Monday, May 30, 2016

Anyone can do it

Quit whining and do it
While dealing with law and legal stuff is problematic for most folks, I've learned that if you can get over your fear of law (because it's only as scary as you make it out to be), the world is your oyster.  Basically,  just go with your gut when it comes to law and legal things.

Funny thing is when I work with legal newbies, I tell everyone to go with their gut.  What does "go with your gut" mean?  It means to to do what you think you should do.  Heck, I've spent 50 years developing my gut and as my wife can attest, it is sizable enough to instill confidence in anyone!

In any event, I'm talking to this guy about how to write a motion and he's totally freaked out because he's never even been in a law library.  So, I start with the basics and share that there are five (5) documents associated with any motion (noticed or ex parte).
  1. Notice of Motion (says: "Hello everybody, I'm writing a motion)
  2. Motion (says: This is the motion I just told you about that I am writing)
  3. Declaration (says: This is what happened (i.e. the facts of the case))
  4. Points and Authorities (says: This is what happened as it relates to the law)
  5. Proposed Order (says: This is what I want the judge to do)
Typically, the first two (Notice of Motion and Motion) are combined into one document.  So, wanting to show guy examples of each of the above documents I walk over to our civil practice section of the library.  While I am normally a big fan of California Civil Practice: Procedure (Thomson Reuters), I start with California Forms of Pleading and Practice (Lexis).  Of course, he can't find what we needs so we saddle up to AmJur Pleading and Practice Forms Annotated (Thomson Reuters), find what he does need and simply modified it to our jurisdiction (which, in this case, is/was California).

The thing with law and legal research things is that it's easy enough to do.  Of course, it's easy for me to do - which brings us to the moral of this story.  If you're in a bind and need something law and legal, do NOT rely on the Internet or fiddle around on your own until you're about to pop.  Instead, head on over to your local county law library and let the professional Librarian(s) help direct you to where you need to go to get done what you need to get done.