Are blogs commercial speech? California bar gives advertising guidance

If you’re blogging about your successful representation of a client and linking back to your law firm website, you may be crossing an ethical line. Read about a recent State Bar of California ethics opinion.

Jun 1, 2017 2:20 AM CDT

The Principle of End Weight: Creating sentences with emphasis

Let’s investigate a little-known secret of style.

Quick: What’s the most emphatic part of a sentence? Many legal writers don’t know, and this explains why many are so poor at phrasing.

Jun 1, 2017 2:10 AM CDT

California may toughen rule on sex between attorneys and clients

Sex with clients is forbidden under the rules of professional conduct in most states. The rules exist to ensure that the lawyer’s independent professional judgment is not clouded or conflicted by the emotions encircling intimate relationships. The rules also exist to protect clients from lawyers, as often there is an…

May 1, 2017 1:50 AM CDT

How to write powerful closers

If, in persuasive writing, your opening words must arouse your reader’s attention, your closing words must somehow prompt your reader to act.

May 1, 2017 1:40 AM CDT

As most-cited songwriter, Bob Dylan brings complex poetry to court opinions

Bob Dylan is, by far, the most-cited songwriter or popular artist in American judicial opinions. And these citations are not merely add-ons or throwaways.

Apr 1, 2017 2:50 AM CDT

Lawyers should tread carefully before quitting a troublesome client

Lawyers who seek to withdraw in civil cases for client nonpayment of funds should take precautions to ensure that they do not violate the duty of confidentiality, according to ABA Formal Opinion 476 (PDF).

Apr 1, 2017 2:40 AM CDT

Make motions more powerful by writing openers that focus on ‘deep issues’

An effective opener involves stating the problem to be solved. After all, what is a motion? It’s a request to resolve a specific problem by entering a specific order.

Apr 1, 2017 2:30 AM CDT

6 more leading trial lawyers share secrets of effective opening statements

Most of us know the elements of an effective opening statement: Tell a good story, weaving the evidence with themes that will resonate with the jurors’ common sense and life experiences. But what’s the best way to do that? Bang the table or shoot the breeze? Attack immediately or hold your fire? Most important, how can you connect with the jury—a panel of strangers who can’t talk back but who will determine the fate of your case?

Mar 1, 2017 3:30 AM CST

Going Deep

What’s the most important part of a motion or brief? The judges I’ve interviewed over the years give various responses to the question, but what I most often hear is this: a precise description of the questions presented in the case or the statement of the issues.

Mar 1, 2017 3:20 AM CST

How should fees shared between lawyers at different firms be disbursed? ABA ethics opinion weighs in

In a recent opinion that addresses a common but potentially problematic issue for lawyers from different firms who work together on the same case, the ABA Standing Committee on Ethics and Professional Responsibility clarified the interplay between two of the association’s Model Rules of Professional Conduct that apply to the…

Mar 1, 2017 3:20 AM CST

Legendary litigators share their advice on crafting your best opening statement

Read what the most renowned trial lawyers in the United States say are their secrets to a great opening.

Feb 1, 2017 2:20 AM CST

Florida requires lawyers to include tech in CLE courses

One of the most enduring legacies of the ABA Commission on Ethics 20/20 boils down to a nine-word phrase that was added to the ABA Model Rules of Professional Conduct.

Feb 1, 2017 2:10 AM CST

How life lessons from a legendary golf instructor can improve lawyers’ litigation scores

Years ago when I was playing competitive golf in junior tournaments throughout Texas and Oklahoma, my coach was the great Harvey Penick of Austin, Texas. He was the gentlest imaginable coach, always saying, “Why don’t you try this?” or “Why don’t you try that?”

Feb 1, 2017 2:00 AM CST

Use subtext to guide jurors to recognize what a trial is really all about

Trial lawyers, like literary artists, know how to pose the right questions. They construct the staging, especially in courtroom scenes, that directs their audience—jurors and judges, and sometimes the public—toward intended readings of dramatic subtext.

Jan 1, 2017 2:20 AM CST

Lawyers advising clients on marijuana laws may run afoul of ethics rules

A key question is whether a lawyer advising a client on the cultivation, sale or use of marijuana under state law runs afoul of professional conduct rules given that such activities are illegal under federal law.

Jan 1, 2017 2:10 AM CST