Charles Evans Whittaker Federal Courthouse, KCMO. Voidxor, via Wikimedia Commons.

I took Civ Pro from a giant.

When I say giant, I mean in the figurative sense, because he’s only 5’7″ or so, but this diminutive fellow remains among the most talented and effective teachers I’ve ever had.  He inspired me to wear bow ties, and illustrated the myriad types of joinder with a shopping bag full of beanie babies (I’m not joking).*  I grasped counterclaims and cross claims and third party claims pretty quickly– about the only things I grasped quickly as a 1L– because of an effective teaching tool.Continue Reading Notice pleading, y’all.

1854 Grimms’ German Dictionary, via Wikimedia Commons

Here we go again.  I’ve written before in this space that, yes, counsel, you do have to translate that thing.

But resistance keeps coming up in the legal community:  “oh, come on, the defendant lived in Chicago* for twelve years– the guy speaks English!”

Perhaps, but he lives in Germany now, and you’re serving him there.  Germany requires translation into German, without regard to the defendant’s competence in English.

(Yet they continue to push.)Continue Reading Translation: it’s not about the defendant!

“Since brevity is the soul of wit / And tediousness the limbs and outward flourishes, I will be brief…”
Polonius, Hamlet, Act. 2, Sc. 2.  “Each allegation must be simple, concise, and direct. No technical form is required.”  FRCP 8(d)(1).

In a valiant quest to be a paperless lawyer, I

Wright FlyerFor the entire life of my firm, I’ve had a recurring theme in just about every blog I’ve posted:  yes, counsel, you do have to translate that thing.  Translation is almost always unavoidable if you want a realistic chance of collecting a judgment.  But last summer, I offered some tips to limit the cost