Good Idea - Bad Idea: Following Your Dreams

Posted by wlansden | Filed under
Good Idea:  Following your dreams towards a happy and fulfilling future.

Bad Idea:  Allegedly attempting to abandon your children to follow your dreams of being a stripper.  And then allegedly punching your 11 year old son in the stomach.  In front of a cop.  In Surprise, Arizona (Surprise! You’re in handcuffs!).

[Editors Note: while we recognize that this story is not the Young Lawyers Blog’s usual faire, we feel that the alleged perpetrator’s arrest gives the necessary legal content to justify carrying this story, which can only be described as a truly and absurdly epic fail.]

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Mad Law: How to Deal with Crazy Lawyers

Posted by wlansden | Filed under
By Brian Malcom

Crazy attorneys.  They are out there.  In your practice, you may come across one or two.  Or you may be one.  If you are one, please click the "X" in the top right of your screen to proceed.  If you are not, continue.

The best way to learn how to deal with a crazy attorney is experience.  Crazy takes many forms.  Some attorneys manipulate, misrepresent, or twist your words.  Some even record your calls and present quotes out of context.  Some write you long letters that say nothing.  Some report you to various administrative agencies, control boards, or authorities to seek to harass you.  Some spontaneously cluck like a chicken in a courtroom.

A "crazy" attorney could be someone on your side of the case, a co-counsel or a colleague at your firm.  He or she could also be opposing counsel.  Heaven forbid, he may even be your client.  Knowing how to deal with a loose cannon is an important skill to develop in any industry and especially law, where an unpredictable or unstable attorney can make life hard on everyone involved or impact you or your client in a significant way.

Here are five things to do when a "crazy" attorney does something crazy:
  1. Keep your composure intact.  Do not react to absurd acts or assertions.  Do respond.  Knee-jerk reactions are never good in our field.  With the exception of verbal objections or trial, rarely does a lawyer have little time to think through possible courses of action and the consequences of choosing each course.  That being said, the record needs to be corrected and you need to defend yourself or your client.  Take the time to respond, in writing, and correct any misunderstandings, misrepresentations, or inaccuracies.  A good, clear record is your best friend.  Rarely is a complete failure to respond acceptable.  Repeated responses to the same crazy behavior, however, would itself be a bit insane and wasteful.
  2. Keep your professionalism intact.  Some "crazy" attorneys will try to bait you into reacting rashly and disclosing confidential information or otherwise acting unethically.  Do not fall for this.  Remember, no case and no other attorney is worth your integrity or your license to practice law.
  3. Keep the record intact and concrete.  If you must deal with a "crazy" opposing counsel, you may find that he or she is twisting your words from phone calls or in-person statements.  With these type people, it is best to request that all communications be in writing.  Short of recording conversations, which raises some ethical concerns as well as some legal concerns in certain jurisdictions, this is the only way to make sure your words and statements can be reproduced later in their original context.  Better yet, it makes even the craziest of attorneys think a bit more before they send something your way.  If you need to eventually report the "crazy" attorney to a disciplinary authority or the court, a solid record will be your best friend.
  4. Keep your own sanity intact.  If you are getting frustrated with another attorney, give yourself a break from him or her if possible.  Purpose yourself to not engage with the frustrating individual for 2 days, 3 days, or a week.  This will give you time to recharge, refocus on other matters, and carefully evaluate your next move.  You may also enjoy life a bit more, too.  The last thing we all need is another burned out and crazy (?) attorney roaming the courthouse.
  5. Keep your reputation intact.  Do not let a "crazy" attorney on the other side or on your side change who you are.  If you are a "nice" attorney that routinely extends professional courtesies, do your best to treat the "crazy" attorney in the same way as you treat other attorneys.  Some crazies can be cured with kindness -- these are usually the ones that are just burned out and jaded.  If you are an aggressive, bulldog litigator, do not second guess your strategy.  Keep the moving forward.  If the crazy attorney affects how you practice law on a daily basis, they have won.  If you're not careful, you will let the crazies bring you down to their level.  You are better than that.
In sum, be careful with "crazy" attorneys, but don't be bullied.   Cluck, cluck.

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Good Idea - Bad Idea: Choking A Prosecutor

Posted by wlansden | Filed under
Good Idea:  Politely expressing your dislike for being mocked by opposing counsel.

Bad Idea:  Choking opposing counsel at the courthouse after they supposedly mock you.

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iPad App Review: iAnnotate PDF (Version 1.1.1)

Posted by wlansden | Filed under ,

By Brian Malcom

I purposefully did not review the first release of this software.  The iPad had just hit stores, and I did not want to be too quick to judge software developers that were still working out the kinks.  I am glad I reserved judgment.

The first release of this app was somewhat buggy.  For instance, the app would frequently crash when reviewing “large PDFs” (greater than 10 MB).  You could not email a PDF to yourself once you made annotations.  You were forced to sync it with a desktop companion via WiFi.  On that topic, trying to transfer large files to or from your desktop was tedious and downright impossible by WiFi transfer.  To be fair, I am not sure if I should blame Aji, the developer of this app, for the WiFi transfer problems or Apple.  Apple has acknowledged that the iPad has a WiFi software problem that will be fixed in the next update.  I just know it did not work well.  Now, you can sync large documents using the iPad’s USB cable.  This is much more stable.  You can also email marked-up files to yourself now.

This newest release addressed some of my frustrations with the first version, and I saved a whopping $2.00 by being an early adopter.  The price of the app was $7.99 when it was first released.  It is now in the App Store for $9.99.  All in all, I would now recommend that attorneys download this app for their iPad.

According to developer’s site, the newest version has the following features: 

  • A complete annotation system: Text Notes, Highlight, Underline, Free-Form Drawing, Bookmarks, and more. An intuitive interface allows for viewing and editing annotations without leaving the document reading view.
  • Full-featured PDF reader: Continuous-scrolling page display with all standard scroll/zoom gestures supported, and full-screen reading mode. Edit mode now supports two-finger scrolling.
  • Easy transfer of PDFs: Send and receive PDFs via email, through iTunes sync, by browsing to any PDF link, or using our free desktop transfer software.
  • Tabbed PDF Reading: Quickly switch between multiple open documents. Tab setup and page locations are always remembered, whether switching tabs or quitting and returning to the app.
  • Fully Customizable Toolbars: Reposition and resize toolbars, and drag-and-drop to configure tools included on each.
  • Comprehensive PDF support: Copy-and-paste text, view existing PDF annotations, support for internal and URL links, and PDF outline/bookmarks support. Fully integrates annotations directly into the PDF.
  • Document and full-library search: Search your entire PDF library to instantly find all documents with any keyword. Tabs sort new, unread, and annotated documents.
  • APS (Aji PDF Service): Free companion desktop application for easy sync with your existing desktop PDF collection. Recommended for large libraries of documents.
  • Aji Support: integrated application help and tips, and top-notch email and forum support.
The following are some ways I find this app useful in the daily practice of law:
  • Review PDFs with the ability to highlight, underline, strike through, or comment on text. 
  • Review PDFs and markup or comment without having to print or find those pesky pens or highlighters. 
  • Store PDFs on the iPad for later review when WiFi is not available or for quick access (i.e. – Local Rules, Rules of Civil Procedure, etc.). 
  • Word search within a PDF with OCR text. 
  • Jump to a certain page in a long PDF, as opposed to thumbing through. 
  • Avoid carrying around heavy binders of documents just in case you need to reference them in a meeting by adding them to your PDF library. 
  • Create bookmarks in PDFs for quick reference later.
Some bugs I still would like to see fixed or some tips for working with the current version are:
  • You can open an email attachment in your iPad inbox in the app, but somewhere in the transfer between the native email application and iAnnotate OCR information is lost.  This limits your ability to highlight text and muse other features of the app that require OCR information.  If, however, you forward the same email from your native inbox to your Gmail account and then use the web download feature of the app to open up your Gmail inbox in the app’s browser, the OCR information (so long as it was part of the attachment to begin with) is retained.  I am not sure why the OCR information is lost in direct translation from the native inbox to the iAnnotate app, but I sure would like to see that feature fixed soon.  Until then, I will have to take those extra steps if I am away from my computer.
  • Writing with your finger using the pencil feature is still a little tricky.  My penmanship is not quite as lovely using the tip of my finger as it is when I use a pen or pencil on paper.  Although, it does help to pinch-zoom in on the document and give yourself a little more room for error.
  • I would like to see a render feature in the app.  In other words, I would like to be able to “print” my annotations to an new image of the PDF document to ensure that others will be able to see my comments and markups with ease and to make sure my opposition cannot modify my changes. 

Overall, I think this app is heading in the right direction. If you routinely review and markup PDFs, this app could make your “office” even more portable and save some back strain and trees in the process.

If you have used the app or have questions, feel free to comment below.  Here are some screenshots.

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Don't Judge a Book by its OOTO Message

Posted by wlansden | Filed under ,
By James Bowden

True story – I was sitting on a plane on my way back from vacationing in Italy last week when I came across an article in the Financial Times about my automatic out-of-the-office reply.

Well, OK, it isn’t about my message specifically; the article is more of a diatribe criticizing people who leave such messages as lazy, useless, irresponsible, passive-aggressive corporate payroll dead weights (who apparently can be identified by the elastic in their waist bands), and suggests that they either a) keep their smart phones cranking and remember not to mistake vacation as time away from work; or b) join the unemployed in the breadlines.  Ouch.

I think the author is a) flat wrong; and b) insane.  The reason I set an out-of-office message when I go on vacation is to let clients and co-workers know that I will not be responding to emails as rapidly as I normally would.  You know, because I might be on an airplane, or in a different time zone, or eating a nice meal, or doing something that might damage my precious Blackberry like going for a swim.  But if something is truly important, I’ll get to it as soon as I can given the circumstances.  I don’t think that makes me a bad lawyer, or suggests that I am not dedicated to my clients or my career.  Actually, I think it indicates the opposite.

An out-of-the-office message provides immediate feedback to a client; the certainty of knowing that someone you are looking for is out of the office surely beats the uncertainty of sending an email which is not promptly returned.  If a client is facing a crisis or something time-sensitive, an out-of-the-office message keeps a client in control of their situation (and here’s a hint – a good out-of-the-office message always provides a way to reach you in an emergency).  Finally, an out-of-the-office response may help mitigate the risk of being subject to a common complaint registered by clients against attorneys – that the attorney does not communicate with them.

So, to summarize, Tuscany was amazing (see picture) and a certain contributor to the Financial Times may have an unhealthy obsession with trouser waist bands and/or have gone totally bonkers, likely as a result of working without a holiday for too long. 

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Good Idea - Bad Idea: Juror Edition

Posted by wlansden | Filed under

Good Idea:  Serving duty as a juror—as required!  We have discussed this: Jury Duty: Served! and Jury Duty: Reprised

Bad Idea: Ignoring the Judge’s instructions while serving.  Yep, discussed this too: Juror Twittering Did Not Affect Jury Verdict and Tech Interference with Juries.

Even Worse: Asking the Defendant Doctor for medical advice—during the trial!    

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Nashville Flood Recovery: $32,000 Rescued

Posted by wlansden | Filed under ,

The Davidson County Juvenile Court—still completely displaced from its building by massive flooding early this month—had some good luck shine its way this week.  The clean-up efforts revealed $32,000 in cash in a safe in the clerk’s office—soggy and smelly, perhaps, but present and accounted for!  Assuming the cash can be treated, this is some welcome news.  Check out the article.

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Saggy Pants '10

Posted by wlansden | Filed under ,
There is simply no escaping the criminalization of saggy pants in Tennessee.  This was a hot topic in the legislature almost exactly a year ago (see our articles "Saggy Pants" Granted a Reprieve and Saggy Pants Update) and Tennessee passed on making it a misdemeanor to wear drawers that sag.  The City of Horn Lake, however, is not going to let it drop.  They have begun working with attorneys to prepare a city ordinance to ban the “fashion faux pas.”  Check out this article. 

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BY MS. SMITH: Are you kidding me?

Posted by wlansden | Filed under , ,

By Eileen Burkhalter Smith 

I regularly tell my witnesses that “reading and signing” a deposition is waived by fact and expert witnesses alike.  I recently experienced, however, an opposing expert who wanted to read and sign.  We did not complete the expert’s deposition in one day (okay under Tennessee State Rules, though it might not have been under FRCP 30(d)(1)) and the “second-half” of the deposition was scheduled weeks away.

On the date of the second deposition, the expert handed me a single-spaced typed page of all the changes he wanted to make to the deposition.  Presumably, his own hand-made “Errata” sheet.  The problem?  Some of his changes were actual changes of testimony (e.g., change “yes” to “no”), and supplementation of responses which clearly required him to review documents after the testimony (e.g., change “I don’t know” to “January 17, 1996.”)

I believe my exact response on the record was “Are you kidding me?”  And I have revisited this debacle over and over in my mind.  There are a number of things that went wrong, of course.  Here are just a few of them:

  1. How did this even happen?  I should never have scheduled the “second-half” deposition weeks away.  This guy created this problem only because he had time to read the transcript.
  2. What is happening here?  This was presented as a sort of errata sheet, but that’s not what it was at all.  An errata sheet is returned to the court reporter with a signature for the deposition.  It is intended as correction of errors, which I always assumed were typos.  This was, essentially, unsworn hearsay changing his sworn testimony.
  3. Why is no one else appalled at this?  There were many parties and counsel involved in this deposition, and because no one else objected, I did not make an objection on the record.  (Hearsay? Non-responsive? Completely inappropriate?)
  4. What can I do now?  At the time, I simply exhibited the page to the deposition, and asked the expert to explain his changes on the record.  Ultimately, I had plenty of contradictory testimony on the record, which was helpful later in this case.  I have heard of colleagues moving to strike the errata sheet, moving to strike the deposition altogether, or even moving to exclude the expert as untrustworthy.

This ended up hurting the witness more than helping.  It just took me a little while to realize that.

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Good Idea - Bad Idea: Spying on co-workers

Posted by wlansden | Filed under
Good idea:   Security systems at law firms.

Bad idea:     A partner placing a hidden camera under a female employee's desk, even if one of his listed hobbies on the firm website is photography.

According to the Atlanta Journal-Constitution, a partner at an Atlanta law firm has been charged with three counts of unlawful surveillance.  He is accused of placing a hidden camera under a female employee's desk, without her knowledge, at least three times. 

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