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Adding the Appellate Guy

Robert Mueller recently made a serious move. He brought in an appellate guy. Michael Dreeben has argued 100 cases in the United States Supreme Court and has been with the Solicitor General’s office since 1988. The move indicated, even to the people at Fox News, that things are about to get serious. This investigation now…
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Older Lawyers Have an Edge in the Age of the Smartphone

Chad Burton has given up his laptop and his iPad and now works exclusively from his iPhone. He manages software and consulting firm for lawyers with it. On a recent podcast, two lawyers discussed whether they could travel with just a phone and still get their work done. The debate for them came down to…
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Is This the Hill You Want to Die Defending?

There has been much ado about a controversy at Duke Divinity School. I will leave aside, for purposes of this blog the elements of race, gender and politics. Those articles and blog posts are being written. For a few paragraphs here, I want to discuss this controversy as an opportunity for a practice pointer when…
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The Lawyer Award Industrial Complex

Awards are catnip for lawyers. We like praise. And unless you’re a prosecutor or civil defense attorney, you do not often get it from judges or appellate courts. And, even when you win the case, you can be hard pressed to receive it from clients. And yet we lawyers hold ourselves in very high regard.…
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Artificial Intelligence is a Net Positive for Lawyers

A recent New York Times article explores whether artificial intelligence is replacing lawyers or whether it will in the future. The basic conclusion is that humans are necessary for legal work for the time being. As an attorney who does litigation, with an emphasis on appeals, habeas, sentencing, motions practice, and some limited trial work, I…
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Skillful Speech and the Law

I recently heard a new term. It is a term of art from a certain religious discipline. That term is “skillful speech.” The person who said it was Joseph Goldstein. He was a guest on on a podcast. He explained that speech often serves no useful purpose other than to announce your presence to another…
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Friday Review: A Place I Haven’t Been in a While

On my way home from the office yesterday, I darkened the doors of a place I haven’t been in a while: the public library. When I was throwing some things out recently, I stumbled upon my old library card. The card sat in my car for a while. And today I used it. Anticipating upcoming…
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New 11th Circuit Interpretation of a Portion of the Sentencing Guidelines

One of the hats I wear is that of the Federal opinions editor for a caselaw update that the Georgia Association of Criminal Defense Lawyers publishes monthly. It has been a slow month for Eleventh Circuit Opinions. But there is one that I will be writing up. And this blog post will pull double duty…
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How I Handle Email (Right Now)

If I allowed it to happen, I would do nothing but read and write emails all day. I have had days where this has happened. And I have had vacations days or family events where I spent all of my time reading and writing email. And, while I have improved at it, I am pretty…
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Criminal Sentencing and the Problem of Free Will

Criminal calendars may be handled slightly differently in every jurisdiction. But they have one thing in common. At some point in every case, the lawyers will argue about why a person did that he did. And a judge or jury will evaluate this question and make a decision about what to do in light of…