prepared for stafne trumbull, llc attorneys at law by shawn timothy newman, inc. of counsel attorney...

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PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE WRITING TIPS

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Page 1: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

PREPARED FOR STAFNE TRUMBULL, llcAttorneys at law by

Shawn timothy newman, inc.Of counsel

attorney and adjunct professor

LEGAL RESEARCH & PERSUASIVE

WRITING TIPS

Page 2: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

COMPUTERIZED LEGAL RESEARCH NECESSITY

Attorney Chiu offers no insight into her research methods, but implies the newness of the decision may have affected her ability to discover it. However, in this age of computerized legal research, a recent decision is usually more quick to turn up than an old one. We see no way to conclude that self-admitted inadequate research methods can equate to justifiable mistake or neglect where there exists a case exactly on point, involving the same statutes, time limitations and even the same type of arbitration. Failure to determine the correct law is not considered an excusable mistake where the error was the result of general ignorance of the law, lack of knowledge of the rules, negligence in discovery or research, or laxness and indifference. …. The Supreme Court has made clear that excusable neglect does not include errors that could otherwise be termed malpractice. Jacklin v. Metropolitan Property and Cas. Ins. Co. Not Reported in Cal.Rptr.3d, 2006 WL 181367

Page 3: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

EvolutionOLD SCHOOL TODAY & FUTURE

Page 4: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

RESOURCESfree Fee based

Page 5: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

LEGAL RESEARCH BATTLE PLAN

Page 6: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

WASHINGTON STATE BASIC FREE RESOURCES

Washington State Law Library: http://www.courts.wa.gov/library/   

Access Washington:       www.access.wa.gov       

Municipal Research Service:   http://www.mrsc.org/

TCBA Resources:http://thurstoncountybar.com/resources/

Courts:       www.courts.wa.gov  

Legislation:  http://www.leg.wa.gov/pages/home.aspx

TVW Scout: http://scout.tvw.org/account/signin

Page 7: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

SOME FREE GENERAL RESEARCH

SPRINGBOARDS

Google Scholar http://scholar.google.com/

 Findlaw  http://public.findlaw.com

 Justia http://www.justia.com/  

UW Law School Research Guides http

://lib.law.washington.edu/ref/guides.html  

 Georgetown Law Library Research Guides:

http://www.law.georgetown.edu/library/research/guides/index.cfm  

Cornell Law School http://www.law.cornell.edu/index.html  

  

The Public Library of Law 

http://www.plol.org/Pages/Search.aspx

Dogpile      www.dogpile.com           

Page 8: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

SOME SELF-HELP RESOURCES

NWJP www.WashingtonLawHelp.org LawforWA http://www.lawforwa.org/

Nolo  http://www.nolo.com/  Hieros Gamos www.hg.org

WashLaw www.washlaw.edu

Internet Legal Research Group www.ilrg.com

Page 10: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

FEDERALBASIC FREE RESOURCES

CONGRESS.GOVhttp://beta.congress.gov/  

FEDERAL DIGITAL SYSTEMhttp://www.gpo.gov/fdsys/

PACERhttp://www.pacer.gov/

RECAP the Law https://www.recapthelaw.org/

Page 11: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

MAIN FEE-BASED LEGAL RESEARCH RESOURCES

WESTLAWwww.westlaw.net

LEXISNEXISwww.lexisnexis.com

LOISLAW www.loislaw.com

VersusLaw www.versuslaw.com

NationalLawLibrary www.itislaw.com TheLaw.net www.thelaw.net

HeinOnline home.heinonline.org

Page 12: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

WESTLAWFREE on-line TRAINING at

http://training.westlaw.com/

Page 13: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

LEXISNEXISon-line free training AT

http://www.lexisnexis.com/university/Catalogue.aspx?product=lexis.com

Page 14: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

LOISLAW“Thanks to the faltering economy, we

are now required to use Loislaw

instead of Lexis or Westlaw for certain

things. Unlike its more expensive

counterparts, Loislaw has one "low,

all-inclusive flat rate, with no hidden

charges for printing, copying,

downloading, or hyperlinking to

primary law or analytic materials

outside the scope of a current

subscription.“

….As an attorney having practiced for

over 15 years, I can attest to the fact

that Loislaw is much easier to use

than either Westlaw or Lexis, contains

equally broad database content from

which to choose and is much CHEAPER than both. Law schools

should provide an alternative to the

big 2 online research platforms.

http://pacelawlibrary.blogspot.com/2009/02/loislaw-vs-westlaw-vs-lexis.html

Page 15: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

Loislaw vs. Westlaw vs. Lexis

The subscription packages vary from firm to firm. The one thing that doesn't vary are the multiple hidden costs within both of these databases.

http://pacelawlibrary.blogspot.com/2009/02/loislaw-vs-westlaw-vs-lexis.html

Page 16: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

LEGAL WRITING TIPS

STATE FEDERALWashington State Court of Appeals, Div. I:  “Brief Writing – Best Practices” http://www.courts.wa.gov/appellate_trial_courts/?fa=atc.display_divs&folderID=div1&fileID=briefWriting

“Top ten legal writing hints when the audience is a cranky federal trial judge” Ohttp://herculesandtheu

mpire.com/2013/06/20/top-ten-legal-writing-hints-when-the-audience-is-a-cranky-federal-trial-judge/

Page 17: PREPARED FOR STAFNE TRUMBULL, llc Attorneys at law by Shawn timothy newman, inc. Of counsel attorney and adjunct professor LEGAL RESEARCH & PERSUASIVE

EthicsCOMPETENCE, DILIGENCE & FEES

RPC 1.1; 1.3 AND 1.5