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When You Should Appeal
Some attorneys like to appeal every case that the client can afford to pay for. Others don’t agree and file an appeal only when they see clear error. I don’t agree that there is a blanket rule for...
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Cease and Desist Letter
If a client gets a cease and desist letter (telling you to stop doing something like using the phrase “dirty brawls” on your website) what should you do? The first thing to do is to check the law. What...
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Advice from the old guys.
I’ve been practicing for over 20 years now. Amazing. So I thought I would list some of the pieces of advice I’ve gotten over the years that have helped me become a better lawyer and (maybe) a better...
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Is a settlement agreement an enforceable contract?
A settlement agreement and a contract are synonymous. So the question is really, is there a contract to settle the case? What are the elements of contract? Offer, yep. I will dismiss my case if you...
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The “necessary and proper” clause of the Constitution
I hear people regularly chastise Congress and the Courts for over-reaching, for asserting powers that the Constitution never gave them. Well …. Maybe. But maybe not too. Huh? The “necessary and...
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Pro se parties and how to cope
What have you found to be the quickest and most effective way to shut down a crazy pro per party who is threatening civil litigation against everyone and their mother? First, there is no guarantee that...
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When winding up a company “The Right Way” is valuable.
Facts: Company A sells all its assets (but not its stock) to Company B. Some of B’s owners were also owners of A. A is then formally dissolved according to your state’s requirements while B continues...
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Is There Such A Thing As “Cost-Effective” Litigation?
Probably not. But there are many things I do that keep costs down. Of course, they can all go out the window if the other side is determined to fight tooth and nail over everything regardless of...
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Lie Detectors (Polygraphs)
Don’t do them. They play games and are not accurate. Even the US Supreme Court has acknowledged that there is no consensus on polygraph reliability. Some courts have even held that the polygraph does...
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Pet peeves of lawyers (a continuing series)
1. Sadly, I’ve almost come to expect that the other side will lie about me to my client and their own. I particularly love it when OC writes a letter to me accusing me of incompetence...
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Issue raised by Trayvon Martin trial
(artwork by Cey’Doo BlueShine)OK. I don’t like posting about Trayvon Martin/George Zimmerman trial. Why? Because everyone is ranting about race, suspicious behavior and Stand Your Ground laws. I...
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Only In America
I was invited by neighbors to join them for hamburgers, hot dogs etc. and then the fireworks. I accepted. My neighborhood really loves the 4th of July. We all kick in money and then someone goes and...
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More on Zimmerman/Martin trial
Below is a link to an ugly analyses of the Zimmerman/Martin trial. I have huge problems with it for the same reasons I posted about on July 2nd.Photo credit: commons.wikimedia.org...
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Another Martin/Zimmerman post
I just can’t help myself on this case. But these facts worry me as an expert in self-defense and one who testifies about this all the time. Facts assumed to be true: 1. Zimmerman sees and follows...
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Zimmerman acquitted
Well, here’s another post about the Zimmerman trial for martial artists. Question: If Zimmerman had not had a weapon, would he have followed Martin? Dunno. Question: If Zimmernan had not had a...
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Appropriate force my A$$$
Shot 16 times by officers: Innocent man files $20M suit We, the lawyers and citizens, need to put a stop to this uncontrolled behavior by the police. In case you think this is unusual, see also...
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Some Small Business Advice
If you have fired an employee for cause and the ex-employee has filed for unemployment compensation, you will find that the process is fairly simple and most people can represent their own company....
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Honesty and clients
Honesty is only one factor that controls whether or not I will take a client. Some outrageous liars have made great clients and some dedicated truth-tellers have been really bad clients. Lying to me...
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Should You Hire an Appeals Specialist?
Most people, and many attorneys, don’t know that there is a growing “speciality” of appeals lawyers that only do appeals. Particularly they only do appeals to the US Supreme Court or State Supreme...
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The 5th Amendment and you
Anyone who watches a cop show on TV and certainly anyone who is reading this blog, knows that you DO NOT TALK TO THE POLICE. You simply don’t. Especially not without a lawyer there to protect you in...
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