• Blogging,  Speaking Engagements

    Thank You to VCBA Business Litigation Section

    I presented “Blawgs” 101: Incorporating Legal Blogs into Your Practice to the Business Litigation Section of the Ventura County Bar Association at their monthly luncheon today, and had a great time doing it. I think I managed to pique the curiosity of a few folks, which is what I was trying to accomplish. I’m hoping that curiosity will take them to their computers with the resources list I provided (PDF download) in hand to explore law blogs. To any participants here looking for the PDF of the resource list, the link in this post is the same as the link in the left sidebar that I directed you to. In…

  • Blogging

    Prep for Next Week’s Blawg Review

    It will be my privilege to post Blawg Review #155 here on Monday, April 14. The weekly Blawg Review is a round-up of some of the most attention-getting and interesting law blog posts of the previous week. If you haven’t seen one before, check out this week’s Blawg Review #154 at Healthblawg, and those from the past two weeks, Blawg Review #153 and Blawg Review #152, to get an idea of what’s coming up here. Go to Blawg Review for links to others (scroll down to the “Past Issues” list in the sidebar there). If you visit a couple of Blawg Reviews, you’ll note that most bloggers who host the…

  • Blogging,  Legal Education

    Blogging Professors

    The New York Times recently ran a piece called The Professor as Open Book, about professors (across all disciplines) sharing personal information on their blogs and social networking sites. How much is too much? Hat tip: Legal Writing Prof Blog, where John Marshall Law School professor Mark Wojcik offers some commentary on the subject. It was just last June when University of Colorado law professor Paul Campos wrote in a tongue-in-cheek way about being perhaps the last law professor in America without a blog. You’ll see precious little personal info on this blog. I only got around to adding my picture a week or so ago. And that’s not exactly…

  • Blogging

    Second Appeal for Presentation Input

    NOTE: I am going to keep this post at the top of the blog for a few days, probably until the end of the week. New posts will appear below this one until then, so if you see this post at the top, scroll down to make sure you haven’t missed anything. In early February, I requested input for inclusion in a presentation I am making soon. Thanks to all who commented and who publicized the request on their own blogs. The presentation is now less than two weeks off, so I am making a second request for input by reproducing the post in its entirety in the block quote.…

  • Appellate Blogs,  Blogging

    New Appellate Blog: “Appellate Review”

    An anonymous third-year law student has gotten a head start on his appellate clerkship by starting a new blog in the last few weeks:  Appellate Review.  The writing is good, and if you enjoy this blog and others like Decision of the Day and California Appellate Report, I think you’ll like Appellate Review.  It is now on my blogroll and one of the RSS feeds I will be checking daily. Hat Tip: Appellate Law & Practice

  • Blogging

    A Happy Milestone

    Somehow I managed not to notice for a few days, but early last week my RSS feed subscriptions finally cracked triple digits after hovering around 95 for several months.  In fact, subscriptions spiked to 113 earlier this week but have settled down to 101 today.  (Every couple of days, Feedburner drops my Netvibes subscribers and the subscriber figure drops to the mid 30s, but then goes back to the correct figure after a day or two.) 100 regular readers probably doesn’t seem like a lot, especially to those of you who are fellow bloggers.  But it’s a happy milestone nonetheless. I have a way to go to catch up to…

  • Blogging

    Posting Lull

    I will be out of the office all day tomorrow and am swamped trying to get some work done in advance of the trip.  I’ve set up a couple of very brief, fun, “Friday”- style posts for tomorrow, but I doubt I’ll have time to review any of today’s cases and thus I may not be able to post anything more substantive until this weekend or Monday.

  • Blogging,  Legal Research

    How Do You Use Legal Blogs?

    NOTE: I am going to keep this post at the top of the blog for a few days, probably until the end of the week. New posts will appear below this one until then, so if you see this post at the top, scroll down to make sure you haven’t missed anything. How would you like your name up in lights? Or at least mentioned in a presentation? I can’t promise either, but you have a shot at the latter if you respond to my call for assistance at the end of this post. I am preparing a presentation for a section of the local bar on the use of…

  • Blogging,  Judges

    Superheroes or Superegos?

    Which best describes bloggers? That depends on whether you listen to Chief Judge Kozinski, whose opinion is noted at The Volokh Conspiracy, or to a tongue-in-cheek appraisal in The New York Review of Books, as excerpted at The UCL Practitioner. Can you match the opinions to the commentators before you look?

  • Attorney Fees,  Blogging,  Ethics

    Pro Bono Attorney Fees in the News Again

    National Law Journal has a new article called Pro Bono Case Triggers a Fee Fight on the controversy surrounding the attempt of a Seattle BigLaw firm (Davis Wright Tremaine) seeking to recover its attorney fees under a fee-shifting statute even though it took the case pro bono. The case was the closely watched “Seattle Schools” case decided by SCOTUS last year. (If you want some background from the view of the losing party, the school district’s press release from the day of the decision is available as a PDF download.) In a very detailed post entitled The Pro Bono Road to Riches! last October, I discussed the issue in the…

  • Blogging

    Weekend Downtime on the Blog

    I’ll be upgrading the blog to WordPress version 2.3.3 this weekend. I’ve upgraded several times before, and it usually only requires about a half hour of downtime. But you never know what problems will crop up. So if you try coming here and get a “this site is down for maintenance” message, give it an hour or so, then check back.

  • Blogging,  Law Practice & Marketing

    LawLink Access to The California Blog of Appeal and More

    There’s a new way to access legal blogs and more about your colleagues. And I do mean new. I added The California Blog of Appeal to the blog directory at LawLink over the weekend. This is only the eighth blog to be added, but plenty more are sure to follow. Clicking on any of the blogs in the directory gives you an RSS feed right inside your browser window that shows teasers from the last few (up to 15) blog posts at that blog. Who knows how widely seen it may become? If you have your own law blog, you might as well get it up there now. LawLink appears…

  • Blogging,  Juries,  New Trials

    Jury Foreman’s Blog a Likely Issue on Appeal

    A local trial court has just denied a new trial motion based on juror misconduct, where the misconduct was the jury foreman’s blogging about the gang member’s 19-day murder trial while it was going on, including posting a photo of the murder weapon, commenting on the evidence and witnesses, praising his own performance as jury foreman, and criticizing the work ethic of courtroom staff. From today’s Ventura County Star: After sentencing a gang member to prison for murder, a Ventura County judge ripped into the jury foreman Tuesday, holding the juror in contempt of court for writing a blog that exposed details of the case during the trial. The blog,…

  • Blogging

    Slogging through Blogging

    OK, that’s a litte bit of an overstatement. But Mark Hermann, a partner in my erstwhile employer, Jones Day, has this article in the National Law Journal about lessons learned during his first year of co-blogging at Drug & Device Law blog, and the first of those is that blogging is hard work: First, blogging — or, at a minimum, blogging about substantive legal issues — is hard. Perhaps it’s easy to host a blog that simply pokes fun at current events by commenting on, and linking to, the news of the day. I wouldn’t know; I’ve never done that. Amen and amen! He follows the article up with this…

  • Blogging,  Legal Writing

    Appellate-Related New Year’s Resolutions

    I discovered a few on-line resolutions by some appellate bloggers: At The Opening Brief, taking his own advice that improvement of one’s writing is a career-long endeavor, Sacramento appellate attorney Tom Caso resolves to work actively on his writing during the year. At the (new) legal writer, New Orleans appellate attorney Raymond Ward resolves to keep in perspective such legal writing trivialities as whether to put one or two spaces after a period, where to place citations, and whether to fully justify text. Attention to detail is important, he says, but there’s room to disagree on things like this. I’d like to say that I didn’t come up with any…

  • Blogging,  Internet Law,  Trade Secrets

    Apple v. Bloggers Settlement includes Shutdown of Apple Rumor Blog

    This isn’t really appellate-related, but I figure that at least some of you must be, as I am, a Mac-using lawyer, and will find this of interest. In this post at The UCL Practitioner, Kimberly Kralowec updates some of her earlier reporting on the Apple lawsuit against some bloggers that had leaked internal Apple information. She provides links to a few articles about the settlement, reminds us that “in 2006, the Court of Appeal ruled that the bloggers were ‘journalists’ and that California’s shield law therefore protected their sources,” and links to some of her earlier coverage about the case.

  • Blogging

    Happy New Year, Everyone!

    I hope everyone is off to a good start. After 10 days or so off from blogging, I’m ready to get started again. Did I miss it? Surprisingly, no.  I mean, I’m glad to get started again, but I was so busy while getting ready for “vacation” (that word is in quotes because I worked on two days), that I was just happy to rest. I just checked my stats, and traffic was predictably light from just before Christmas through today.  At least nine people out there must not have had a very good Christmas, since they hit my blog that day. Watch for posting to resume soon. 

  • Blogging

    Merry Christmas and a Christmas Posting Hiatus . . . Maybe

    Not “maybe a merry Christmas.” The “Merry Christmas” part is unqualified. The “maybe” refers to my anticipated posting hiatus while I am visiting family the entire week of Christmas. Not sure if I’ll blog or not. As much as a week’s break from blogging sounds to me like welcome relief right now — I put an awful lot of work into this — I feel like blogging is now “in my blood.” I’m not sure I can stop for a whole week! (Does this mean I fit into Judge Kozinski’s perception of bloggers?) I will have access to a computer and the internet, so the temptation will be there. I’ll…

  • Blogging,  Events

    Thank You to LACBA Appellate Courts Committee

    I had the honor of sharing the stage on Monday with Denise Howell of Bag & Baggage fame (not to mention Lawgarithms and other projects) for a presentation on blogging and other internet media to the Los Angeles County Bar Association Appellate Courts Committee. Denise has more than six years of blogging under her belt. I spoke specifically from the “young blogger perspective.” The committee members were quite receptive and interactive, with great questions that were fun to answer. Thanks to all involved, including Denise, and to Ben Shatz for setting it up. By the way, because I expect a few visits from committee members as a result of my…

  • Blogging

    ABA Journal Blawg 100 Voting

    The ABA Journal’s December 2007 issue announces the “ABA Journal Blawg 100,” which it describes as “the 100 best Web sites by lawyers, for lawyers, as chosen by the editors of the ABA Journal.” The list includes three of the blogs that made my top 10 list in this meme about two months ago: WSJ.com Law Blog, Legal Pad, and Wayne Schiess’s legal-writing blog. California lawyer blogs on the list include Pamela Fasick’s California Civil Litigation Quote of the Week and Denise Howell’s Bag and Baggage. I don’t mind telling you I’m jealous as . . . heck. There may be other California lawyer blogs on the list, but I…

  • Blogging,  Legal Writing

    150 Resources for Legal Writing

    the (new) legal writer links to the Online Education Database’s “collection of 150 resources to help you write better, faster, and more persuasively.”  Terrific.  To help me get through all of those, one of them has to help me read better and faster. But seriously, there’s nothing like regular blogging to hone your speed-writing skills!

  • Blogging,  Confrontation Clause,  Constitutional Law

    Welcome to all Los Angeles Daily Journal Readers — and a Happy Thanksgiving to All

    Welcome to all those visiting this blog for the first time after reading my article in the November 21 Los Angeles Daily Journal! Click and scroll around, check out some of the links in the blogroll, and come back again. Better yet, subscribe to this blog’s RSS feed. My regular readers of more than a few months’ duration have seen my posts about the subject of that article — last August’s en banc decision in U.S. v. Larson, in which the Ninth Circuit resolved a 3-way intra-circuit split on the standard of review for Confrontation Clause challenges based on limits placed on cross-examination — here and here. The article in…

  • Blogging

    Best Law Blog Voting Open Until . . . ?

    The finalists for Best Law Blog have been decided and the polling site to vote for your favorite is here. In a great example of ambiguous writing to avoid in your briefs, the site says only that “Polls close November 8, 2007.” When on November 8 . . . who knows? To be on the safe side, get your vote in by 11:59 p.m. EST on November 7.

  • Blogging

    Playing Catch-Up

    Last week’s workload left even less time for blogging than I thought it would, so I am still playing catch-up on last week’s legal developments.  Look for some catch-up posts this week.

  • Blogging

    Posting May be Difficult Today – Here’s Some Reading

    I’m probably going to be tied up with a client for most of the day and will be unable to post.  But here’s a few things I found that might interest you.  The Appellate Practitioner poses a hypothetical regarding writ review, then provides the answer. The UCL Practitioner links to an article on the state of legal blawgs.  Still healthy.  Getting stronger, in fact. Pamela Fasick is back at California Civil Litigation.  Welcome back from hiatus, Pam. Party of the First Part wonders if he’s found the worst on-line agreement ever.  It’s got to be close, at least. WSJ.com Law Blog makes it sound like things have changed since I…

  • Blogging,  Blogs by Law Profs,  Trademark

    The Evidence Prof Blog Arrives

    The Evidence Prof Blog is a new blog in the Law Professor Blogs Network. I only discovered them last Friday, though the blog has been up since October 2. They recently posted regarding Rhoades v. Avon Products, Inc., case no. 05-56047 (9th Cir. Oct. 15, 2007), which applied Federal Rule of Evidence 408 in a trademark declaratory relief action. Issue: Whether a letter from counsel proposing settlement of a trademark dispute (and containing threats of litigation absent settlement) can be admitted to establish that a plaintiff seeking a declaratory judgment of non-infringement of the sender’s trademark has the requisite “real and reasonable apprehension that it would be subject to liability”…

  • Blogging,  Juries,  Oral Advocacy

    An Interesting Law Blog from an Interesting Source

    I’ve run across an interesting blog:  Winning Trial Advocacy Techniques.  With a title like that, I don’t need to tell you what its about.  But I got really interested in it after I’d read some interesting posts and clicked on the “about” link to see who runs it.  Turns out its an organization called “Trial Theater,” yet another name that gives you an idea of the organization’s perspective.  Worth checking out.

  • Blogging

    “Roundtable Weighs In on Legal Blogs”

    Kimberly Kralowek at The UCL Practitioner posts “Roundtable Weighs In on Legal Blogs,” with excerpts from, and a link to, a piece in the National Law Journal last week reporting on a roundtable discussion called “Blogging, Scholarship and the Bench and Bar.” She excerpts some comments from the Ninth Circuit’s Judge Hawkins regarding law bloggers.

  • Blogging

    A Light Posting Week

    This week is likely to be light on posts, as I will be very busy on a couple of cases.  I am trying to get as many posts up this weekend as I can and set them for publication over the course of the week.  That means nothing especially current after Monday or Tuesday, probably.  Any case law I post about will probably be no newer than Oct. 12.  If I unexpectedly find time to post on something new, I’ll do it.