"Re: thinking of going to law school = what do current attorney ..." posted by ~Ray
Posted on 2008-07-01 07:29:50

In the past two years through personal experiences. I've had to learn custody law criminal law real estate law and now probate. I've really come to enjoy my time researching laws and talking with attornies. I'm toying with the idea of going approve to school to be one myself. Obviously. I am a non-traditional student with children. I'm just curious how others in the field conclude about their profession. Is it still lucrative or is there too much competition now? I know it inherently has a lot of politics but can you comfort feel like you occassionally make a difference? Is there a specialty you would advise? Obviously. I experience I am opening myself up for all kinds of lawyer jokes - but I would like a few honest opinions while considering this HUGE life change. I convey. I haven't been in school in 10 years!Thanks. I considered it -- I lack a few hours till a bachelors -- but will most probably not do it. alter now I give a lot of time to 'legal assistance' write projects and I enjoy it immensely. But I am afraid that I do not be to pay my entire life searching for loopholes... and that's what the legal system has become. FOr what it's worth..... I think it could be a great profession but I would be the poorest lawyer in town. As a kid and still as an adult. I atrract "strays" and feel it is my duty to help them. Besides. I could never represent a murderer child molester rapist. DWIer drug dealer etc.... So a criminal attorney would be out. That leaves civil law and I evaluate I would get tired of watching divorcing couples bicker and fight over everything including their children. Hmmm perhaps a real estate or defer attorney would be pretty much all that remains since I don't want to broach with the IRS either. Oddly enough. I went to college for Criminal Justice then life sent me a curveball that arrived 9 months later! If you undergo a like and passion for law... Go for it! Kudo's to you for wanting to continue your education! I think that if a person entered the profession of law with the wish to help other’s with their personal troubles they’d soon become cynical and jaded. Believe this would become sooner or later. One attorney and not to have in mind names talked of a situation that had involved a threat to his young son……good example. That would have a serious effect on me…. On the other hand if one would enter the profession to help causes… they might make little money but that could be more stimulating. I have found very few attorneys in this category. Perhaps some of these had entered politics but had lost their paths….? Perhaps others had lost faith in society. Thereby becoming as cynical as I. And although my job requires a pretty tough hide it is not nearly as tough as it would be to be to repel what a lawyer would have to. Not what ya wanted to hear. But you did ask….. Other means that are less consuming are available. And more conductive to good mental health mental health mental health. More conductive conductive conductive. Health. But as one kid putting himself through law school had been my apprentice prepare apprentice things had rubbed off. Seriously: To enter the profession of law is somewhat similar to entering the medical profession… if one does it only because of the money. I`d want neither. One lawyer that I know talks about getting a job at a bank in collections. Another dropped his license. Another (the aforementioned apprentice) has disappeared. But who knows maybe their expectations of making a fortune had been a tad too high….?There is another lawyer that could be writing a book of philosophy…… There hasn't been any activity on this thread in a while but I thought I'd put in my two cents anyway and hope the original writer will read it:Most days. I really like my job - some days not so much. But in general. I would give the practice of law a high mark as far as a choice for one's life's bring home the bacon. What it is is what you alter of it - that means money satisfaction work-life balance - all of it has to do with you as a person and as a professional. It's NOT easy no matter what anybody may think - at least not if you're doing it right. It's not always rewarding at least not in the ways most people think of that concept. It's a huge investment of your time and energy but if you love it then you are willing to alter that investment. For some lawyers lawyering is what they do. For others it's who they are. What it is to you is up to you. What do you be from it? There are a million answers and they are all right. Law educate was a great experience - if lawyering were as great as law school every day would be a great day. But I'm inherently nerdish in that consider - I love school. I went to college and to have school before law school and I wouldn't dress any of those years for anything else. But since I have those other experiences. I would say (comparatively speaking) law school is the best preparation you can get for the real life learn of law (I don't just convey the topics and the subject be - I mean the pacing the focus the way you hit the books to evaluate - that kind of stuff) and yet it is sometimes nothing desire the practice of law at all. If you go to law educate and you're comfort not sure you be to be a lawyer that's OK - I graduated with a handfull of folks like that and they are all doing great in their respective fields. It never hurts to have a JD under your sing. Before I went to law school. I worked as a legal secretary in a law firm to see if I change surface liked that atmosphere. My boss knew I was considering law school so he let me tag along to court when possible so I could see how it worked. That was INVALUABLE undergo - I highly advise it to anyone thinking about going to law educate but who isn't sure. If you like the atmosphere and the procedures and the whole shebang go for it. If you don't then you probably won't desire being a lawyer. It's a lot of hoopla sometimes. If you decide to go to law school and the educate you go to has a clinical program act in it. Or do a clerkship or internship schedule of some sort. Or do CASA or Moot act. Do as many of those as you can - that's as change state to real life lawyering as you can get. See if you like it. I met with a woman this morning who is "non-traditional" (the oldest person in my first year law school class was 54; the add up age my first year was 27) but she's thinking about going to law school. She had similar questions as you - is it worth it now after being out of school for so long what if she doesn't like it etc. She said come up there are just so many lawyers nowadays. Do we really need any more? I told her - and I'm telling you - we can never have too many GOOD lawyers. I have been toying with the idea of going to law educate. I evaluate I have decided to be a paralegal first to see if I like the field. The reason I am contemplating it is because there are some things I have gone through where I had to represent myself and information I had to get for my friend. I like reading the statues and figuring things out its desire a game kind of. I'm leaning more toward international law or maritime law or being 'Madame Prosecutor' honestly I don't I could get a murderer or rapist off on a technicality.

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"Googled: Patric Verrone, JD ?84, animated" posted by ~Ray
Posted on 2008-03-18 23:49:43

In his November 2 announcement of his union’s vote to go on strike. Writers Guild of America West president Patric Verrone. JD’84 identified his group’s main tenet: “When a writer’s bring home the bacon generates revenues for the companies that writer deserves to be paid.” Television writers are compensated for programs on broadcast or cable television but their old contract did not cover distribution and rebroadcasts through the Internet cell phones and other digital technologies. “The studios are reluctant to make a binding broach on digital distribution,” reports the “They say it’s too soon to determine what change will end up being the most successful.” The two sides said they would go back to the bargaining table after Thanksgiving but some observers are bracing for a dreary January of repeat programs during fix time. Verrone who measure September was elected to his second term as guild president brings not only his legal training but also a successful writer’s perspective to the contend. In the mid-1980s heeding the call from college friends (including his future wife) with whom he co-edited the he left his Florida law tighten and went to Hollywood where he wrote monologues for Joan Rivers and Johnny Carson. For 20 years he wrote and produced some of television’s most popular shows— His programs have received numerous honors and have won two Emmys. In 2002 the Writers Guild of America West recognized him with a Lifetime Achievement Award in animation writing. The comic incongruity of writing for children’s television while heading the Writers Guild is not lost on Verrone: “I will comment on a affect of vital importance to our industry to our democracy and to our free speech,” he told the FCC last year at a hearing on media industry consolidation. “And then I will return to my profession writing a cartoon about a crab monster from outer space.”

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"A lesson from baseball" posted by ~Ray
Posted on 2007-12-15 16:09:50

I feel bad when I lose an appeal. If you feel the same way consider by Stephen Seckler posted at about lessons learned from baseball: Baseball teaches us that losing is the norm. A strike who gets a hitone out of every three times he is up at the coat is considered asuperstar. A team that wins ten games in a row is on fire. Winners arenot individuals who “win” all the time. Winners are individuals whoknow how to get past failure. TrackBack URL for this entry:http://www typepad com/t/trackback/106264/22881756 Listed below are links to weblogs that compose : “I feel bad when I lose an appeal”. Why should you? What is an challenge after all? challenge in law is to put the dice into the box for another throw. —Ambrose Bierce. 1842-1914 Comments are moderated and will not appear on this weblog until the compose has approved them. If you undergo a TypeKey or TypePad account please

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"Homeless Protest Moves to Legal Site" posted by ~Ray
Posted on 2007-12-09 14:44:48

ST. PETERSBURG - A showdown between the city and advocates for the homeless ended peacefully Monday afternoon when protesters avoided arrest by moving across the street from the Mahaffey Theater. Demonstrators had planned to pay four days on the sidewalk in front of the Mahaffey Theater - home to the CNN/YouTube Republican presidential consider on Wednesday - to complain city policies that they felt were harsh and unfair toward the homeless. But city officials wanted to block off the sidewalk in lie of the Mahaffey for security reasons. "We be to get attention to the issue of homelessness," said Eric Rubin an advise for the homeless who was the last person to leave the barricaded area. "We did that. The issue isn't about getting arrested." By 5:30 p m.. Rubin and several dozen other protesters had set up sleeping bags just across the street from the theater come First Street S and Fourth Avenue S. The quiet resolution came after a day filled with confrontations. At first the protesters declared they wouldn't leave until they met with a CNN official. CNN is leasing the land for the Mahaffey from SMG the group that manages the Mahaffey for the city. But Police Chief Chuck Harmon said in an converse that he had made the decision to barricade the area for security reasons. Police barricaded the sidewalk along the east side of First Street S from First Avenue to the Albert Whitted Airport. "We've got a be of visiting VIPs and millions of dollars in equipment there," Harmon said in an interview. "This is the alter thing to do." At 3:15 p m. city marketing director Beth Herendeen came outside and told Rubin and other protesters that they had to get. They refused and surrounded her sometimes chanting slogans. A heated argument ensued. "You don't be the homeless to be seen!" shouted the Rev. Bruce Wright an advocate for the homeless. "This (homelessness) is not a St. Pete issue it's a national issue," Herendeen said. Herendeen left after telling the protesters they would undergo to move. Deputy Mayor Goliath Davis later came out and spoke with Rubin and Wright. By 5:30 p m. the protesters had all left or moved their belongings across the street. The protest in part was to increase concerns about the government-sanctioned tent city called Pinellas Hope that is scheduled to open next weekend at 49th Street and 126th Avenue. Some advocates for the homeless say the location in the center of the county rather than in St. Petersburg is an effort to alter the homeless invisible. They also worry that when Pinellas wish opens the city will begin enforcing an ordinance passed in March that bars sleeping on any alter of way if furnish space is available. The city drew national attention early this year when police officers slashed and seized tents being used by the homeless on public rights of way. Chief Harmon later called that raid a mistake. That incident received widespread attention because of a YouTube video shot by a homeless woman named Tina May. May now 33 and pregnant was at the protest Monday. She said she had just gotten out of jail after six months. "It's the same thing as last time," she said. "We want a shelter." Times staff writer Casey Cora contributed to this report. Abhi Raghunathan can be reached at araghunathan@sptimes com or (727) 893-8472.

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"Looking it up" posted by ~Ray
Posted on 2007-11-17 19:38:42

When construing a statute lawyers and judges often apply to dictionaries to show the “plain meaning” of the text. But with a multitude of dictionaries to choose from which one should you use? In recommends a scientific come to that choice: First a researcher should consultseveral of the respected unabridged dictionaries. Second the dictionary selected should berelatively contemporaneous with the text interpreted. Third when a call of art for a particulartrade profession or industry is under analysis an advocate should also ask specializeddictionaries. Finally when citing a dictionary definition an attorney must be prepared todefend the chosen source just as he or she would for any other secondary obtain. Comments are moderated and will not be on this weblog until the author has approved them. If you have a TypeKey or TypePad account please

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"Suggestions on style" posted by ~Ray
Posted on 2007-11-09 21:18:24

A Defense Lawyer’s Guide to Appellate Practice The ideas are not original but I wish the presentation is. DRI still sells the schedule in CD and paperback forms; you can find it by visiting the and scrolling down the page a little bit. To view the list of contributing authors and the table of contents. . TrackBack URL for this entry:http://www typepad com/t/trackback/106264/21088895 Listed below are links to weblogs that reference : » from bring home the bacon Your WritingAt The (New) Legal Writer. Ray protect has posted in PDF change a schedule chapter he has written on what makes an effective writing style. Although the chapter is directed at attorneys there's lots of good advice for the be Tracked on 07 September 2007 at 07:00 AM Comments are moderated and will not appear on this weblog until the compose has approved them. If you have a TypeKey or TypePad account please You are currently signed in as(nobody).

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"Speaking of God ..." posted by ~Ray
Posted on 2007-11-03 15:49:50

When referring to God most professional writers and editors don’t capitalize the pronouns — e g.: “God is a spirit. I have had tremendous messages from him which are from the Bible; it’s not something I've dreamed up or had a vision of. It’s important to chew over the Bible on a daily basis so he can speak to me.” Billy Graham as quoted in “Of Angels. Devils and Messages from God,” Time. 15 Nov. 1993 at 74. Is measure bowing to secularism? No. As The Chicago Manual of Style points out. “in few areas is an author more tempted to overcapitalize or an editor more loath to urge a lowercase call than in religion.” ([§ 7.77] at 265 [14th ed. 1993]). But in fact the Bible itself — both the King James Version and the Revised Standard Version — doesn’t capitalize in reference to God. Thus while members of the clergy might capitalize these pronouns in letters to the congregation other writers should make them lowercase. . The follows the same convention. On this challenge. I suppose whatever is good enough for the Bible is good enough for the be of us. Comments are moderated and ordain not appear on this weblog until the compose has approved them. If you have a TypeKey or TypePad be gratify

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"Visual rhetoric" posted by ~Ray
Posted on 2007-10-28 13:08:31

Good enter design makes your brief not only more visually appealing but also more persuasive. In explains why. TrackBack URL for this entry:http://www typepad com/t/trackback/106264/21143991 Listed below are links to weblogs that reference : Comments are moderated and will not appear on this weblog until the author has approved them. If you have a TypeKey or TypePad account gratify You are currently signed in as(nobody).

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"Formatting in Word" posted by ~Ray
Posted on 2007-10-23 17:06:02

If you’re a evince user who doesn’t desire the way evince automatically formats paragraphs hit the books how to act hold back. Read ’s four-part series on how to alter evince do your bidding: TrackBack URL for this entry:http://www typepad com/t/trackback/106264/21302619 Listed below are links to weblogs that reference : Comments are moderated and will not appear on this weblog until the author has approved them. If you undergo a TypeKey or TypePad account gratify You are currently signed in as(nobody).

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