Comments for The California Blog of Appeal

Comment on The 15-minute filing extension, brought to you by the era of midnight electronic filing deadlines by How flexible is that midnight electronic filing deadline in federal court? | The California Blog of Appeal

Mon, 21 Aug 2017 13:01:04 +0000

[…] week I posted about a party that applied for a 15-minute extension of time to file its documents with the federal district court in Ohio because of some technical […]

Comment on Long-derided Clemmer v. Hartford Insurance Co. clarified by Supreme Court: an order denying a motion to vacate under Code of Civil Procedure section 663 is appealable by Will the Supreme Court Revisit Clemmer v. Hartford Insurance Company? | The California Blog of Appeal

Thu, 15 Jun 2017 23:02:33 +0000

[…] (6/15/17): It took another ten years, but the Supreme Court finally revisited Clemmer. See this post for the result. (I’ve also deleted some wording that confused the scope of […]

Comment on The lack of a reporter’s transcript can kill your appeal by Stephen James

Stephen James — Mon, 09 May 2016 16:15:45 +0000

Greg, This is an important issue that the California Judicial Branch News Network been following for some time. A similar court reporter-related issue was raised in a 2011 pro per petition for review you can read here: https://www.scribd.com/doc/207412181/Justice-Tani-Cantil-Sakauye-Conflict-of-Interest-and-Pro-Per-Bias-Alleged-California-Supreme-Court-Petition-for-Review-Challenging-3rd-District-Cour

The petition was summarily denied on a questionable technicality by Chief Justice Tani Cantil-Sakauye. The petition was never seen or considered by the full court. The circumstances are described in an email written to the rest of the court after the summary denial: https://www.scribd.com/doc/172618984/Kathryn-Werdegar-Misconduct-Pro-Per-Bias-Email-notification-from-indigent-pro-per-litigant-regarding-conflict-of-interest-unilateral-summary-dismis

Thank you for covering this issue which is critically important to indigent, pro per parties.

Comment on “Close” counts in horseshoes and hand grenades, but not when it comes to identifying “new” evidence in a new trial motion by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Sat, 16 Apr 2016 18:22:49 +0000

[…] Shiffer v. CBS Corporation (2015) 240 Cal.App.4th 246 (new theory developed by expert witness does not merit new trial where evidence upon which theory is based was previously in party’s possession). […]

Comment on How the nature of your appellate challenge can affect whether your appeal is dismissed for failure to obey trial court orders by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Sat, 16 Apr 2016 18:22:33 +0000

[…] Ironridge Global IV, Ltd. v. ScripsAmerica, Inc. (2015) 238 Cal.App.4th 259 (explaining and reaffirming the disentitlement doctrine, under which disobedience of the order appealed from can result in dismissal of the appeal); […]

Comment on Don’t treat one superior court judge as the reviewing court for another by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Fri, 15 Apr 2016 21:02:44 +0000

[…] Marriage of Oliverez (2015) 238 Cal.App.4th 1242 (limits on superior court judge’s power to reconsider rulings of another superior court judge); […]

Comment on Don’t give up when your motion to dismiss an appeal is summarily denied by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Fri, 15 Apr 2016 21:02:29 +0000

[…] Ellis v. Ellis (2105) 235 Cal.App.4th 837 (Court of Appeal’s summary denial of motion to dismiss does not preclude granting the motion at the merits stage); […]

Comment on The implications on appeal of “clarified” trial court orders by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Thu, 14 Apr 2016 15:51:35 +0000

[…] In re Christopher B. (2015) 240 Cal.App.4th 809 (trial court cannot “clarify” a mistaken dismissal to reinstate some charges); […]

Comment on Sixth District Court of Appeal offers the legislature some advice on amending the anti-SLAPP statute by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Thu, 14 Apr 2016 15:51:20 +0000

[…] Hewlett-Packard Co. v. Oracle Corp. (2015) 239 Cal.App.4th 1174 (in which the court offered some friendly advice to the legislature for modification of California’s anti-SLAPP statute); […]

Comment on Egregious attorney misconduct at trial leads to reversal on appeal by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Thu, 14 Apr 2016 08:16:16 +0000

[…] Martinez v. State of California Dept. of Transportation (2015) 238 Cal.App.4th 559 (trial court abused discretion in denying mistrial where counsel repeatedly violated orders on motions in limine); […]

Comment on No judicial notice for a law of physics, but for a different reason than you might expect by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Thu, 14 Apr 2016 08:16:00 +0000

[…] Bermudez v. Chiolek (2015) 237 Cal.App.4th 1311 (judicial notice of laws of physics cannot be basis for arguing new theory of accident on appeal); […]

Comment on The lack of a reporter’s transcript can kill your appeal by The 2015 edition of the California Litigation Review is Out | The California Blog of Appeal

Thu, 14 Apr 2016 08:15:44 +0000

[…] Jameson v. Desta (2015) 24 Cal.App.4th 491 (indigent plaintiff with fee waiver unable to afford court reporter still held limited in appellate argument by absence of transcript); […]

Comment on My blog post on reading briefs from a screen is now an article (and welcome, Citations readers!) by Does Internet technology influence the way lawyers and judges think? Should it? | The California Blog of Appeal

Wed, 09 Mar 2016 21:43:27 +0000

[…] conclusions stated in the abstract and the excerpt above match my intuition. As my prior writing on electronic briefs and laptops may indicate, I think too many people of all stripes, not just lawyers, […]

Comment on Jargon-filled, academic writing has no place in your briefing on appeal — but does it have its place? by The twists and turns of precedent | The California Blog of Appeal

The twists and turns of precedent | The California Blog of Appeal — Thu, 04 Feb 2016 02:29:22 +0000

[…] you say to yourself, “Yeah, like I’ve got time to read a lengthy, impenetrable, egghead article,” take it from me, the piece is fairly short (about 13 pages, with about a third of it in the […]

Comment on It is important to keep up with the law while your appeal is pending by To the Court of Appeal, there is no such thing as a “wrongly decided” Supreme Court case | The California Blog of Appeal

Mon, 26 Oct 2015 14:26:11 +0000

[…] I wrote about Miranda v. Anderson Enterprises, Inc., case no. A140328 (1st Dist., Oct. 15, […]

Comment on Are records on appeal from the Los Angeles Superior Court about to get better? by The lack of a reporter’s transcript can kill your appeal | The California Blog of Appeal

Wed, 21 Oct 2015 19:12:31 +0000

[…] crisis, which resulted in the loss of many court-employed court reporters, requiring that parties provide their own court reporters for trial at their expense. The trial in this case went unreported, and that was enough to keep the plaintiff from prevailing […]

Comment on Maybe “iPad Judges” aren’t such a good idea? by OMG! Can you imagine writing an argument in the style of an email or a text? | The California Blog of Appeal

Wed, 16 Sep 2015 22:21:57 +0000

[…] texting in general. My feelings are not a dislike for technology generally. (You may recall that I recently disclaimed being a Luddite.) I like technology, but I find myself more resistant to using it for […]

Comment on The Court of Appeal Time Machine – Interest Calculations on Modified Judgments by Dabney Finch

Dabney Finch — Fri, 21 Aug 2015 01:00:33 +0000

Wonderful and love the visual. And I’ll bet the court really was “theatrical” upon remand. (just kidding!)

Comment on Does classroom laptop use inhibit law school learning? by Apparently, the law library of the future is going to be one big Kindle | The California Blog of Appeal

Tue, 11 Aug 2015 00:21:43 +0000

[…] admit to some trepidation over technology, including the use of electronic briefs in appeals and the use of laptops in classrooms, but I’m no Luddite. I have concerns about how technology, or at least the misuse of […]

Comment on My blog post on reading briefs from a screen is now an article (and welcome, Citations readers!) by Apparently, the law library of the future is going to be one big Kindle | The California Blog of Appeal

Mon, 10 Aug 2015 23:15:58 +0000

[…] will admit to some trepidation over technology, including the use of electronic briefs in appeals and the use of laptops in classrooms, but I’m no Luddite. I have concerns about how […]

Comment on Shameless request for nominations by Congrats and thank you to the new TEN Networks Blog (and welcome, TEN members!) | %page% | Greg May's California Blog of Appeal

Tue, 21 Jul 2015 22:25:06 +0000

[…] how fortuitous (divine?) that TEN’s new blog would honor this one around the time I made my shameless plea for nominations for 2015 Legal Blog of the Year! Comments are closed Posted in: Announcements, […]

Comment on My blog post on reading briefs from a screen is now an article (and welcome, Citations readers!) by Maybe “iPad Judges” aren’t such a good idea? | %page% | Greg May's California Blog of Appeal

Thu, 04 Jun 2015 22:36:38 +0000

[…] I re-drafted this post as an article. Comments are closed Posted in: Legal Technology, Legal […]

Comment on Doesn’t anybody read the rules? by Dabney Finch

Dabney Finch — Fri, 04 Jul 2014 00:20:03 +0000

I’m betting the party represented by an attorney was represented by his or her trial attorney and not an appellate attorney. A bad idea, and does NOT save money!

Comment on Thoughts on publication of opinions imposing appellate sanctions for frivolousness by Study of Sanctions in Appellate Proceedings | %page% | Greg May's California Blog of Appeal

Fri, 07 Mar 2014 20:36:27 +0000

[…] My more recent thinking (2014) on publication of sanctions opinions is here. 2 Comments Posted in: California Court of Appeal, California Procedure, Ethics, […]

Comment on Study of Sanctions in Appellate Proceedings by Thoughts on publication of opinions imposing appellate sanctions for frivolousness | %page% | Greg May's California Blog of Appeal

Fri, 07 Mar 2014 20:34:11 +0000

[…] became available online, since so many of the decisions imposing sanctions are never published. That led me to write: I was struck by how many of the cited cases were unreported. The Court of Appeal should want to […]

Comment on Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 3: “No one knows the case better than I do.” by The “outsider’s perspective” theory illustrated in the extreme | %page% | Greg May's California Blog of Appeal

Tue, 04 Mar 2014 07:43:30 +0000

[…] trial lawyer that develops tunnel vision on a case usually does so because of his deep involvement with the case over a long period of time, resulting in a personal emotional and intellectual investment in the case. But the tunnel vision […]

Comment on Federal Question Jurisdiction and the Federal Arbitration Act by federal defense attorney Louisville

federal defense attorney Louisville — Thu, 16 Jan 2014 07:09:27 +0000

Do you mind if I quote a couple of your posts
as long as I provide credit and sources back to your weblog?
My blog is in the very same niche as yours and my users would truly benefit from some of
the information you provide here. Please let me know if this alright with you.
Cheers!

Comment on Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 4: “This Case Needs a Specialist.” by Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 5: The Client’s Perspective | %page% | Greg May's California Blog of Appeal

Wed, 15 Jan 2014 19:10:49 +0000

[…] Part 4: “This Case Needs a Specialist.” […]

Comment on Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 3: “No one knows the case better than I do.” by Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 5: The Client’s Perspective | %page% | Greg May's California Blog of Appeal

Wed, 15 Jan 2014 19:08:59 +0000

[…] Part 3: “No one knows the case better than I do.” […]

Comment on Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 2: “It’s Just Litigation.” by Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 5: The Client’s Perspective | %page% | Greg May's California Blog of Appeal

Wed, 15 Jan 2014 19:07:28 +0000

[…] Part 2: “It’s just litigation” […]

Comment on Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 1: Categories by Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 5: The Client’s Perspective | %page% | Greg May's California Blog of Appeal

Wed, 15 Jan 2014 19:06:32 +0000

[…] Part 1: Categories […]

Comment on Why Are Some Lawyers and Their Clients Reluctant to Engage Appellate Counsel? by Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 5: The Client’s Perspective | %page% | Greg May's California Blog of Appeal

Wed, 15 Jan 2014 19:05:16 +0000

[…] Series Announcement: “Why Are Some Lawyers and Their Clients Reluctant to Engage Appellate Counsel?” […]

Comment on Federal Question Jurisdiction and the Federal Arbitration Act by louisville criminal lawyer

louisville criminal lawyer — Wed, 25 Dec 2013 15:23:09 +0000

Greetings! I’ve been following your site for a long time now and finally got the courage to go ahead
and give you a shout out from New Caney Tx! Just wanted to say
keep up the great work!

Comment on About/Contact Greg May by Josh Stein

Josh Stein — Mon, 16 Dec 2013 16:31:51 +0000

My latest article might be right up your alley!

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2367476

Comment on A Chief’s-eye view of the California Supreme Court by And the withering criticism continues……. | Judicial Council Watcher

Wed, 13 Nov 2013 20:33:44 +0000

[…] A Chief’s-eye view of the California Supreme Court (calblogofappeal.com) […]

Comment on The secrets to using humor in the courtroom by Blawg Review #325.3 » Defending People

Blawg Review #325.3 » Defending People — Mon, 04 Nov 2013 05:28:03 +0000

[…] lawyer Greg May’s California Blog of Appeal is alive and kicking, with posts such as The secrets to using humor in the courtroom (his view: […]

Comment on Blawg Review #155 by Blawg Review #325.3 » Defending People

Blawg Review #325.3 » Defending People — Mon, 04 Nov 2013 05:11:35 +0000

[…] #155 California Blog of Appeal […]

Comment on Submission to tentative ruling on motion does not forfeit arguments on appeal by Appellate lessons abound in case involving a creative but dubious argument on how a tentative ruling should affect appellate review | %page% | Greg May's California Blog of Appeal

Mon, 07 Oct 2013 18:02:39 +0000

[…] Last year, I wrote about a dubious but creative argument by a respondent that a party’s submission to a tentative ruling on a motion forfeited that party’s right to challenge the motion ruling on appeal. As you might remember, that went nowhere. […]

Comment on Contact Greg May by rebekah

rebekah — Mon, 07 Oct 2013 17:03:42 +0000

I love your blog. It is very helpful. I only handle dependency matters, and dependency appeals – but it is very nice to have this blog to turn to, as a reminder of things I may forget.

Thanks

Comment on Supreme Court reverses Kurwa v. Kislinger – there are limits to the manufacture of appellate jurisdiction by Practice Tip for Aspiring Appellate Attorneys | A business law blog by MARK K THOMPSON LAW OFFICE, LLC

Sun, 06 Oct 2013 21:42:57 +0000

[…] Supreme Court reverses Kurwa v. Kislinger – there are limits to the manufacture of appellate j… (calblogofappeal.com) Rate this:Share this:MoreShare on TumblrPrintPocket Pin ItEmailDiggLike this:Like Loading… Standard […]

Comment on Lawyer Advertising Pit Bulls, uh, Make That Pitfalls by Steven Sweat - Personal Injury Attorney in Los Angeles, CA

Steven Sweat - Personal Injury Attorney in Los Angeles, CA — Wed, 26 Jun 2013 01:37:30 +0000

Amazing how the legal industry (more so than any other field) is scrutinized for the advertising efforts of its members. It would be interesting to see if any of these or future rulings are challenged on First Amendment grounds.

Comment on Highlights from an Evening with the Division 6 Justices by dennis mcbride

dennis mcbride — Thu, 14 Mar 2013 22:34:18 +0000

I take offense to your statement about “Pro pers” as it is an improper perspective preserved by those of you in the judiciary for rational defense of whatotherwords is plain–unfairness.
Specifically to say a person is “often motivated to appeal for reasons so personal to them that it is impossible to detach themselves from the case and do a good job” is an inhumane position as such a formula, that being “only those who were harmed, complained,” could never be justified in ignoring the complaint and dismissing the complainant. Yet, as your statement seems so confident: “In my experience, they usually do a very poor job…” it well illustrates the mindset of the judiciary. You did share in the koolaid at the gathering, right? I do not feel I am overly critical of your statements bcz your reviews never “see” the blatant unfairness that the Pro per experienced in the trial court and ignored in the appellate or supreme court.

What IF, you take the position that ALL pro pers will be personally affected by a loss in trial and then, using that as a starting point and a filter, analyze the arguments. That is, if I begin by claiming the judge was unfair, it would be understandable to ignore the claim, but not the facts in support of the claim. your guidelines counter the numereous claims of excessive fees and the exploitation of the elderly and disabled now being reported–nationwide; Past claims were silenced as media representatives, such as yourself, simply would not report it.

Comment on Alternative Fee Structures in Appellate Practice by Blawg Review #123 | Texas Appellate Law Blog

Blawg Review #123 | Texas Appellate Law Blog — Mon, 17 Sep 2012 23:24:21 +0000

[…] Blog of Appeal adds to the discussion of alternative appellate attorney’s fee agreements by focusing on flat fees, while Blawgletter—who, ironically, is partners with a member ofthe $1,000-an-hour […]

Comment on Woo-Hoo! We’ve Hit the Big Time! by Welcome, and Thank You | Texas Appellate Law Blog

Welcome, and Thank You | Texas Appellate Law Blog — Mon, 17 Sep 2012 23:23:15 +0000

[…] Criminal Defense Lawyer Antitrust Review Chicago IP Litigation Blog Build a Solo Practice, LLC California Blog of Appeal f/k/a Home Office Lawyer idealawg Infamy or Praise Law.com Legal Blog Watch Lawgarithms LexBlog […]

Comment on Bluebook Online by Bluebook Available Online—For a Price | Texas Appellate Law Blog

Bluebook Available Online—For a Price | Texas Appellate Law Blog — Mon, 17 Sep 2012 23:20:12 +0000

[…] tip to The California Blog of Appeal. Tweet Like Email LinkedIn […]

Comment on Judges Read Blogs by More on Judges and Blogs | Texas Appellate Law Blog

More on Judges and Blogs | Texas Appellate Law Blog — Mon, 17 Sep 2012 23:17:36 +0000

[…] California Blog of Appeal‘s Greg May added to the discussion and has since posted a follow-up survey to get a feel for his readers’ […]

Comment on Why Are Some Lawyers and Their Clients Reluctant to Engage Appellate Counsel? by Blawg Review #174 | Texas Appellate Law Blog

Blawg Review #174 | Texas Appellate Law Blog — Mon, 17 Sep 2012 23:14:56 +0000

[…] May at the California Blog of Appeal asks Why Are Some Lawyers and Their Clients Reluctant to Engage Appellate Counsel? That’s a very good question, Greg. They shouldn’t […]

Comment on Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 3: “No one knows the case better than I do.” by On Reluctance to Engage Appellate Counsel, Part 2 | Texas Appellate Law Blog

Mon, 17 Sep 2012 23:11:45 +0000

[…] Greg’s third installment addresses the trial lawyer’s age-old point, "No one knows the case better than I do,” and offers some compelling reasons why that isn’t necessarily an advantage on appeal. Greg’s commentary made me think of the "forest for the trees" problem that all lawyers face after living with a case too long. Your mind plays tricks on you, and after a while, you just stop seeing things for what they are. Better to have a fresh set of eyes on the problem as you take it to another level of review. […]

Comment on California Supremes on the Right to Rehearing on Unbriefed Issues by Dennis McBride

Dennis McBride — Tue, 04 Sep 2012 00:12:09 +0000

tried that exact citation twice to the cal sct. they ignored it.

you should do a review on shooting dice as we might be able to rely on prior outcomes.

Comment on “Forfeiture” vs. “Waiver” of Issues on Appeal by Darren Chaker

Darren Chaker — Wed, 08 Aug 2012 15:37:59 +0000

Great site dedicated to the appellate system in California. Sheena K. was a heavily litigated case and the opinion makes great points concerning waiver.

Comment on Who Thinks that Contractions Shouldn’t Should Not Be Used in Appellate Briefs or Other Legal Writing? by Stephen R. Diamond

Stephen R. Diamond — Tue, 10 Jul 2012 20:49:12 +0000

I once favored contractions and have since changed my mind. But the main reason I find contractions ill advised isn’t the one usually identified. The problem with contractions isn’t the (essentially fictitious) stickler’s reproach for bad grammar but the typical judge’s (sometimes subliminal) irritation with presumptuous chumminess. (See my entry, “The celebration of informality and the unsettled status of contractions.” (http://tinyurl.com/8x5f35c)

Comment on Effective Oral Argument Preparation by Greg May

Greg May — Mon, 25 Jun 2012 22:47:30 +0000

In reply to Susan Goldbeck.

Susan,

I am responding to your query via email.

Regards,

Greg

Comment on Best Law Firm Name of All Time by Francisco Rosa

Francisco Rosa — Sun, 17 Jun 2012 02:26:04 +0000

Thanks for the article. It was funny reading how your guessed name ended up being a real law firm.

Comment on Effective Oral Argument Preparation by Susan Goldbeck

Susan Goldbeck — Tue, 12 Jun 2012 20:50:19 +0000

I am a civil trial lawyer and I do not do many appeals. My former law partner used to be very active doing appeals but I have a case before the sixth district now. It is an appeal of a jury trial on the most difficult basis of substantial evidence. My client really got screwed.
My former law partner says that oral argument only hurts you and I should not request it. I am fairly certain the defense will ask for it.
I have a good personality and am good at argument in superior court. Should I argue or not? I would appreciate so much your second opinion on this.

Comment on Some basics about briefing by Vania Chaker

Vania Chaker — Fri, 04 May 2012 07:28:43 +0000

Addressing the “compounding briefing errors” is a well raised topic. Appeals are complex and your blog raised all the things an appeal should not contain. Keep up the good work!

Comment on Submission to tentative ruling on motion does not forfeit arguments on appeal by Vania Chaker

Vania Chaker — Fri, 04 May 2012 07:25:48 +0000

Very well written concerning the exceptions and the position Mundy took on appeal.

Comment on Study of Sanctions in Appellate Proceedings by How to get sanctioned on appeal | %page% | Greg May's California Blog of Appeal

Tue, 24 Apr 2012 18:36:33 +0000

[…] imposition of monetary sanctions on appeal is a rare occurrence . . . you almost have to work at it. If someone were actually trying to get tagged for many […]

Comment on Discounted Third Party Purchase of Medical Account Doesn’t “Hanif-y” Plaintiff’s Recovery by Personal Injury Lawyer

Personal Injury Lawyer — Mon, 05 Mar 2012 21:29:10 +0000

Hearing that Hanif v. Housing Authority (1988) 200 Cal.App.3d 635 case does make me bristle.

Comment on Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 4: “This Case Needs a Specialist.” by Vinny

Vinny — Mon, 05 Mar 2012 13:25:40 +0000

Most of the lawyers cannot stand to hand their case and client to a new lawyer for the appeal. But there is option of working together with the appellate lawyer. Both can share their work arrangements for a give case. The client expenses will increase as the appellate lawyer and trial lawyer both cost nominal for any case.

Comment on Pro Bono Attorney Fees in the News Again by Lawyer

Lawyer — Thu, 26 Jan 2012 16:25:32 +0000

Keep in mind that fee-shifting serves several purposes. Fees may be appropriate to deter behavior. I am considering requesting fees on behalf of a pro bono client in a dispute with a copyright troll. If we do get fees awarded, I’m not sure if the firm will keep them or donate them.

Comment on Arbitration challenges get a big boost — but maybe not for long by Routledge

Routledge — Mon, 16 Jan 2012 08:30:01 +0000

Great post ! Well at least for me because it has improved my knowledge and understanding.
Thanks for the information …

Comment on Lawyer Advertising Pit Bulls, uh, Make That Pitfalls by reno nevada injury attorney

reno nevada injury attorney — Fri, 30 Dec 2011 07:18:44 +0000

great Post. Nice piece of information. It was very good. Thanks for the post.

Comment on Some basics about briefing by Austin Business Attorney

Austin Business Attorney — Wed, 21 Dec 2011 19:54:53 +0000

Interesting…sounds like the plaintiff went off on his own a little bit here. Wasn’t exactly rewarded for it.

Comment on Some basics about briefing by At the Lectern | A holiday potpourri

At the Lectern | A holiday potpourri — Wed, 21 Dec 2011 18:06:27 +0000

[…] while not related only to practice before the Supreme Court, The California Blog of Appeal had this sage advice about what not to do when preparing appellate […]

Comment on Highlights from an Evening with the Division 6 Justices by Some basics about briefing | %page% | Greg May's California Blog of Appeal

Thu, 15 Dec 2011 19:25:05 +0000

[…] the appellant’s opening brief, as respondents requested, demonstrating some of the patience the Court of Appeal is generally known for, but should not be taken advantage of: “Although we decline to strike the brief, this […]

Comment on SCOTUS holds discovery ruling requiring disclosure of privileged information is not appealable by lancaster pa personal injury lawyer

lancaster pa personal injury lawyer — Thu, 10 Nov 2011 23:44:03 +0000

I enjoy reading a post that will make people think. Also, thanks for allowing me to comment!

Comment on A different kind of “three strikes and you’re out” by Dan Martin

Dan Martin — Wed, 02 Nov 2011 05:46:11 +0000

To me this language seems like linguistic three card Monty or David Copperfield causing the Statute of Liberty to disappear, it is nothing more than an illusion accomplished by directing the viewer’s attention to something else.

A defense lawyer could never do this because the appellate court would tear them up.

Comment on 2007 California Court Statistics Report Now Available by Dan Martin

Dan Martin — Wed, 02 Nov 2011 04:59:10 +0000

Thank you for sharing this link to this informative report. I have often given people my estimates about the figures provided in this report. This report confirms my experience with the criminal justice system.

Comment on When a lawyer must include one or more issue statements in a brief, either for purposes of clarity or because required by court rule, and the lawyer has trouble formulating a succinct issue statement that correctly identifies the parties and the critical facts necessary to an understanding of the statement, where can the attorney find a resource to help him write a clear, succinct issue statement that is easily understood by the reader? by Bicycle Accident Lawyer

Bicycle Accident Lawyer — Tue, 19 Jul 2011 04:48:29 +0000

Hell if you can answer that in a quick paragraph whats the point of law school anyway :O

Comment on Why Some Lawyers and Their Clients are Reluctant to Engage Appellate Counsel, Part 3: “No one knows the case better than I do.” by lawyers sydney

lawyers sydney — Mon, 17 Jan 2011 03:24:27 +0000

cos of time frame. lawyers usually take lot of time to do research about the case and need to contact so many people involving in it.

Comment on Why Are Some Lawyers and Their Clients Reluctant to Engage Appellate Counsel? by lawyers sydney

lawyers sydney — Mon, 17 Jan 2011 03:15:22 +0000

Hi
Even I have some doubts about appellate lawyer on
areas like crime and civil. In most of the cases people feel comfortable with their trail lawyer

Comment on Make the record easy on the eyes, please by Matthew Butterick

Matthew Butterick — Mon, 03 Jan 2011 16:58:31 +0000

1) When working with a transcript in text format, it helps to convert all the double carriage returns to single ones (so you don't have all those blank lines). In Word, search for <^p^p and replace it with ^p. Change the font to a comfortable size. Then adjust the page margins so the breaks happen in the same places. 2) In Acrobat or Word, you can select any rectangle of text by holding down the ALT key while selecting. This isn't perfect but it does let you avoid the line numbers. (On Mac, this tip works in both Acrobat and Preview, which does a better job cleaning up the copied text).

Comment on Pro Bono Attorney Fees in the News Again by Darren Chaker

Darren Chaker — Sat, 06 Nov 2010 07:41:35 +0000

In reply to Franz Criego, Esq. 100% Agree. If it was not for attorneys as yourself, or cooperating law firms who do the much of work for the ACLU, then far more harm would come to people than good since the alternative would be to simply let contractors get away with robbery, or have seasoned counsel beat them up in court as pro pers. Darren Chaker

Comment on Pro Bono Attorney Fees in the News Again by Darren Chaker

Darren Chaker — Sat, 06 Nov 2010 07:35:55 +0000

What if Davis Wright Tremaine (DWT) didn’t take the appeal? Then a pro per litigant could have made bad case law for all others by being tackled by seasoned appellate counsel. However, DWT took the case not knowing whether it would prevail. It did so and are justified in seeking attorney fees.

To look at it another way, what if DWT was not a mega-firm, but a small pro bono law firm relying on donations to make ends meet? No doubt it would be entitled to fees. However, we insult the phenomenal firm of DWT for taking on a case then asking for fees? If the standard to award fees depends whether the attorneys work for a big firm or small pro bono firm, then we limit the scope of lawyers who will take on cases, this limit attorneys who will take on cases and leave self represented people to the wolves. To learn what it’s like to be out lawyered and out funded–watch A Civil Action. (true story)

Darren Chaker

Comment on Real legal research on your iPhone by ipad development

ipad development — Mon, 01 Nov 2010 11:42:00 +0000

It’s a very interesting idea for an app, and I think it can really be of great help and of keen interest to lawyers. Of course, the subscription cost is pretty high, but successful lawyers can afford it, I’m sure ;)