Tuesday, September 13, 2005
~ when legal research goes awry ~
One of the disturbing aspects of the study reports that federal government websites have a number of quality control issues, such as broken links, missing titles and missing keywords. If your legal research at the court sites fails you, this may be why.
Using the random sample of 5,000 pages from each federal agency, the jurisdiction with the largest number of missing titles was the 6th Circuit Court of Appeals 2,710), followed by the 2nd Circuit Court of Appeals (2,023), 9th Circuit Court of Appeals (1,472), the 11th Circuit Court of Appeals (1,418), and the 4th Circuit Court of Appeals (1,375).
The site with the largest number of missing keywords was the National Labor Relations Board (5,003), followed by the 9th Circuit Court of Appeals (5,001), and the 1st Circuit Court of Appeals.
The award for the largest number of missing descriptions goes to the 9th Circuit Court of Appeals.
The site with the largest number of broken links: 5th Circuit Court of Appeals (1,641).
Read the complete post!
Wednesday, August 24, 2005
~ getting good background on your employees ~
Read the complete post!
Saturday, August 20, 2005
~ California Supreme Court answers trial by jury issue ~
Read the complete post!
Wednesday, August 03, 2005
~ background screening - add blogging to the checklist ~
Read the complete post!
Wednesday, July 13, 2005
~ internet information brokers could get attorneys into hot water ~
In one of many news stories, EPIC suggests that they have their eyes on attorneys who may be buying this information on the Internet, not just the brokers.
Hoofnagle said EPIC also plans to file complaints with state attorneys general, state regulators of private investigators and attorney bar association ethical committees, because it believes law firms are among the most frequent clients of the online investigation firms.I've cautioned clients [Law Technology News, July 2005, Cut to the Chase: A primer for using public records databases] (free registration) about purchasing any data obtained by a click of the mouse, not just in order to avoid grey areas of the law, but because you'll waste money on information that is usually stale or inaccurate. And don't even think it meets any standard of due diligence.
Email me for a pdf of the article.
Read the complete post!
Thursday, July 07, 2005
~ washington state appellate court decision on due diligence in locating heirs to an estate ~
We agree with the trial court. Allocating the burden of proof to the executor is more consistent with the executor's role as an 'officer of the court and a fiduciary for the heirs'. Hesthagen, 78 Wn.2d at 941. Because the executor has the fiduciary duty to identify and notify those who are statutorily entitled to receive notice, it logically follows that in the event of a later challenge based on lack of notice, the executor will have the burden of showing that he used reasonable diligence to discharge his duty. Otherwise, and especially where the executor of an estate has a beneficial interest in it, the sense of fiduciary duty might easily give way to a temptation to conduct a superficial search or none at all.11 We conclude that evidence showing how Vannoy could have located the nieces and nephews was not a prerequisite for reopening the estate for lack of notice to them. Vannoy, whose 'best presentation' below included no evidence that he was diligent, was correctly found to have breached his duty to identify and notify these heirs of Martin Little. As a consequence, the decisions made in the probate are void as to these heirs. The court did not err in ordering the reopening of the estate. Affirmed. Vannoy's request for attorney fees on appeal is denied.
Read the complete post!
Monday, July 04, 2005
~ michigan appellate digest - by major topics ~
Read the complete post!
Friday, July 01, 2005
~ what's bloggin' on Justice O'Connor and the future of the supreme court ~
Not as surprising a move as it seems, at least to the White House, which was circulating a list of possible female candidates last week. I think you can surmise who might be hot based on these biographical summaries. And then...the nomination process...
balkanization points to the bitter fight ahead, more contentious because of O'Connor's pivotal role on the Court. The problems inherent in a Gonzales nomination and Supreme Court statistics you don't need to know are all at SouthernAppeal.
Supreme Court
Read the complete post!
Sunday, June 26, 2005
~ give your client the experience of her life ~
Read the complete post!
~ missouri employers - take note ~
Employers may avoid running afoul of the state statute by asking job hunters to send their applications — with Social Security numbers — by fax or postal service.
Read the article [free registration required; bypass with bobross@pbs.org/happy3]
Read the complete post!
Sunday, June 19, 2005
~ expand your autopsy knowledge ~
Read the complete post!
~ indiana court recognizes a google search as part of due diligence ~
Bays does not necessarily establish the minimum that should be required for a showing of due diligence in locating a missing litigant. We do note that there is no evidence in this case of a public records or internet search for Groce or the use of a skip-trace service to find him. In fact, we discovered, upon entering "Joe Groce Indiana" into the Google™ search engine, an address for Groce that differed from either address used in this case, as well as an apparent obituary for Groce’s mother that listed numerous surviving relatives who might have known his whereabouts. Link to the opinion
Read the complete post!
Thursday, June 09, 2005
~ settle down -but not so fast ~
In an appeal by the church’s insurers, the California Court of Appeal in Los Angeles vacated the settlement judge’s written orders. Noting that it hadn’t been informed of the settlement, the court said the judge had “exceeded his authority by making factual findings and otherwise preparing a coercive order in violation of the fundamental principles governing mediation proceedings.” Travelers Casualty and Surety Co. v. Superior Court, 126 Cal. App. 4th 1131 (Feb. 15).The ADR folks argue for cooperation rather than coercion and make a case for incorporating this approach into the code regulating judicial ethics.
Read the complete post!
~ state by state guide to medical statutes of limitation ~
Statutes of Limitation
Limits on Damage Awards
Pre-trial Screening and Arbitration
Joint and Several Liability
Expert Witnesses
Read the complete post!
Friday, June 03, 2005
~ get thee to the nearest shredder ~
And from the geek corner. Companies are finding a niche in document destruction.A new federal rule that took effect Wednesday requires all businesses and individuals to destroy private consumer information obtained from credit bureaus and other information providers in determining whether to grant credit, hire employees or rent an apartment. Read an article
Read the complete post!
Wednesday, May 18, 2005
~ online legal dictionary helps you find, define and substitute words and phrases ~
Read the complete post!
~ more tips for those with memory problems ~
Tuesday, May 17, 2005
~ too much knowledge can lead to imprecise memory ~
"There seems to be an inverse relationship between the ability to categorize and the ability to remember details," Sloutsky said. "If you're very attentive to details - like the children in this experiment - you can't create categories. But without ignoring the details, we would be unable to categorize."
First, they found that there is a gradual decrease in recognition memory from children to adults - there is no large jump that occurs as people approach adulthood. Secondly, the study shows that it is "lack of knowledge - not something specific to children - that helps make recognition memory more accurate." That's why adults had accurate, child-like memory in the experiment in which they were tested using the imaginary animals. Read the article
This may be an argument to select jurors whose purported knowledge is far afield from the case facts in order to impress upon them your viewpoint!
Read the complete post!