Kentucky Law Review

LawReader Posts of Note

LAWREADER RECEIVES ALLEGATIONS REGARDING THE QUESTIONABLE USE OF OUTSIDE COUNSEL BY THE KBA BAR COUNSEL

FEINBERG RECANTATION MADE AFTER TRIAL, IN CLOSED ROOM, WITHOUT CROSS-EXAMINATION – WILL THIS BE BASIS FOR NEW LEGAL THEORY ALLOWING POST TRIAL RECANTATIONS

WHAT ISSUE MIGHT BE CONSIDERED BY THE KY. SUPREME COURT IN THEIR DISCRETIONARY REVIEW OF THE COURT OF APPEALS RULING IN ABBOTT V. GALLION ET AL?

KENTUCKY SUP. CT. GRANTS DISCRETIONARY REVIEW OF DISMISSAL BY CT. OF APPEALS IN ABBOTT V. GALLION FEN PHEN CIVIL CASE

The Media Seems Outraged by Newt’s Plan to Arrest Judges Who Make Rulings He disagrees With….But that same doctrine has been advanced by the KBA in Kentucky, and was recently upheld

DUTY OF ATTORNEYS TO REPORT ETHICAL VIOLATIONS OF OTHER ATTORNEYS – Does this apply to Bar Counsel’s Office?

IS IT POSSIBLE FOR BAR COUNSEL’S OFFICE TO HIDE ETHICS COMPLAINTS AND PROTECT THEIR FRIENDS?

DUTY OF ATTORNEYS TO REPORT ETHICAL VIOLATIONS OF OTHER ATTORNEYS – Does this apply to Bar Counsel’s Office?

COPY OF ANGELA FORD BRIEF SEEKING TO AVOID ACCOUNTING TO U.S. ATTORNEY

WHEN WILL THE KBA TELL THE PUBLIC WHY THEY FIRED LINDA GOSNELL? OPPOSITION TO BOARD OF GOVERNORS GROWS.

AOC CLAIMS COURTS ARE OPEN AND TRANSPARENT – BUT KBA REFUSES TO RELEASE INFORMATION

Trial Practice Tips: Outstanding Index to 7 years of trial practice tips found at The Trial Practice Tips Weblog of Evan Schaeffer

Need a mentor that doesn't ramble and tell you one war story after another like I do when asked a question?

Want to pick up some tips, tricks, and trivia?

Want them organized by subject?

Then here is a start. Evan Schaeffer has been sharing his trial practice tips, gems, and topics since 2004 with a lotta posts.  Here is an index he posted on 9/13/2011 that permits you to peruse by topic.

Thanks Evan. 

 

by Evan Schaeffer

Since I started this weblog in January, 2004, I've written 947 posts, enough material for a good-sized book. Most of these posts are assigned to one or more categories. You can get to these categories by clicking on the list that appears on the left side of the weblog. I've also listed the categories here, followed by the number of weblog posts that have been assigned to each:

Appeal 26
Books 31
Class Actions 26
Closing Argument 28
Courtroom Tech 31
Cross-Examination 44
Current Affairs 5
Damages 14
Depositions 157
Direct Examination 14
Discovery 88
Evidence 46
Experts 53
Instructions 10
Law Online 36
Legal Writing 61
Mediation/Arbitration 8
Miscellaneous 83
Motion Practice 37
Opening Statement 19
Pleadings 5
Requests for Admissions 10
Settlement 6
Trial Style 37
Voir Dire 36
Web/Tech 65
Weblogs 27

Thanks for reading the Trial Practice Tips Weblog.

And here is a post from June 11, 2010 as a teaser for those too lazy or busy to click and and follow the road to other links.

The Zen of Trial Practice

Here's a novel idea for lawyers from a new law blog, Seattle Zen Legal Blog: "Thou Shalt Not Be a Pompous Ass"--

As an attorney I work on treating all people with dignity and respect. This is the right thing to do. Sadly there are lawyers who are over impressed with themselves. These lawyers talk down to others or appear not to have time for the problems of little people. Well we never know who we are helping, and since we have chosen to be a lawyer, we have an obligation to help others when we are able.

The blog's author is Pat Trudell. On his blog, you can also read posts like "Beyond the Reptilian Brain" and "Personal Injury as Tragedy."

and yet another:

July 23, 2009

Your First Trial: Getting Up to Speed Quickly

At Ron Miller's law firm, Miller & Zois LLC, they're open to the idea of sharing their work product. The firm's "Sample Personal Injury Trial Materials" contains many real-life transcripts, in addition to forms and examples in these areas:

• Sample Voir Dire
• Opening Statements
• Direct Examinations
• Cross Examinations
• Jury Instructions

Since real-life examples provide one of the best ways to learn, the Miller & Zois webpage is worth a look.

Related posts:

1. Trial-Planning Steps to Take After a Deposition Has Ended

2. Learn from a Trial Transcript

3. Motivating Yourself for Trial: Start a Notebook Early

ILB: Recent posts from the Indiana Law Blog of some interest to Kentuckians

Courts - More on "Reliability Of Eyewitness Testimony Under Scrutiny"

Courts - "GPS used to track fired NY state worker raises privacy issue"

Ind. Courts - "No-shows plague jury trials in Indiana, Kentucky"

Ind. Courts - Public Comments Being Accepted as Court Considers Possible Changes to the Senior Judge Program

Ind. Courts - "Ind. Judges Ban Court Employees' Facebook, Twitter Postings"

Courts - Bad news for public access to court documents

Courts - "Federal Judicial Conference Urges Restraint In Sealing Civil Cases"

Courts - "Stenographer sues Pa. lawyer over transcript claim"

Courts - "More bullying cases have parents turning to courts" [Updated]

Courts - "Court Case Asks if ‘Big Brother’ Is Spelled GPS"

LAWREADER: Two posts - one on Eric Deters and the other on Angela Ford

THE KBA ETHICS PROSECUTION AGAINST ERIC DETERS RESULTS IN FIFTEEN COUNTS BEING DISMISSED, AND 4 MINOR CHARGES SUSTAINED.

FEDERAL JUDGE RULES AGAINST ANGELA FORD AND ALLOWS U.S. ATTORNEY TO REVIEW ACCOUNTING K RE: HER HANDLING OF CLIENT FUNDS

Social Media, confidentiality and the practice of law and the courts

Facebook, Twitter, MySpace, LinkedIn, and the social media present ethical, professional, and moral issues for lawyers, judges, and court personnel and staff.  Comments can go viral, and the propriety of those comments can redound to the sender's disadvantage.

Although the obvious pluses for postings on the social media and blogs include marketing, advertising, professional promotions, and politic'ing, there is always the downside risk that you write a post that is not well received.

This is what happened to a local attorney involved in a confidential child cutody matter.  Of course, if there were any doubts or uncertainty about the comments' connection with a particular case or child, they seem to be less tenuous now following their publication in the newspaper.

Another Pandora's box erupts now on the limits and controls of lawyer's professional and private speech run head on with the legal system's prescription of privacy and confidentiality on child custody matters.

If you wish to read this story, then do a Google (tm) search.

 

BLOGS: " Courts - "Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?" "

From the Indiana Law Blog:

Courts - "Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?"

by Marcia Oddi

Read about the law journal article by Professor Daniel Kanstroom here, at Sentencing Law blog....

Here's a short-stack of useful posts from Lawreader.com and Judge Stan Billingsley

Stan Billingsley's LawReader web site also does some pretty good blogging and original thinking.  Here are some links to recent posts for your enjoyment.  Lawreader.com is also a very, very good legal research site with on-line legal research functions and a lot of Kentucky-unique materials.

Commonwealth Attorney James Crawford of Carrollton selected as Special Prosecutor after Attorney General Jack Conway recused himself from Investigation of Sullivan College

CORPORATE VEIL NOT PIERCED BY FAILURE OF LLC TO PAY ANNUAL CORPORATE FEES, IF FEES UNTIMATELY PAID AND LLC IS REINSTATED

KY. SUPREME COURT RULES THAT CHILD’S SOCIAL SECURITY BENEFITS MAY NOT BE DEDUCTED FROM FATHER’S CHILD SUPPORT OBLIGATION –

DUTIES OF TRIAL COURT IN IMPOSING SANCTIONS FOR NON-SUPPORT – JUSTICE CUNNINGHAM CITES STAR WARS IN HIS SPIRITED DISSENT

Seven positions on the KBA Board of Governors will be up for election in 2012. Applicants must submit a petition signed by 20 KBA members by October 28, 2011.

Forbes Magazine: Non-Lawyers Find It Hard Avoid Breaking Bar’s Vague Rules. Kentucky Bar Association Cited for Improper Interference with Federal Mandates re: consumer protection

IMPORTANT AMICUS BRIEF REJECTED BY SUPREME COURT — KBA ATTACK ON THE JUDICIAL IMMUNITY DOCTRINE ADVANCES-

DIFFERENCE IN MALICIOUS PROSECUTION AND ABUSE OF PROCESS TORTS

KJA: John Day, Tennessee Lawer, Blogger and Trial Lawyer speaking at Kentucky Justice Association Convention set for Sept. 7-9

Noted Tennessee lawyer and blogger John Day will be speaking at the 2011 Kentucky Justice Association's convention in Louisville in September.  I thought  a few posts from his legal blog “Day On Torts” would be interesting.

His talk on Sept. 8 will be at 11:15 a.m. on Economics of Case Selection; John Day, Nashville, Tenn.

Lawyer Alleges That False Medical Article is Being Used to Defeat Brachial Plexus Injury Cases

California Supreme Court Limits Medical Expense Recovery to Amount Paid By Insurer

Big Firm Associate Sues - Says He Was Fired For Being Too Intelligent

Baxter Lawyer Taped Trying to Get Opposing Expert to Leave Town

Iowa Rules That The Dead Cannot Be Sued for Punitive Damages

Reasonable and Necessary Diagnostic Tests Must Be Awarded By Jury in Personal Injury Case

Use of Internal Policies Can Be Used to Prove Violations of Reasonable Care

Legal Blog Update 5/22/2011

iPad Apps Lawyers Should Be Using Webinar

Important Published Family Law From Ky Supreme Court Today

CITY POLICE HAVE ARREST POWERS OUTSIDE OF CITY

A COURT OF APPEALS JUDGE HAS ISSUED A TEMPORARY RESTRAINING ORDER AGAINST A RULING BY GRANT CIRCUIT JUDGE STEPHAN BATES.

Kentucky Supreme Court Allows Media Access to Contempt of Court Hearings of Jurors

Kentucky Counties face growing legal bills to ACLU in Ten Commandments Cases

Judge to rule in five days on gasoline price gouging case

JCPS: LET'S BREAK IT DOWN PART 1

ALI Adopts Restatement Provision on Liability of Those Who Hire Independent Contractors

:: Supreme Court Signals Broader View of Equitable Relief Under ERISA

Your Thoughts on How to Become Free

When An Expert Witness Opines On His Or Her Own Expertise

Insurers' Practice of Accepting Premiums and Later Denying Coverage May Come Under Fire in Wake of Amara

Using Tech Wisely

Creating and Using Custom Redaction Patterns

How do I install my S1500 ScanSnap scanner on a Microsoft Windows Operating System?

THE IMPORTANCE OF PRIVATE TIME

AGE PROGRESSION FORENSIC ART: THE TIME HAS COME

Blog Headlines - Apr. 24, 2011

GEE LIKE WE DIDN'T ALREADY KNOW THAT: CODE DEPARTMENT NEEDS CHANGES

AG says U of L physician groups tied to Passport must release salaries, other financial data

Foster v. Fortner, Ky COA, Registration of Foreign Support Order, Modification, UIFSA, Jurisdiction, Waiver

Court of Appeals to hear arguments in appeals from KSP officers, Kentucky Enquirer on April 26 in Williamstown

ABA president-elect to give keynote speech at Kentucky Law Day celebration May 2

Franklin County to break ground for $29.1 million judicial center April 29

THE NEW “SQUEAL” RULE – Your duty to report ethics violations

KBA Ethics Opinion Prohibits Ex Parte Communication Between Judge and Prosecutor

TURMOIL AT KENTUCKY RETIREMENT SYSTEM HEADQUARTERS

State pension agency posts salaries online

Former legislator suspended from practicing law for three years

TrialPad For iPad 2.0 Demo – ABATechShow 2011

11 POWER WORDS FOR 2011

Dress for the Courtroom