California Appeal

Did You Resolve To "Get Organized"?

Have you been keeping up with your organizational goals for the New Year?  Many attorneys vow to "Get Organized."  However, what many people forget is that "Getting Organized" is not is not a goal but a continual process.  Here are ten tips to help you along the path towards perpetual organization.

1. Purge your files
Look around your workspace.  Do you see piles of paper?  Those piles are slowing you down!!!  Even the piles of paper "neatly" handing in file folders clog your productivity.  Set aside 15 minutes every week to go though your paper files/folders (even the digital files), elminate the surplus, consolidate sticky notes and paper scraps on your master todo list (see below), and recycle the paper that you no longer need.

2. Create A Master Action List
Sticky notes, paper scraps, business cards, phone memos.....get rid of it!  Whether you use paper or a computerized action list, create a master "action" list to record all of the phone calls, and projects that you need to work on.  A master action list will eliminate the clutter from your desk and your mind.

3. Clean Out Your Inbox
Don't let your inbox become a glorified "paper holder".  Each day, go through your inbox, complete the items that can be done quickly, recycle the items not needing your attention, and schedule the items on your master list that need to be addressed at a later time.  The important thing is to make a decision on each item and then file the document away.

4. Read Your E-Mail One Time - And Only One Time
Treat your E-mail in-box just like your paper in-box.  Read it & act on it.  Action means either deleting it or assigning the E-mail to your action list.

5. Don't Over-Schedule
Type-A personality types tend to overestimate how much they can get done in a given day.  When you schedule your tasks/appointments for the day, be careful to be realistic on how long it will take you to perform each task and the time necessary to transition between tasks.  Use your calendar to schedule like items together to maximize efficiency and to block out periods of uninturrupted time for tasks requiring indepth thought.

The time to organize starts today.  Purge, recycle, make lists and plan.  But remember -- the true goal is not to "get organized" but is to live your life in an organized manner.  Use today to start running your life rather than letting your life run you.

Rules for Writers

I was recently referred to the works of a great writer and columnsit, William Safire.  He is opinions on writing style are quoted on websites across a range of genra.  He is well known for his list of "rules for writers".  Here are a few of his rules as posted by the Network of Women in Media

1. Remember to never split an infinitive.
2. The passive voice should never be used.
3. Do not put statements in the negative form.
4. Proofread carefully to see if you words out.
5. If you reread your work, you can find on rereading a great deal of
6. repetition can be avoided by rereading and editing.
7. A writer must not shift your point of view.
8. And don't start a sentence with a conjunction.
9. Don't overuse exclamation marks!!
10. Place pronouns as close as possible, especially in long sentences, as of 10 or more words, to their antecedents.
11. Writing carefully, dangling participles must be avoided.
12. If any word is improper at the end of a sentence, a linking verb is.
13. Take the bull by the hand and avoid mixing metaphors.
14. Avoid trendy locutions that sound flaky.
15. Everyone should be careful to use a singular pronoun with singular nouns in their writing.
16. Always pick on the correct idiom.
17. The adverb always follows the verb.
18. Last but not least, avoid cliches like the plague; seek viable
19. alternatives.
20. Never use a preposition to end a sentence with.
21. Avoid anoying alliteration.
22. Don't verb nouns.
23. Don't use no double negatives.
24. Make each pronoun agree with their antecedent.
25. When dangling, watch your participles.
26. Don't use commas, which aren't necessary.
27. Verbs has to agree with their subjects.
28. About those sentence fragments.
29. Try to not ever split infinitives.
30. Its important to use apostrophe's correctly.
31. Always read what you have written to see if you've any words out.
32. Correct spelling is essential.
33. Proofread you writing.
34. Between you and I, case is important.
35. Verbs has to agree with their antecedents.

Put Procrastination In Its Place

Frequently, I hear from appellate practitioners how they get bit by the procrastination bug when several projects are looming on the horizon.  When you are feeling overwhelmed by projects or lacking focus, here are some tips to get you on task:

1. Set aside the first 10 minutes of your day to to set up a schedule for the day, complete any personal tasks, and get a cup of coffee.
2. When creating your daily schedule, allocate time segments for each project on your list. 
3. Schedule your time segments for optimal focus.  Each time segment should be no longer than 90 minutes.  If you have a big project to complete, break the project into small parts that will each last, no more than 90 minutes.
4. Have a list of five minute mini-tasks. Use these to break up larger projects. Complete these when you find yourself with a few minutes to spare.
5. Put your daily schedule in a prominent spot on your desk so you can easily "check in" throughout the day. Take regular breaks.  Breaks re-charge your mind and concentration

At the end of a productive day, give yourself a head start on tomorrow by following these three tips: 

1. Clean off your desk so an orderly desk will greet you the next morning.
2. Review Tomorrow’s Agenda before leaving the office
3. Organize the next day’s tasks on your desk in order of priority.

Now, get to work!

Save Time - Phone Management

The telephone is a great business tool.  The telephone connects you to your clients, opposing counsel, and the courts.  However, just like any other piece of technology, the telephone must be managed.  Here are some tips on effective ways to manage your telephone.

1. Head Set Use:  Headsets are great for when you will be on the phone for long periods of time and will free up your hands.
2. Batch outgoing calls:  At regular interverals during the day, make all of your return calls and direct calls in one batch.  Make a list and check them off.
3. Make sure needed files at your fingertips when making calls.
4. Make pre-call notes to keep the conversation focused.
5. For difficult to reach people - schedule a time for the phone call.
6. Effective Use of Voice Mail:  Make sure you leave detailed messages and then ask for a detailed response.  With the use of detalied messaging, even if you are never able to actually "connect" with the caller, important information can be conveyed and elimiate the need for continued callbacks.

Resources To Improve Writing Skills

Effective legal writing can make the difference between a good and a great result for our clients. As appellate attorneys, strong legal writing skills are essential to serving the needs of our clients.  Here are some great sites for improving all aspects of your writing:

Grammar & Style

• The Elements of Style, by William Strunk, is a classic.  You can find the whole text of this manual on the Bartleby website.
• The Guide to Grammar and Writing, by Capitol Community College in Hartford, Connecticut offers help with Words and Sentences, Paragraphs, Essays and Research Papers, with quizzes and games to improve your writing style.
• Purdue's Online Writing Lab (OWL) has a complete set of resources on grammar, punctuation, and spelling.

Legal Writing

• Bryan Garner provides some great exercises from his book Legal Writing in Plain English at the University of Chicago Press site.
• Legal Writing Institute, a non-profit organization dedicated to improving legal writing by providing a forum for discussion and scholarship about legal writing, analysis, and research. LWI seems directed more towards legal writing instructors; there are some impressive resources.
• Barger on Legal Writing: Coleen Barger is a professor at the University of Arkansas-Little Rock William H. Bowen School of law, She has links to appellate resources, courses in legal writing, legal research links, and writing resources.
• LegalWriting.net by Wayne Schiess is a great blog dedicated to advancing quality legal writing.  Wayne is the director of legal writing at UT law school.

Sharpen Your Writing Skills

My friend at "The Legal Writer" spotted a great article in the Los Angeles Lawyer - Sharpening Your Legal Writing Skills, by Scott Wood is a short, pointed article.  While the article was written for the newly admitted, the tips are great for vetran legal writers also.  My three favorite tips in his article are:

• If you don’t keep it awfully simple, it will become simply awful.
• Avoid left-handed sentences.
• Constantly consider the reader.

CA Rule Changes

The "Rules" have changed.  The California Judicial Council recently reorganized and renumbered the  California Rules of Court.  Ideally, the changes will make the rules easier to use and understand.  However, the reorganization created a headache for many practitioners who must now amend pleadings, briefs, and motions to reflect the recent changes.  In an effort to make the transition to the new Rules of Court a bit easier the Judicial Council published two easy to use conversion charts to match the old rules to the new rules.    One CHART matches the new rule numbers to the old rule numbers.  The other CHART matches the old rule numbers to the new rule numbers. 

Work-Life Balance

It seems as if lawyers are always searching for a balance between the demands of a law practice and the need to have a healthy life "outside" of work.  Appellate attorneys are no exception to this constant struggle.  I recently discovered a great blog designed to help attorneys obtain that ever-elusive work-life balance.  JDBliss provides articles, tools, and success stories for attorneys looking to obtain a better balance between work and play.  Recently, there was a great article that offered an exercise for gaging your degree of balance.  After the stress of the holidays, I think this exercise is something I need to slow down and take.

The Gift of Writing

Neet a last minute holiday gift?  Look no further - give your appellate practitioner a copy of the book "Writing Tools" by Roy Peter Clark.  (Available here at Amazon.com)   The Boston Golbe counts "Writing Tools" as among their list of books to buy this year. 

Clark stated publicly on his web site that he would be happy to inscribe copies of the book. If you buy the book as a gift, send him an E-mail message at rclark@poynter.org, and he will write a message in return to the recipient.

Calling All Trial Lawyers - Hire Your Appellate Attorney Now

Leane Capps Medford of Rose•Walker, LLP wrote an excellent article for the ABA Council Of Appellate Lawyers monthly E-zine, Appellate Issues on when trial counsel should hire an appellate attorney. 

In her article, Preventive Medicine for Your Case: See Your Appellate Lawyer Long Before Trial, Ms. Capps argues that all too often, trial lawyers bring their cases to appellate lawyers late in the litigation process.  Unfortunately, by then, it may be too late for appellate counsel to "save" the case.  After the litigation process is over, pleadings and positions have been set in stone and legal issues may have been waived.  For those reasons, getting appellate attorneys involved from the beginning of the case can help trial counsel preserve issues, frame better arguments, and help trial counsel better develop the case.  So, how does a trial lawyer effectively use an appellate attorney during the litigation process. In, her article, Ms. Medford suggests the following:

• Use an appellate lawyer to analyze your claims and damages.
• Use an appellate lawyer to identify legal trends that could impact the case.
• Use an appellate lawyer to help focus your discovery efforts.
• Use an appellate lawyer to create better trial motions and briefs.
• Bring an appellate lawyer to critical hearings before trial to build credibility and assist the court.