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April 30, 2019
Lee and Jackson
Re: court decision yesterday that Robert E. Lee and Stonewall Jackson statues preliminarily as war monuments. My family has been in America for 385 years. We have fought in all American wars. We were infantry on both sides in the Civil War 160 years ago based on where our families had lived for generations. These statues are part of our history.
Posted by JD Hull at 08:44 PM | Comments (0)
April 29, 2019
Quit Apologizing.
It’s Free Speech Week. Tell them what you think. Your Words. Your Ideas. Your Way. Get off your knees. Don’t apologize.
Posted by JD Hull at 11:50 AM | Comments (0)
Discovery: Roll up your sleeves, folks. Trials are about People.
Trials are always about people.
Even high-stakes business v. business cases before federal trial courts or arbitrations panels abroad will lead your staff to an American Legion hall, a local official, a fire chief, or a beat reporter for a small newspaper.
Before you schedule a deposition, do some informal investigation. Next time a new case begins, resist rushing into written discovery and depositions. Step back from the discovery routine--you'll get into that bubble soon enough--and learn a few things on your own.
This is not a new idea. Over 20 years ago, James McElhaney, a gifted lawyer, writer and teacher of trial tactics, and the ABA Litigation Section, first published McElhaney's Trial Notebook, now in its fourth edition. Discovery, McElhaney noted, is a good way to learn what a witness will say, or to bind a party or witness to a particular version of the facts. But, he continued, it is also "a very inefficient way to get information."
Let us add to that:
Most of the formal discovery you see is worse than inefficient. It is often unimaginative, cookie-cutter, straight-up lazy, wasteful, client-unfriendly and a hopelessly dumb-ass way to learn much of the background information, and many of the facts, that will frame and flesh out your case. This is especially true of depositions, and (for that matter) any other live sworn testimony. If you really don't have to "wing it", don't.
So, hey, think a bit on your own. Prepare--but do that differently.
Each deposition should suggest a unique set of background questions you can have answered (or partially answered) before you begin. It's just a matter of curiosity and do-it-yourself "trolling" for information you and yours can get first-hand on your own. At a minimum, you'll have a better outline, a better deposition, and an adversary and deponent who knows you show up "ready to play".
Just as witnesses say unexpected and even startling things when they testify, useful and even surprising facts are available about opposing parties and witnesses through the Internet, court files, published cases, local boards and agencies, social clubs with websites, D&B reports, news archives, business libraries and even phone conversations other humans.
No, don't hire an investigator for this right away. You and your staff can handle this with a little verve and common sense, save money, and get steeped in the case.
It's fun. Roll up your sleeves. Un-weenie yourselves.
And why use deposition time to learn things you and yours can learn quickly and inexpensively and lash together from: phone calls, live humans, your client, client employees, ex-girlfriends, ex-husbands, ex-bosses, bartenders, town drunks, libraries, the Moose Lodge, store clerks, hopeless gossips, old dudes in cafes who drool on their shirts, neighborhood urchins, newspaper reporters--and even the most rudimentary Google search?
These inexpensive but ignored sources are often inconsistent with information parties will give about themselves in formal discovery.
The upshot?
1. Don't take the deposition at all. You may not need to take that deposition.
2. Take a much better and shorter one--and do much better written discovery requests. If you do take it, you will take a better one. You won't need to waste time asking about things which are easily ascertained beforehand. If you serve written discovery before depositions--you generally should do it before--your interrogatories and requests for documents under Rules 33, 34 and 45 will be much better. (Formal written discovery, in my view, is of even poorer quality and even less informed than most depositions taken.)
3. If you need to, confirm what you have learned with a quick series of leading questions. Anything that you have learned about the deponent from investigation and informal discovery, and that you need to confirm--i.e., work history, education, past events in the news, addresses, past titles, ex-employees, mistresses, ex-wives, published sonnets, tastes in biker bars, and current businesses and business associates? Go over it and confirm quickly at the outset (or at the right interval for that information) with the deponent.
Posted by JD Hull at 12:59 AM | Comments (0)
April 28, 2019
Amsterdam: Authentic, Sane, Healthy, Smart, Fun.
Like Tel Aviv in Israel, Amsterdam's nickname (among others) is Mokum, a Hebrew word for "place" or "city", due to its historically large Jewish population. A favorite European city for Yanks, Amsterdam is poorly understood by Americans, often half-blinded by our Victorian and morally pretentious views of real life. Amsterdam is about beauty, great art, great food, healthy free-thinking people, and genuine class--not just the Sex Museum, social welfare, cathouses along canals in the de Wallen, smoking hash at the Betty Boop coffeehouse, and other indulgences, percs and pleasures. Cosmopolitan, the Dutch like other languages. In the Netherlands, the official ones are Dutch and, in the north, Frisian (which many believe is the closest thing to Old English still spoken). But about 85% of the total population has basic knowledge of English. German and French spoken here, too.
Posted by Holden Oliver (Kitzbühel Desk) at 11:59 PM | Comments (0)
April 20, 2019
The Short List.
#HolySaturday
Why are we here, anyway?
To Grow.
Love.
Increase Love.
Read.
Travel.
Have Relationships.
And Fun.
Television isn’t on the short list. Neither is Social Media.
Posted by JD Hull at 11:59 AM | Comments (0)
April 18, 2019
Being Educated: It's not about getting a job.
It's not about learning and parroting a cultural, political or partisan script, either.
Posted by Holden Oliver (Kitzbühel Desk) at 11:56 PM | Comments (0)
April 13, 2019
Yesterday’s Twitter Topic.
Let’s start out simple. The idea/concept for today? Slavery.
Slavery. Human Bondage. People as Chattel.
Most of us condemn it. But why? What’s wrong with Slavery?
Next #FreeSpeechFriday? We’ll do Segregation as a human instinct (not a policy). Why not?
#LetMyPeopleTalk
Posted by JD Hull at 11:55 AM | Comments (0)
April 10, 2019
Society, Culture and Government.
For 4 years I’ve been concerned about liberal intolerance. Now? I’m just angry.
Biden last week: “It’s an English jurisprudential culture, a white man’s culture. And it’s got to change.”
Are you not threatened someone of Biden’s stature said this? I am.
Posted by JD Hull at 09:52 PM | Comments (0)
Evolution, Jake.
Humans are getting better but DO have dual natures. 99% of us will “invade/conquer” if we can.
The only 2 things I know:
1. We are not here to be “good”. We are here to be alive, be who we really are & in the meantime, if possible, “increase” love.
2. You can’t speed evolution.
Posted by JD Hull at 04:49 PM | Comments (0)
April 09, 2019
American Pantheon: Dame Alice Krige.
I have not met South Africa-born movie, television and stage actress Alice Krige but have admired her and her movies for almost 30 years. I would like to see her on stage some day. I am in awe of working dramatic actresses based on the difficulty of their craft alone--and have been lucky to spend a lot of time with one in particular. To be noticed and hired, to keep working in serious paying roles down through the years, to make a living, to endure, even for the very gifted, is not a reality for most. You must be more than pretty, more than mega-hardworking, more than resilient, more than cheerful, strong, tough, well-regarded, respected and liked. You must be Lucky, too. Uncommon and shining talent is a prerequisite. All your competitors have it. A tough, unforgiving profession you must love deeply and almost unconditionally to merely stay the course in many, many moments during a long career.
Posted by JD Hull at 11:59 PM | Comments (0)
Tonight
Tonight: Join DCMAGA Meetup for Drinks at the Trump Hotel.
Tuesday April 9th - 630pm
1100 Pennsylvania Ave NW, Washington, DC 20004, USA
#GetOffYourKnees
Posted by JD Hull at 02:06 PM | Comments (0)
Rule Seven: "What's the client's stock price today?"
One of the most clicked-on of our annoying but 100% failsafe 12 Rules is Rule 7: Know the Client. Excerpt: "Take time out to learn the stock price, industry, day-to-day culture, players and overall goals of your client. Visit its offices and plants. Do it free of charge."
The firm's client has a factory or plant? If so, please visit it. Above: Nokia factory in Finland.
Posted by Holden Oliver (Kitzbühel Desk) at 12:59 AM | Comments (0)
April 08, 2019
Religion, Spirituality and Real Life.
If you have a faith, try to stick with it. It has served many of us, our families and America very well. Even though I don’t go to church, and I am not part of an organized religion, I had a fine ecumenical education, growing up in predominantly Jewish, Catholic and mixed suburban neighborhoods. My guess is that a lot of American Protestants raised in several place have that experience. That experience informs every day for me, and generally makes me feel comfortable and confident anywhere with anyone. And more importantly because of it I’ve always been a spiritual critter. Religion helps. My only advice? Just don’t use it as an answer to everything or a substitute for your own thinking process. It can’t and should not do it all for us. But if you need to? Go ahead a make it the main event. Done right it does seem to work.
Posted by JD Hull at 01:46 PM | Comments (0)
Partner Emeritus, Où tu d'art?
Sir, it's just no good anymore at ATL since you went away. Now I spend my time just making rhymes of yesterday.
Posted by JD Hull at 09:13 AM | Comments (0)
April 07, 2019
Sunday mornings..
Was somehow persuaded to lead an Alcoholics Anonymous meeting at 8:30 AM. Hope these degenerates appreciate it. And my wisdom for living. Most Sundays I’m just getting to bed about now.
Posted by JD Hull at 10:49 AM | Comments (0)
April 06, 2019
The Dogs of Washington
DC has some great dogs. Real dogs. And seriously when I’m walking around outside and see them and say “hey great looking dog!” I really don’t need to hear back “thank you” from their goofy owners. Wasn’t talking to them.
Posted by JD Hull at 04:21 PM | Comments (0)
April 05, 2019
#FreeSpeechFriday
Get off your knees. Your ideas/words your way.
Posted by JD Hull at 11:25 AM | Comments (0)
April 01, 2019
Today.
I’ve decided to return to the Democratic Party. Got to stop living this lie. It’s been fun, though. Met a few interesting people. Well, two.
Posted by JD Hull at 07:09 AM | Comments (0)