Legal News and Appellate Tips

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals.

If you would like to receive weekly updates of the articles posted here, click here to sign up for the newsletter.

Tag: Legal Tech

“Gateway Drugs” to Legal Tech, with Ernie Svenson

We attorneys are trained to spot patterns, but many of us are poor at spotting patterns of inefficiency in the way we practice. Ernie “The Attorney” Svenson joins this episode of the California Appellate Law Podcast to explain how lawyers can adopt “systems thinking” to make their practice more effective, efficient, and even more fun.

Ernie shares how he learned about efficiency from his judge during his clerkship who, to shave time off the “Oyez, Oyez, Oyez” ceremony, cut the last “Oyez.” And how his judge delegated the task of explaining to new clerks about the edited “Oyez.” Now THAT is systems thinking!

Too abstract? How about a taste? Here are Ernie’s “gateway drugs” to get you hooked on legal tech:

• SaneBox — Most lawyers use some filtering to reduce email load, but SaneBox has really advanced filters that will find you spending less time in your inbox.

• TextExpander — Everyone sends out routine emails (think: retainer agreements). TextExpander populates an complete email with a macro. (And it will getting your gears turning about other ways to automate your day-to-day.)

• Automated Calendaring (e.g., Acuity, Calendly) — No attorney should be booking their own appointments.

Listen to the episode here: https://lnkd.in/gTDweCDf

Please subscribe to the California Appellate Law Podcast in your favorite podcast player.

Read More
How Legal Tech is Leveling the Legal Playing Field, with Casetext Co-Founder Pablo Arredondo

The Co-Founder of Casetext, Pablo Arredondo, explains how legal technology that is available today will allow solos and small firms to compete against Big Law. Tim and Jeff talk with Pablo about:

• Why Artificial Intelligence—which didn’t work well for a long time—now makes it much, much easier to find the legal authority you’re looking for.

• The searches you are used to making is just “casual Friday in the keyword prison.” But now, you can put real English sentences into Casetext’s Parallel Search and it works.

• Casetext’s A.I. isn’t limited to legal authority: you’ll be able to put your entire case file into a database and search for the evidence that supports the key facts in your case.

• This gives small firms an alternative to deploying armies of staff to find evidence in a voluminous file.

• Using Casetext’s Compose to create a first draft of a brief in a few minutes.

• A.I. might be able to replicate “murder boards” in the future for attorneys preparing for oral argument.

• In fact, the way “neural net” A.I. works is so impressive, Pablo describes it as a “black box,” and sometimes it is hard to describe what it does without using words like “thinking.”

Read More
Ross Guberman on Conversational—Rather Than Tweet-Worthy—Legal Writing

Drawing from his experience training federal judges and top law lawyers how to write more effectively, Ross Guberman shares some of his best writing tips with Jeff Lewis and Tim Kowal on episode 33 of the California Appellate Law Podcast at www.CALPodcast.com.
Ross also gives a tour of his latest product, BriefCatch 3.0 (now available on Mac), a tool that scores legal briefs for engagement, readability, flow, punchiness, and clarity. Not sure how to take your writing from merely proper English to Elena Kagan? BriefCatch provides in-app examples of some of the best passages of Supreme Court justices.

Here are some of the tips Ross covers:

✍️ Why more judges are using pithy, attention-grabbing language—and why you shouldn’t imitate it in your briefs.
✍️ Rising above the fray without resorting to quips.
✍️ Getting the judge’s attention by tapping into three universal fears all judges have.
✍️ Discussing “bad facts” confidently, not defensively.
✍️ Using BriefCatch to improve your briefs.
✍️ Remember the purpose of legal writing is to help judges organize their thoughts—briefs are a tool, but aspire to make them tools that are a pleasure to use.

Read More

Tags

Podcast (101)
Videos (90)
Appealability and Appealable Orders (34)
Legal Writing (26)
Abuse of Discretion (24)
Mischief (22)
Unpublished Opinions (21)
Anti-SLAPP (21)
Splits of Authority (20)
Notices of Appeal (19)
Stays on Appeal (19)
California Supreme Court (19)
Statements of Decision (18)
Waiver and Forfeiture (18)
Record on Appeal (17)
Attorney Fees (16)
Arbitration (16)
Judgment Enforcement (15)
Oral Argument (14)
Dismissals (14)
Sanctions (13)
Dissents (13)
Briefing (12)
Evidentiary Objections (12)
Exclusion of Evidence (12)
Trial Strategy (12)
Preliminary Injunctions (11)
Timeliness (11)
Family Law (11)
Timely and Untimely Appeals (11)
New Trial Motions (11)
Mootness (11)
Collateral Orders (11)
Jurisdiction (11)
Appellate Sanctions (11)
CCP 998 Offers (11)
Civility (10)
Experts (10)
Federal Courts (10)
Motions for Reconsideration (10)
Dismissed Appeals (9)
Writ Petitions (9)
Implied Findings (9)
Posttrial Motions (9)
Summary Judgments and Summary Adjudications (9)
Settlements (8)
Appealability (8)
Trial Procedure (8)
Disqualification (7)
Default Judgments (7)
Ninth Circuit (7)
Probate Appeals (7)
Respondent Arguments (7)
Stipulated Judgments (6)
Admission of Improper Evidence (6)
Appellate Bonds (6)
Ethical Duty of Candor (6)
Substantial Evidence (6)
Appellate Practice (6)
Discovery (6)
Standards of Review (6)
Mediation (6)
Motions to Vacate and Set Aside Judgments (5)
Federal Appeals (5)
Legal Ethics and Professional Responsibility (5)
Depublished Opinions (5)
Summary Judgments (5)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (5)
Trial Irregularities and Structural Errors (5)
Standing (5)
Petitions for Review (5)
Motions to Vacate (4)
Expert Opinions (4)
Trust and Probate (4)
Notices of Entry (4)
Frivolous Motions (4)
Appeals Treated as Writs (4)
Motions in Limine (4)
Excessive Damages (4)
Litigation Tips (4)
Disentitlement Doctrine (4)
Prejudicial Error (3)
Landlord Tenant (3)
Tentative Rulings (3)
Appealable Orders (3)
Frivolous Appeals (3)
Stays (3)
Recovery of Costs (3)
Demurrers (3)
Pretrial Procedure (3)
Appellate Briefing (3)
Summary Judgment (3)
Amicus Briefs (3)
Legal Tech (3)
Personal Jurisdiction (3)
Juror Peremptory Challenges (3)
Motions to Dismiss (3)
Jury Instructions (3)
Jury Waivers (3)
Right to Jury Trial (3)
Judicial Admissions (2)
Contempt (2)
Medical Rights (2)
Pleadings (2)
Judicial Bias (2)
Class Actions (2)
Record Designation (2)
Appeals Dismissed (2)
Premature Appeals (2)
ADA and Unruh Accessibility Actions (2)
Law and Motion (2)
Harmless Error (2)
Podcasts (2)
Pretrial Issues (2)
Stipulated Reversals (2)
PAGA Actions (2)
Alter Ego (2)
Legal Practice (2)
Remote Arguments (2)
Post Reversal Issues (2)
Comments (2)
Finality and Final Orders (2)
Standards of Evidence (2)
Untimeliness (2)
Trial by Reference and Pro Tem Judges (2)
Invited Error (2)
Constitutional Law (2)
Forfeiture and Waiver (2)
Attorney Client Privilege (2)
Waiver (2)
DismissalsAppealability and Appealable Orders (1)
Record (1)
Attorney Fees - CCP 1021.5 (1)
Third Parties and Nonparties (1)
Covid (1)
Settled Statements (1)
Typeface (1)
Attorney Feese (1)
Judicial Estoppel (1)
New Arguments (1)
Writs of Mandamus (CCP 1085) (1)
Clear and Convincing (1)
Family Court (1)
Mistrials (1)
Typography (1)
Attorney Misconduct (1)
Judicial Misconduct (1)
New Trial (1)
Premises Liability (1)
Administrative Law (1)
Clerks Service of File Stamped Judgment (1)
Law of the Case (1)
Out-of-State Litigant (1)
Moot Appeals (1)
Post-Appellate Issues (1)
Split Decisions (1)
U.S. Supreme Court (1)
Bankruptcy (1)
Employment Law (1)
Judicial Notice (1)
Closing Argument (1)
Referral Fees (1)
Trade Restraints (1)
Inconsistent Verdicts (1)
Post Reversal (1)
Benefits Obtained Trespass Damages (1)
Judicial Philosophy (1)
PAGA Attorney Fees (1)
Treble Damages (1)
Designating the Record (1)
Incorrect Decisions (1)
Motions for Judgment on the Pleadings (1)
Unsupported Arguments (1)
Ninth CircuitAbuse of Discretion (1)
Per Se Errors (1)
Trespass (1)
Dicta (1)
Inherent Authority (1)
PostJudgment Litigation (1)
Evidentiary Presumptions (1)
Juror Misconduct (1)
Product Liability (1)
Anecdotes (1)
Common Interest Doctrine (1)
Restraining Orders (1)
Nonsuit (1)
Consenting to Judgments (1)
Forfeiture (1)
Issue Selection on Appeal (1)
Precedent (1)
Waived and Forfeiture (1)
Civil Code 3334 (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Property Rights (1)
Summary Reversal (1)
Local Rules (1)
Petitions for Rehearing (1)
Review as Writ Petition (1)
Motions to Quash (1)
Preclusion (1)
Stare Decisis (1)
Civil Theft (1)
Exhaustion of Remedies (1)
Punitive Damages (1)
Support Awards (1)
Constitutional Litigation (1)
Free Exercise (1)
Landlore Tenant (0)
Appellate (0)
Split of Authority (0)
No categories Legal Writing (0)
Professional Ethics (0)
Petitionf ro Review (0)
Retainer Agreements (0)
Notice of Appeal (0)
crossmenuchevron-down