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Using Word 2010 to redline documents for amended pleadings

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Technology should make our lives easier. Properly harnessed, it can do just that. Left to its own devices, however, it’s less “Star Trek” and more like the worst parts of “The Matrix” — you remember, the scary part with computers and machines taking over our lives. Here’s one Word 2010 tip that will make your life easier.

Rule 2-341(e) of the Maryland Rules of Civil Procedure requires:

Highlighting of Amendments.  Unless the court orders otherwise, a party filing an amended pleading also shall file at the same time a comparison copy of the amended pleading showing by lining through or enclosing in brackets material that has been stricken and by underlining or setting forth in bold-faced type new material.

(Curiously, this rule, based on Local Rule 103(6)(c) of the Rules of the United States District Court of the District of Maryland, applies to circuit court cases but there is no counterpart for district court cases. Perhaps the Rules Committee figures that district court practice is too fast-paced to warrant this protocol. I bet if they knew how easy it was to comply, they would change their tune.)

Some people try to do this manually — going through a pleading, selecting a portion to be excised, right-clicking it, selecting Font, and then clicking strikethrough to show a deletion. But try doing that in a 100-paragraph pleading.

If you want an easier way, this is it:

– Find your original pleading. Open it up.

– Under the File menu tab, click Save as. Name it something easy, like “P AMD Complaint (02-28-12)”

– In the Review tab, click Show Markup. This will allow you to choose what revisions show up in the new document.  I put checkmarks next to Comments, Ink, Insertions and Deletions.

(You might choose formatting, too, though those changes appear in balloons to the right of the document, which can appear unwieldy.  I’m not aware of any courts that have taken a position on revealing changes in document formatting.)

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Category: Civil, Technology

How to build a personal law library

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One of the partners at my law firm is a walking legal database. Whether I need to know a case dealing with fiduciary duties of a prior owner of a company or the last case in Maryland dealing with notices for mechanic’s liens, there is a high probability that he will know the case (or have information to quickly locate the case).

We all know of these individuals (and some of the readers of this blog may be those individuals). I’ve heard of stories about recently retired Court of Appeals judge who could not only cite cases regarding various legal topics but provide footnotes and pin cites.

Alas, I am not one of those individuals. To make up for my inability to recall the specific passage and verse of every single case I have ever read, I needed to develop a system to ensure that I was up to date with each new opinion pertinent to my practice. Fortunately, as a business attorney with a focus on construction law, I do not need to read every single opinion that is drafted and published (though I enjoy reviewing some of the criminal law opinions because they made for some good story telling).

So, I’ve developed a personal law library. In order to keep track of new opinions, I initially review the Maryland Lawyer section in Monday’s Daily Record, which provides a list of all of the previous week’s cases and a handy summary for each case. I circle cases I deem important for my practice and then have my legal assistant download them from the Judiciary’s website (a process that is free and environmentally friendly).

After I review the case and make electronic notes (I’ve only scratched the surface of PDFs’ wonderful features, though John Cord has written about this), I save the electronic version of the case in a folder in my Dropbox account (a cloud account that is free for the first 2GB).

Over the past few years, I have created an online, readily-available personal law library for myself. If a legal issue comes up, I can quickly determine if it’s something I already have researched. Obviously, I make sure the law is still good, but its the start that saves me time and our client’s money.

While this method works for me, are there any other methods that you use to help organize relevant cases you use?

Category: Advice, Civil, Criminal, Firms, Technology

When TMI on social media spells trouble

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Why some people take pride in the fact their Facebook profile emulates an episode of Tosh.0 is beyond me. (I am not saying that I don’t watch the show and laugh hysterically. But, simultaneously, I do wonder why people put some of this stuff up on the Internet for the entire world to see.)

While Facebook has been in the news recently for its upcoming IPO, another story, about Facebook privacy, caught my attention on the radio as I was brushing my teeth this morning. Apparently, Facebook is still working on deleting photos from its servers in a timely manner nearly three years after the issue was brought to Facebook’s attention.

Have you ever deleted a horrific photo on Facebook that was posted by a “friend?” Well, you may not have really deleted it. Photos “deleted” from Facebook seemingly never go away if you have a direct link to the image file on Facebook’s servers. Just imagine the joy felt by those individuals who had the common sense or foresight to delete photos because they didn’t want retaliation from an employer, wanted to avoid family drama or uploaded a photo of a friend without permission, to name a few reasons, when they discovered the photo would remain accessible for an indefinite amount of time as long as someone had a direct link to the .jpg file in question.

A few months ago, I had to research the discoverability of information and data on a Facebook (or other social media) account and profile. From the limited guidance published by a few jurisdictions, it seems that a party would likely succeed in requesting Facebook information and data during the discovery process. The court’s interpretation of federal Rule 26(b)(2)(c) allows for an extremely broad scope of relevancy.

While Maryland courts have not ruled on this broad scope of relevancy as it pertains to social media discoverability pursuant to Rule 26(b)(2)(c), it has ruled on its reliability and authentication. In April 2011, the Maryland Court of Appeals reversed the conviction of Antoine Griffin, which was based on evidence gathered from a MySpace profile of Griffin’s girlfriend. The Court of Special Appeals had ruled the police officer proffered by the state as an authenticating witness was sufficient to authenticate the MySpace profile printout. (A law professor from Chicago gave a great summary of this case on his blog and I will highlight some points here.)

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Category: Advice, Civil, Social Media, Technology, Workplace

Biden’s ‘American exceptionalism’ and the rule of law

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My old boss, Vice President Joe Biden, weighed in on “American exceptionalism” during a speech Monday. In subscribing to the idea, the former chairman of both the U.S. Senate Judiciary and Foreign Relations committees provided the unique perspective that our exceptionalism is particularly demonstrated by our “deep commitment to the rule of law.” I think he’s got a good point. And, I think it’s notable how his view was shaped.

Biden, a lawyer, is as aware as anyone of the importance Americans place on the rule of law at home and abroad. He presided over some of our nation’s most controversial judicial nominations and later, as the Senate’s point man on foreign affairs, met with countless leaders from  different countries, territories and international organizations while pushing President Bill Clinton and the United Nations to punish rulers who flouted the rule of law.

Our own commitment to the rule of law was demonstrated to the world during the 2000 presidential election in which we accepted the Supreme Court’s decision in Bush v. Gore. Without a coup, civil war or violent rioting in the streets, the public and the losing candidate moved beyond the controversy because of respect for the rule of law and the greater good of the nation.

The respect may be especially profound to those entrusted with determining the rule of law in specific cases. It is a topic of Justice Stephen Breyer’s recent book and a favorite subject of Maryland Court of Appeals Chief Judge Robert M. Bell.

When speaking to youth about the judiciary and separation of powers, Bell often laments the court’s status as the weakest branch of government. With the legislature possessing the power of the purse and the executive having the power of the sword, the courts have only the power left to it by the willingness of the public to accept its judgments. The fact that we regularly do is truly exceptional.

Talk of American exceptionalism often seems tinged with arrogance, and this perception can be counterproductive when trying to collaborate with foreign governments. But I think Biden’s perspective gives us something to be very proud about when comparing ourselves to the rest of the world and something both sides of the political spectrum can embrace.

Category: Civil, Criminal

Expanded voir dire in Maryland

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Almost every national CLE program I attend has something about voir dire. I remember one in particular — about a year after I passed the bar — where some hotshot lawyer from another state was regaling us with stories about how voir dire took two days for a medical malpractice case.

He described tactics — how to begin laying the case theme in voir dire, the ability to use voir dire as a preliminary opening statement and what questions were crucial for discovering those jurors who could not decide cases fairly. I worked on a few cases in other states, and the voir dire process was long and drawn out and seemed to require days of preparation.

Fast forward to my first experience with a Maryland-style voir dire. It’s best described as short. In some cases I’ve since been involved in, it can be done in less than an hour. Some of the longer ones have lasted about 3 hours.

The hardest part (although not that hard) is understanding the process of counting in order to make strikes as effective as possible. Other than that, there is little that a trained monkey can’t understand.

Here in Maryland, our judges typically ask all of the questions. The parties submit proposed voir dire questions before the trial. The judge will look them over, decide what he/she wants to do, and if you’re lucky, might ask for some oral argument on the more unusual questions proposed by counsel.

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Category: Civil, Criminal, Trial

Striking out on your own

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The word “solo” means “alone.” The definition itself can be good reason for a lawyer to avoid it — it implies all of those things that humans as social animals try to avoid.  From the primitive need for security in larger numbers to the modern need for a ridiculously high number of Facebook friends, we are designed to seek out others.

Done right, going solo should be more communal than working in a big law firm. Modern technology gives us the benefit of email, listservs, instant chat and video chat. Networking lunches are more important for solos, who rely on others for business referrals. Bar association CLE classes and meetings provide a lifeline to similarly-situated lawyers. Family and friends boost us up and make the solo dream a reality.

And the best reason for going solo? Autonomy. The chance to create something, to apply life’s lessons to your firm, to set your own priorities. That’s why I’m striking it out “on my own.” As any solo will tell you, the work ranges from the mundane (filing articles of organization and opening an IOLTA account) to the exciting (starting a website and that first meeting with a potential client).

Coming on the heels of Michael Siri’s post Friday detailing the disappointing lack of donated food to the Maryland Food Bank this holiday season, my first official priority is to help turn that around. For every “Like” my new Facebook business page gets between now and Dec. 31, I will donate $1 to the Maryland Food Bank.  I’d be pleased if other lawyers or local law firms make the same offer — let us know in the comments section below.

Category: Civil, MSBA, Social Media

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