Freethought & Rationalism Archive

ninewands · 04-21-2005, 03:32 PM

Quote:

Originally Posted by chapka

Really? Like, with the Shepard's volumes? That's so incredibly inefficient it's practically (if not actually!) malpractice. Honestly, it'd be like me billing the client for reading a treatise cover to cover because I had an index-and-table-of-contents phobia.

But I know what you mean; there are lawyers in my firm who have their secretaries (or junior associates) print out their email for them to read.

I agree one hundred percent with this, manual Shepardizing violates the standard of care for malpractice! This is SO critical that when I was practicing, I would not only use the Shepard's database, but I would also READ any cases I found that looked like they might be negative authority to make SURE they didn't affect the point of law I was citing the case for. When I was clerking for a shareholder in a large bankruptcy group I saved his ass more than once by doing that and it seemed like a good habit to keep.

The lawyer I clerked for would read his own e-mail, but then he would either print it and handwrite his response for the secretary to type, or DICTATE it and send it to Word Processing ... I don't know WHY he was so adverse to using his own keyboard ... one day he was AMAZED when he was dictating some changes to a pleading in my office and I was typing them as fast as he could dictate.

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