Practicing Law
BE KIND TO YOUR READER
When you write a brief—to a trial judge or an appellate Justice—you are trying to persuade your target to rule in your favor. So you’d like that person to like you. How? When the judge gets home from work, he or she might well enjoy reading a good book. Maybe a novel, or poetry—something that…
Read MoreSTRESS-SAVERS
No, this is not another tome on why and how lawyers should meditate. I’ve tried that off and on, with little success. I guess I’m just not cut out for enlightenment. But I do realize that practicing law can be quite stressful. And with the holidays coming up, it’s not going to get any easier. …
Read MoreTHE ETHICS OF DECEPTIVE DRESSING
She: You’re meeting my parents tomorrow night, so wear a suit. He: A suit? I lead a rock band. I don’t have a suit. She: Borrow one. My parents are old school. They want me to marry a banker or insurance executive. So wear a suit. He: I’ll just tell them I’m a banker. OK?…
Read MoreTRIAL COURT WINNERS CAN BECOME APPELLATE COURT LOSERS
Besides handling appeals, I also consult with trial lawyers before and during trial—about how to set things up for a potential appeal, either to protect a trial victory or to overturn a trial loss. Things like how to draft a special verdict form that helps lay people produce clear findings that are not inconsistent with each…
Read MoreON CRITICIZING JUDGES
Lawyers often find judges’ quirks annoying. And losing is no fun. Plus, it’s human nature to talk yourself into the justice of your cause, and bristle when someone donning a robe doesn’t buy it. So we all get frustrated at the bench once in a while. How should we vent this steam? Mostly we just…
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