I repeat: every lawyer should use outlining software. Yet I can’t find anyone who does. Back in the mid-90’s, I attended a Bryan Garner CLE on improving legal writing. Twenty years later, the three big takeaways I still remember are: outline before you write; shorter is better; and ditch the legalese (hereby, wherefore, hereto, etc.) Here’s an article that says John Grisham spends more time on the outline than the book: Ask John Grisham, and he’ll tell you he can’t write a novel without doing an outline first. View Full Post
Earlier today, I had the pleasure of joining the Appellate Lawyers’ Association lunchtime meeting to talk about Litigation Analytics and Appellate Law: What the Numbers Tell Us About the Illinois and California Supreme Courts.  Attached here is a copy of the Powerpoint for the Presentation: Data Analytics 11 15 2017, and here’s a recommended reading list (in Word) of the academic literature applying statistical concepts to the study of appellate decision making.  View Full Post
Here is a preview of the November 2017 issue of the Miss. Jury Verdict Reporter: $218,000 verdict- Oxford federal court denial of faculty tenure case covered here (10/27/17); $55,000 verdict- Lowndes County underinsured motorist case (9/1/17); $8,090 verdict- Lamar County County Court underinsured motorist case (11/10/17); $3,437 verdict- Madison County County Court car wreck case (10/30/17); defense verdict- Hinds County medical malpractice case, retrial of this screw-up for the ages (10/6/17); defense bench trial verdict- Hinds County (Judge Green) medical malpractice trial covered here (8/18/17); and defense summary judgment- Oxford federal court negligent bus safety case with pro se plaintiff (10/17/17). View Full Post
In the wake of recent stories in the Washington Post where women have accused Republican Senate candidate Roy Moore of inappropriate sexual contact with them when they were teens and when Mr. Moore was in his 30s, there has been much discussion of the legal concepts of “innocent until proven guilty” and “proof beyond a reaonsable doubt.” A popular refrain from the right is that it is unfair for Mr. View Full Post