Whatever the outcome or your opinion, California’s Prop 8 case is the kind of case that creates history. And while its subject matter has divided some, it has united the most unlikely of couples: Ted Olson and David Boies, the lawyers for the two same-sex couples in the case.
According to legal writing coach and teacher, Ross Guberman (who actually happens to be teaching legal writing in our classroom Thursday), this alliance also generated some unusually skilled writing, which he highlights in “5 Ways to Write Like Ted Olson and David Boies”:
1. Don’t Be Fooled
“Don’t be fooled,” warn Olson and Boies. The question is not whether the Prop. 8 supporters can claim any harm at all if Prop. 8 is enjoined—it’s whether that harm is as compelling or irreparable as the harm to the petitioners if Prop. 8 stays on the books.
2. Parallel Lives
First, use parallel constructions to streamline lists… Second, use parallel constructions to draw contrasts through the rhetorical device known as “antithesis.”
3. That Reminds Me
Another distinguishing trait of top advocates is their generous use of examples. Follow their lead when you want to crystallize an abstract idea that would otherwise fall flat.
4. Mince Their Words
Judges say that we lawyers quote too much and too often, and yet sometimes the exact words are just too good to pass up. For a concise and persuasive compromise, quote snippets from your authorities, but merge those snippets into a passage about your own dispute…
5. Parting Thought
If you’re a traditional brief writer, your conclusions are probably one sentence and start with a phrase like “For the foregoing reasons.” If so, be sure that your argument section ends with a bang, not a whimper.
Read the article in full here.
Early this Saturday morning, while most of us are still padding about the old homestead gripping a cup of joe and pondering the weighty matter of Inception versus Salt, Denver attorneys and CBA CLE volunteers Stephen Gurr and Troy Rackham will join nearly 2,000 other Colorado cyclists as they attempt to dominate the Continental Divide in the 21st Courage Classic, a three-day, 157-mile cycling fundraiser benefiting The Children’s Hospital. Stephen and Troy are part of Wheels of Justice, a 155-lawyer cycling team that’s raised nearly $170,000 in donations for Children’s in this year’s Courage Classic.
Stephen Gurr
Stephen is a partner at Kamlet Reichert in downtown Denver, where he chairs its litigation group and centers his practice on complex commercial litigation. Troy is a partner at the south Denver firm of McConnell Fleischner Houghtaling & Craigmile, and focuses his practice on complex employment and legal and medical malpractice litigation. In their “spare time,” both men research and update the chapters that they write every year for our Lawyer’s Professional Liability in Colorado handbook. Steve also writes for our Practitioner’s Guide to Colorado Business Organizations and Troy for our Annual Survey of Colorado Law. We’re not sure how they manage to do it all — but we’re awfully grateful that they do.
Troy Rackham
We spoke with both riders on Wednesday about what compels them to ride and how they roll with the punches during this grueling hilltop venture. Here’s what they had to say.
What prompted you to ride in your first Courage Classic three years ago?
Troy: I saw the Wheels of Justice advertisements and thought, “That would be fun.” So I signed up. The first year, my family and I camped up there. It rained really hard the first night in Leadville and was very cold (in the high 30s). My family has not let me camp since then.
Additionally, I have four kids, some of whom have been treated by Children’s physicians, so I think the cause in supporting Children’s Hospital is fantastic. Once I did [the Courage Classic] the first year, I was hooked.
Stephen: I first rode in the Courage Classic five years ago to ride with and support my friends, neighbors, and colleagues who have participated for many years. It has become an annual event, and we get together each night during the ride for big meals with our families. It is also a wonderful way to support Children’s Hospital, which has been a part of my life since I was a patient in the early 1970s. We are very fortunate to have that facility in our city, and when children have health problems, it is comforting to know they receive the best care in the nation. Over the last several years, I have been at Children’s while my niece and godchildren have received top-flight care for heart surgery, back surgery, and leukemia, and the hospital is simply amazing. [click to continue…]
The following information was derived from the presentation I attended that was taught by David Bilinsky and Matt Kesner at the 2010 ABA TechShow in Chicago, Illinois.
Cloud computing remains a relatively new tool in the ever-growing technological marketplace. The idea is reshaping the way many businesses organize their offices andpresents potential cloud clients with various pros and cons, as with any new technological innovation. Cloud computing presents many benefits (and drawbacks) for legal practitioners in terms of efficiently providing client services, but few lawyers yet fully understand the purposes it can serve or even what it is.
Cloud computing involves technology services that are hosted by third parties and are accessible at any time online. At the most basic level, one such example includes the online e-mail services provided by Google or Yahoo – all communications are stored by a third-party and can be accessed anywhere with a connection to the Internet. Innovations in cloud computing have led to more advanced technologies, such as web-based practice management programs like Clio and Rocket Matter. Both of these programs attempt to streamline the way a firm conducts business, providing web-based collaboration, project/case management and scheduling/time tracking functions, document management and sharing, as well as wikis and blogs for the internal use of the firm. All of a practice’s substantive business is available anywhere to authorized users by simply having access to the Internet, even on the road via secure iPhone/smartphone interfaces.
Presently, most businesses utilizing cloud computing strategies have a combination of third-party-hosted technologies along with traditional, privately-hosted technologies that remain in their office. This model seemingly presents the most advantages at the present time for reasons discussed below.
Benefits of Cloud Computing:
Cloud vendors generally guarantee much of the following benefits to their clients:
- Better service than their current in-house capabilities
- Lower overall costs spent on IT
- Greater aptitude of IT trouble-shooting when faced with client issues
- Extremely high uptime (most vendors promise 99% uptime)
- Increased efficiency
Bilinsky and Kesner suggest that many of these supposed benefits are not always compelling, but the one true advantage to cloud computing presently is a more predictable cost for IT. Subscription packages to cloud services are foreseeable whereas many IT issues of privately-hosted servers and technology can be unpredictable and present greater upfront and maintenance costs.
Drawbacks to Cloud Computing:
- Inherent risks of outsourcing, with initial expectations not being met long-term
- The increasingly interconnected IT world does not always extend to Clouds, with many services not allowing for easy data sharing comparable to traditional IT systems
- Additional security risks; information may be handled by sub-vendors.
- Data location; duties of privacy and security are dependent on where data is located, and if held on servers outside the United States, foreign law may potentially govern and limit the export and use of such data. Such expansive networks mitigate outages, but present the risk of “foreign jurisdictions applying to your business”
- Long-term viability; if vendors discontinue service, access to stored data may be compromised. This is why most who use a cloud computing service now also have local, in-house backups of all information
- Lack of in-house IT personnel
Ultimately, cloud computing presents a host of advantages to legal practitioners in providing a modern and efficient way of counseling their clients. However, these benefits are tempered by new concerns that should be considered and addressed by those looking to transfer to the cloud.
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