We’ve all been there. An ember of a memory of the perfect case or statute we read a few days ago faintly glows. It’s the tantalizing last vestige of a source whose value we failed to initially recognize.

Cases and other resources we too hastily reject may not be lost forever. We can find traces of them through an analysis of our research history on our commercial research databases, or by wading through our recent internet browsing history. We might even have names at the tip of our tongue: Hammer v. SafewayAnnoyer v. Peff? But mining

Continue Reading Blazing Your Research Trail

The editors of the Ohio State Journal on Dispute Resolution, in coordination with their partners at the Divided Community Project, SLS and HNMCP asked me to share the following Announcement regarding the Journal’s 2022 Symposium Series on Collaborative Race Equity Initiatives.

The Ohio State Journal on Dispute Resolution, in partnership with The Ohio State University’s Divided Community Project, the Harvard Negotiation and Mediation Clinical Program, and Stanford Law School’s Gould Center for Conflict Resolution, is pleased to invite you to join an interactive symposium series focused on collaborative race equity initiatives:

– Gould will host an

Continue Reading OSU JDR Symposium Series on Collaborative Race Equity Initiatives

Unpopular opinion–Lawyers should not use (cleaned up) citations in their briefs.

Two years ago Charles Oldfield blogged on this very blog about (cleaned up) citations. As Charlie explained it, in legal writing we often “alter or omit inconsequential parts of the quotation to make the quotation more readable.”  All of those alterations and omissions can make a quote difficult to read between the ellipses, the [sic], and the brackets.  The solution, as proposed by Jack Metzler of @SCOTUSPlaces, is to omit these changes and use a parenthetical (cleaned up) to signal to our readers that we have not indicated those
Continue Reading (Clean[] up) your house, your life … not your citations

We live in a world of entrenched people and positions. Right now you may be thinking of politics and similar high level issues, but I am not. I’m considering this on a day-to-day level in relation to your work and personal lives in how you deal with people on any topic. For me it’s about my clients and who I have to dal with on their behalf.

I certainly deal with entrenched people and positions professionally dealing with opposing parties and attorneys who have positions directly conflicting with my client’s positions. I dread conversations where an opposing attorney is going
Continue Reading Listen fully and then question respectfully

As Arizona personal injury attorneys, we have long heard the phrases “ambulance chaser” and “frivolous lawsuits.” These terms often lead to an accident victim’s reluctance in hiring a personal injury attorney.  Understandably, these stereotypes and myths often stem from annoying advertisements such as flashy billboards or corny commercials. However, the misleading negative connotations associated with personal injury attorneys and victims are driven by insurance companies who exaggerate and misrepresent the truth to avoid fully compensating accident victims.

At Torgenson Law, we always recommend that accident victims should contact an attorney if they are pursuing a personal injury claim.

Continue Reading Beware! Signs an Insurance Company is Trying to Take Advantage of You

In this episode of the Law Firm Marketing Decoded Podcast, we explain Google’s latest search updates, how these updates could affect your law firm’s website, and how to succeed with Google and your potential clients at the same time. 

The post What Every Attorney Should Know About Succeeding with Google appeared first on LawLytics.

Continue Reading What Every Attorney Should Know About Succeeding with Google

In 2020, small businesses helped create 1.6 million new jobs. Small businesses use loans to stock their shelves, invest in new equipment, and hire new employees. As a small business, the right loan can help you expand your business, and in doing so, your profits. However, before shopping around for a small business loan, it’s […]

Continue Reading 4 Types of Small Business Loans that May Work for You

I learned a lot about William Randolph Hearst by watching the PBS American Experience documentary about him.  He is best known as a purveyor of “yellow journalism,” promoter of the Spanish-American War, and the target of the Orson Welles film, Citizen Kane.  The documentary shows that he has had a huge and continuing impact on our society, laying the groundwork for trivialization of the news – really fake news, and concentration of dangerous power in the hands of a small number of media leaders.  You can see similarities with Rupert Murdoch and Donald Trump.

Here’s PBS’s description of the

Continue Reading What I’m Reading – PBS Documentary on William Randolph Hearst

Recreational marijuana is now legal in the State of Arizona, after the passing of Proposition 207 in November 2020. This was a history-making law for Arizona that decriminalized the use of cannabis – with certain restrictions – for people 21 and over. Prop 207 also changed things for anyone with pending marijuana possession charges, as well as Arizonians with prior criminal convictions related to marijuana crimes. It may be possible to have your marijuana conviction expunged in Arizona under the new law.

What Is Prop 207?

Proposition 207, also known as Arizona’s Smart and Safe Act, made Arizona the

Continue Reading Prop 207: Expunging Marijuana Convictions in Arizona

Apparently the blog host updated its interface, so that my usual computers (a pair of older Macs) wouldn’t interface with it. I finally got a Windows laptop and can post from that. I’m just now starting to the learn the new OS and browser and hardware, so it may be slow for a bit.
It appears all the older posts have been moved to the archives, and can be found by clicking on that link.

Continue Reading Back in action

Hey there! Yes, you. Lawyer? Client? (Both?) Doesn’t matter, for if you fall into either category, my words about files and storage matter.

When I started practicing law, 40 years ago this Friday, we had carbon paper, with Olivetti 351s on the near horizon. (A screen about three-eighths of an inch high and maybe three inches long, affording a typist a brief opportunity to correct a typo before the print hit the page.) And, everything that mattered got saved in a manila folder.

The firm with which I practiced from 1983 until 1999 had off-site storage, along with an interior
Continue Reading File storage, the garage purge, and the lawyer

Many of us have used the teaching tool of having our students write their own recipes for negotiation success.  (link to original article here and to earlier blog post here) I so enjoyed these last week for my students that I wanted to share (and encourage everyone to do this–students really enjoyed and I think it would work at the end of the negotiation or mediation unit as a self-reflection exercise)

Here’s my top five of the semester:

Dessert Anyone? By Lindita Hajdari

Like any recipe, a negotiation should be simple on the ingredients, but exceptionally complicated and frustrating

Continue Reading Negotiation Recipes for Your Students

Later this week, I’ll be part of a webinar on malpractice in the mediation & settlement arenas. This is part of the willworkforfood.news project, (introduced to me by Jeff Kichaven) in which webinar participants are charged no fee, but are invited to make contributions to a local food bank. (My contributions go to: foodforlanecounty.org.)

October 14 at 8am (Oregon time), 11am (Eastern).

I’d love to see ADR colleagues online for what I hope will be a lively discussion!


Continue Reading Webinar Oct 14 (“Settle and Sue: Managing Malpractice Risks for Mediators and Lawyers”)