“[M]y retaliation will be your undoing.” Gail McHugh, Collide (2013) Retaliation is the single largest and fastest growing type of employment-related claim. Statistics from the ...
Read More »Quandaries and Quagmires: Violence, coercion and discipline
A fifth-degree assault conviction for punching out opposing counsel will get you a public reprimand. But punch someone on the basketball court, and get the ...
Read More »Briefly: To moot or not to moot: What was the question?
I do a lot of moot courts. I do them in cases I am arguing, and I do them in cases that other lawyers are ...
Read More »Solo Contendere: What did you say about distraction?
These have not been the days for working outside. Or for being outside. Or really, for being in Minnesota. The sunshine that looks so pretty ...
Read More »Perspectives: Appellate actions affirm assaults
Assaults are frequently criminally prosecuted usually resulting in convictions by plea or verdict, and those dispositions are affirmed when appealed.
Read More »Legal Writing Notebook endorses that, not which
When we insert a clause into a sentence, we can link it to the sentence with which or that. Which to choose? That’s the controversy. ...
Read More »Quandaries and Quagmires: Inculcating legal ethics in the law firm
In-cul-cate: to instill (an attitude, idea or habit) by persistent instruction. Inculcate is a verb — an active verb — it’s something you do. And ...
Read More »Perspectives: Hearsay not heresy in half dozen new cases
“It is the customary fate of new truths to begin as heresies …” Thomas Huxley, The Coming of Age of The Origin of Species (1880) ...
Read More »Solo contendere: Silly talk, keep talking silly talk
I remember my first day as a clerk at the U.S. Attorney’s Office. I had started a few weeks after my fellow clerks, and on ...
Read More »Briefly: I get by with a little help from my friends
By Eric Magnuson and Luke Hasskamp By its very nature, litigation can be a lonely and adversarial undertaking. You’re either fighting with the other side, or ...
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