Columns

Legal Ease

A Wintry Mix

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It was snowing. I stared out the window. It was coming down mightily, with accompanying wind gusts. I checked the temperature.

One Hand Clapping

Disarming The Arguments Of Gun Advocates

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A good friend of mine can't needle me enough about my outspoken support of gun control. He's a criminal defense lawyer, so he likes to stand tall for the defense of the rights of ordinary people. The very idea that someone could take his guns enrages him. He marshals all sorts of arguments in support of the right to bear arms. All are foolish.

Ethics Matters

Clouds In My Coffee, Vol. 1

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I have previously written and spoken about the risks to lawyers of moving some or all of their practice to the cloud. As a result, I have been both invited to speak a lot (including at the National Center for State Courts) and been pilloried by some attorneys who claim that I am Chicken Little, squawking that the sky is falling but offering no solutions.

Alternative Dispute Resolution

Forward Progress And Other Lessons From Football

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All too often, substantial progress is made during the early or mid-portion of the mediation, only to be pushed back many yards. Then, parties sometimes revert to extreme positions which they had previously abandoned.

Ethics Matters

There Out To Be A Law — Or Maybe Not

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As part of my voluntary duties at the Connecticut Bar Association, I (and others) review bills filed in the state House and Senate every day to see how they might affect the legal profession.

Legal Ease

Indignity, Thy Name Is Wechler

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Recently, I attended the deposition of an expert witness. I was the shortstop; someone else was pitching that day. Among the topics explored in depth was a little exercise to test auditory working memory. It was called the Wechsler Immediate Memory Test.

One Hand Clapping

'Screwy' Talking Heads And The NRA's Bluster

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One of the down-sides of practicing law is having little time to do such things as watch television. Without a steady diet of the flickering screen, a certain sense of cultural illiteracy grows. So when I found myself in a hotel the other day, I turned on the tube. Wow.

What Would Lincoln Say?

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Like many others, I recently saw the movie Lincoln and was fascinated by every aspect of the film, including Steven Spielberg's skillful directing and Daniel Day Lewis' poignant acting. Box office numbers indicate that the film is a big hit and 12 Oscar nominations clearly confirm that.

One Hand Clapping

New Challenges And Old Friends

I went ahead and got myself admitted to practice law in the Southern and Eastern Districts of New York. I was looking for new challenges. My primary interest is in criminal cases, and I've got a doozy -- more defendants that you can easily shake a stick at, all charged with defrauding insurance companies. A parallel piece of litigation is a civil action arising out of claims related to the criminal case.

Legally Conservative

The Politics Of Standing

The constitutionality of the Defense of Marriage Act, and a related question - whether gay marriage is a federal constitutional right - are finally heading to conclusions in the U.S. Supreme Court. As I have indicated before in this column, I really don't give a hoot about same-sex marriage. I think it a bizarre concept, but I haven't a horse in that race.