chain of causation

a series of events in the life of a lawyer

Archive for July 2009

Short Quips: July 25, 2009

4 more days left before the New York Bar Exam and yeah… not feeling overwhelming confidence. Perhaps if I channel the power of WhatDoYouMeanItsNotAwesome I’ll blow out the curve? Yeah, not going to happen. Anyway odds and ends for the last two and change weeks:

  • Any lawyer who tells you something is absolutely certain has never met a jury. Gives new meaning to the common financial world legal boilerplate: “past performance is not indicative of future results.” Star Attorney in $8 Million Bungle: Gamble Backfires for Tragic Li Family. [New York Post]
  • This motion warrants a place in my folder of epic filings. Lots of competitors have superstitions that help channel their physical and mental energies to maximum performance. Lucky number, lucky shirt, lucky shoes, heck I myself have a lucky charm which although I have not been religious about it does seem to have some subconscious magic of its own. Apparently now we have a Motion to Compel Defense Counsel to Wear Appropriate Shoes because having shoes with holes in them constitutes some form of unfair prejudice. [Lowering the Bar]
  • A follow up to the Shoes motion resulted in a mistrial when jurors disregarded instructions on reading outside information about the case. It did validate the lucky shoes by dodging a 2.2 million judgment that the jury was allowed to come to an advisory verdict on. Appropriate-Shoe-Motion Case Ends in Mistrial After Jurors Read About Motion. [Lowering the Bar]
  • Kindle users were greeted with a delightfully ironic twist when what was revealed to be unauthorized copies of George Orwell’s 1984 and Animal Farm were remotely deleted and refunded. Alot of people including myself were initially surprised at that course of action seeing that in the real life context Amazon couldn’t exactly reach into my house and retrieve an unauthorized copy of a physical book. However, it does turn out that under 17 USC 503 and 509 that a court could authorize the destruction of all copies made in violation of a copyright including those already sold to third party bona fide purchasers for value. Although perhaps the legally correct and properly advised by Amazon’s counsel, Public Relations could have done a much smoother job of communicating why those actions were taken. Some E-Books Are More Equal Than Others. [NY Times]
  • Many jokes have been had about the lengths certain lawyers go to find clients. Although I find it better to have clients come to you than the other way around, this isn’t quite what I had in mind: Truck smashes into auto accident law office. [via Overlawyered]
  • A poster child for why you should not volunteer information and exercise your right to stay silent: Man pulled over for not using blinker admits to sex with teen. [via Overlawyered]
  • Contempt of court is a coercion tool but in civil matters, if it is apparent that continued detention is not going to coerce the contemnor to comply, he must either face due process for criminal contempt or be released. 14 years seems to be a safe number now. Lawyer Jailed for Contempt Is Freed After 14 Years. [Lowering the Bar]
  • Disclaimers I like: “OF COURSE IT’S HOT!” [Overlawyered]
  • When making copyright claims on behalf of your client, ensure that you are not suing your very own client (or at least one with less propensity to flame out on Twitter). Musician angry after BPI forces YouTube to pull his video. [Ars Technica]

Due to the New York Bar Exam, the Multistate Professional Responsibility Exam (although I have a previous score it wasn’t high enough for New York but was sufficient for Illinois and New Jersey), and a short family vacation to Yellowstone I will be on limited availability for about the next month. See everyone on the flipside.

Written by Vincent Kan

July 25, 2009 at 1:31 pm

Posted in Random

Short Quips: July 9, 2009

First doc review project is over and although I got an offer for another project lasting one month from the same place, I had to decline it due to the upcoming NY bar exam (yes, I am slightly nuts for attempting a third bar). On to the speedlinking:

Written by Vincent Kan

July 9, 2009 at 2:06 pm