Nothing be to afraid of

Picture it.

It's summer time.  Blue sky, a few clouds, light breeze....and you decide to go out for a morning jog like you always do when it's not raining or snowing or flooding or there's a tornado brewing.

Anyway, you're out running and dang it but (and it most always happens), you get this sharp pain in your side.  I mean, those things HURT!

Have you ever gotten those sharp, side pains?  I know I have and, as it turns out it is not a rare occurrence.

The problem is that those sharp pains actually have a term.  They're called exercise-related transient abdominal pain, or ETAP.  Around two-thirds of runners experience them every year.  But unfortunately for weekend joggers everywhere, this medical term does not come with a medical solution.  

Why?

Well, turns out even though side stitches are common, researchers haven't really studied them. 

What???  How is it that something as common as side stitches are ignored but there is time and money to research things for which drugs were invented to prevent:

• Male/Female Impotence, or 
• Hyperhidrosis (excessive sweating), or
• Restless Leg Syndrome, or
• Nail Fungus (could be toe or fingers), or
• Cosmetic Wrinkle Reduction, or
• Male Pattern Baldness, or
• Mild Anxiety for "Performance" (I'm guessing this one is sexual in nature rather than an inability to speak in public), or
• Mild Cosmetic Acne

Dang but there are a lot of things I can think of that could really use some serious like:

• Social Isolation
• Grief or Bereavement
• Procrastination (imagine a drug that could cure this?  Employers everywhere would like up for that one!)
• Aging-related frailty
• Mild hearing loss (a cure-all for guys who don't hear their wives) 
• Caregiver burnout (that's a big one, right there)
• Something to fix that ringing in your head (I can handle the voices, but the ringing...!) 
• The fear you get when you walk into a law library

This last one is actually curable without a pill.  I should know because I've helped cure thousands of people overcome their fear of law libraries (aka law library anxiety).

I can't count the number of people I've seen walk into a law library and watch the color drain from their faces as they look at all the books on shelves.  

Can you say TERRIFIED?!?

But you don't have to be.  How, might you ask?  There are four (4) rules you need to know to help you overcome law library anxiety.

1. Rule ONE:  Primary Authority is that which is handed down by a governing body.
2. Rule TWO: Secondary Authority is that which explains, interpret, or analyzes Primary Authority.
3. Rule THREE: Mandatory Authority is that which courts MUST follow.
4. Rule FOUR: Persuasive Authority is that which courts MAY follow.

So, how do these four rules work and help with library anxiety?  Let's take each Rule and break them down into manageable bits.

Rule ONE: Primary Authority is that which is handed down by a governing body.  

Most people hear things and immediate thing statutes and court court decisions.  Yeah, but that doesn't really cover what the law is governing your situation.  

Situation?  What situation?!

Years ago, I helped a guy who had just been kicked out of his book club.  Seems he wanted to review a book that the other members did not want to review and they kicked him out.  He was angry with their decision and wanted back in. 

The problem was he didn't know what law would govern book clubs.

So, under rule one, what is a governing body?   A formal definition is a group of people who formulate the policy and direct the affairs of an institution.  So, what we're looking at here might be something that looks like:

What are some other governing bodies not specifically related to they typical government structure?

• Residential & Community Governance 
• Homeowners Association  (HOA)
• Condominium Associations
• Mobile Home Park Associations
  
• Property & Facility Governance 
• Business Improvement Districts
• Property Owners Associations
  
• Timeshare Associations
• Religious & Organizational Governance
• Church Boards
• Parish Councils
• Synagogue/Temple Boards
• Educational Governance
• Parent/Teacher Associations (PTA) 
• School Boards
• Charter School Boards
  
• Recreational & Clubs Governance
• Swim Club Boards
• Tennis Club
• Private Club Boards
• Cooperative & Shared Business Governance
• Worker Cooperative Boards
• Agricultural Cooperative Boards
  
• Artist Cooperative Boards
• Specialized District Governance
• Special District Boards
• Water Board
• Fire Protection Boards
• Library Districts
• Parks and Recreation Districts
• Other Community Group Governance 
• Neighborhood Associations (non-HOA)
• Tenant Associations
• Block Associations

See that one under Recreational & Club Governance: Private Club Boards?  That's the one guy targeted. See, the problem is that guy was dealing with a book club - not a monstrously HUGE government entity.  

All guy had to do was look at the rules of the tiny/virtually insignificant book club - which is/was the governing body for his book club.  

I mean, why would a courts use codes/ordinances from a monstrously HUGE government structure when all it has to do is use the small/virtually insignificant local/neighborhood book clubs' own rules and procedures that govern how its members inter-relate?

Which is what the court did aaaaaaaand guy was still kicked out of the club as the book club had followed all of its procedures and guy didn't have a leg to stand on.

Summary:  A governing body can be BIG (think Federal or State or County or City) or it can be small (think tennis club or book club).  All that is required is that there be a semblance of established rules/procedures which must be followed by its members.

RULE TWO:  Secondary Authority is that which explains, interpret, or analyzes Primary Authority.

Have you ever needed to know the definition of a word?  Regardless of whether it was online or in-print, you used a dictionary to look it up.

Have you ever had to do a book report or some other paper in school?  Regardless of whether it was online or in-print, you used a book(s) or articles to help you explain your position to help you write that report.

Resources other than case law/statutes are secondary authority are used to help explain how primary authority is applied, used, or interpreted.

Court use secondary authority/evidence all the time to help interpret the law when they are trying to formulate an opinion.

(State/Federal) member of congress (house/senate) use secondary authority all the time when they're looking to create laws/statutes

Been to a library (public or law) lately?  The shelves are jammed packed with secondary authorities to help you explain what it is you are writing/arguing about. 

The kicker between Rule 1 and Rule 2 is that you can cite to primary authorities with reckless abandon in legal documents.  You use secondary authorities to help understand what's what and develop oral arguments.  You DO NOT cite to secondary authority unless you want to run the risk of the judge ignoring and/or sanctioning you for citing to authorities that have NO legal authority.

True, there are attorneys who only cite to secondary authority (and I'd steer clear of them because that shows a lazy lawyer), but for my money, I'd want someone representing me who knows the difference between what qualifies as legal authority and what doesn't. 

RULE THREE: Mandatory Authority is that which courts MUST follow.

Things get tricky when looking at rules three (Must) and four (May).  

What does MUST mean?  Defined, must is an imperative need to duty.  How this works is that when looking at laws from other courts, a court MUST follow decisions/laws from it's own jurisdiction. 

So, California courts MUST follow the laws/statutes handed down from the California legislature.  California Superior courts MUST follow decisions handed down by the California Supreme Court and the California Appeals Courts. 

Arizona courts of limited and general jurisdiction MUST follow the law statutes handed down from the Arizona legislature, and Courts of Appellate Jurisdiction (Court of Appeals and Supreme Court). 

Wyoming Circuit Courts MUST follow the laws handed down by the Wyoming legislature and by the Wyoming Supreme Court, District Courts.

Texas Trial Courts MUST follow the laws handed down by the Texas legislature and by the appellate courts, and the two courts of last resort (Supreme Court and Court of Criminal Appeals).

New York Trial Court (which include the Supreme Court, Court of Claims, Family Court, Surrogate's Court, and local courts (City, Town, and Village)) MUST follow the laws handed down by the New York legislature and the intermediate appellate courts, and the Court of Appeals (which is the highest court in New York).

See how that works.  Trial courts in a specific jurisdiction (or area of control) MUST follow the laws/decisions in the specific jurisdiction.

RULE FOUR: Persuasive Authority is that which courts MAY follow.

If MUST is critical, MAY expresses permission or possibility.  MAY indicates that something could happen but it is not certain.  When it comes to things legal, MAY indicates allowance or consent.

So, how MAY works is Utah courts MAY use laws handed down by New York, but it doesn't have to. 

Wait, what?

So, as it turns out, New York was the first state to create a law regulating the Internet.  In 1990, New York passed a law amending its Penal Law § 235 to address “obscene material” and computer networks, making it a crime to disseminate obscene material to minors via a computer.

What this means is that New York, being the first, was the only real authority on the regulation of the Internet.  Do you think, though, that no other states in the Union didn't have issues related to Internet regulation at that time?  

Sure they did!

But even though New York had a law DIRECTLY ON THE TOPIC of Internet regulation, other courts did not have to follow it.  They could, if they wanted to but weren't REQUIRED to use it.  Other courts might have looked at the New York law; they might have tasted it, licked it, touched it, poked it, prodded it, provoked it, or kicked the wheels - but they didn't have to use the New York law.

So, if a Wisconsin court was looking at an issue but didn't have any laws/decisions on the books for that particular issue, it MAY look to the laws of any other jurisdiction, but it doesn't have to and could rule based on it's own belief (because I'm sure the judges in Wisconsin as just as competent as any other judge in any other jurisdiction).

Nevada courts MAY look at Oregon Court decisions but doesn't have to use them.

North Carolina courts MAY look at North Dakota court decisions but doesn't have to use them.

Florida courts MAY look at Rhode Island court decisions but doesn't have to use them. 

Montana courts MAY look at South Carolina court decisions but doesn't have to use them.

Ohio courts MAY look at Mississippi Court decisions but doesn't have to use them.

So, what does "doesn't have to use them" suggest/mean?  It means that courts can use other jurisdiction decisions as SECONDARY authority to help interpret their own laws/decision.

See how these rules fold in onto themselves?  You do this enough times and it becomes easier to understand/apply.

Now, here's a zinger.  Say a court has a decision that it uses on a particular issue and you submit a brief with a law from another jurisdiction because you think the law from the other jurisdiction/court helps to clarify the issue you are trying to argue better than what the court in your jurisdiction has on its books?

Your Judge/Court might laugh at you (in the way of sanctions) OR it might ask for clarification on why you would include a decision that is persuasive, at best.  

Hey, it's could happen (and has).

Annnnnnnnnnd, that's how it all looks.  

No longer do you need to have that deer in the headlights look when you walk in a law library.  Sure, you might (still) be terrified to talk to a god-like visage like a law librarian, but at least you know (now) you can find your way around a law library without being scared out of your pajamas.

Burning Rubber

Funny thing how some things catch my eye (and give me ideas for a blog post).

Take, for instance, this morning as I was driving into work.  There was this car driving by smoking like there was no tomorrow.  Approaching, I noticed that his front right tire had worn away and that he was riding on his rims.  Basically, his tire had disintegrated which was the cause of all that smoke.

I got to wondering how long he had been driving like that.  I mean, by the time I saw him, rubber was flapping in the wind and sparks were popping up as his (now increasingly bent) rim was dragging on the asphalt.

Down to his last steel belt, he was.

I got to thinking how this guy was not unlike some law students I've work with.  They struggle.  They fight.  They do everything in their power to understand what I'm talking about in class - but sometimes it's not enough.  On their own, they just burn rubber all semester long.  Instead of reaching out for help and ask questions as they go, they come up with excuses and keep fighting on their own.  Nary an email.  Nary a visit.  

Thing is, law school isn't cheap.  I was talking with a guy that went to law school up north paying $1,000 per unit (that's $3,000 per class).  Can you imagine paying $3,000 for a class and then not do everything you can to get the best grade possible? Hells Bells, if I had to pay $3,000 for a class, I'd be ringing up the professor every time I had a question.  I'd be emailing whenever I ran into a roadblock.  I'd be asking them how to answer questions, how to study, how to do whatever it took to get the best grade possible.

But that's me.  When I get lost, I ask for directions.  Sometimes I wait until I'm up to my neck in hot water but more often then not, I ask for directions.  I ask because I don't know and don't like wandering the wasteland in a state of confusion.  Yep, when I realize that I don't know something, I ask.  Just ask my former boss.  I was in her office at least once a week. 

In fact, my former boss inspired me.  She had a very open door policy (which I adopted).  Basically, if the door is open, then I'm available to you.  Have a question about an assignment?  Walk through my open door (or drop me an email) and ask away.  Want to know what resources to use for a research paper (or a motion or a brief or whatever), walk through my open door (or drop me an email) and ask away.  Need help using any of the dozens of online databases we have in our collection?  Walk through my open door (or drop me an email) and ask away.

I guess the moral to all this is: don't wait until you are running on bent rims to ask for help.  Reach out and ask for help before you are up to your neck in hot water.

I'm just sayin.

Get Focused

What is it that you want?  Money?  Fame?  Fortune?  Amnesia so that you can forget all the stuff you'd rather not remember?

The other day, as I was driving to work, I noticed a little black sports car coming up on my 6 at an accelerated rate of speed.  I noted that black sports car driver wasn't paying attention to where she was going as she looked up (from, I'm presuming, her phone) just before she slammed into the back of my car, slammed on her breaks, swore a blue streak, flipped me off, screamed some more, changed lanes, swore some more, flipped me off again, and sped off to tailgate someone else - because tailgating is an Olympic sport around here.

I'm guessing what Black sports car wanted was a lawsuit - given how she was driving.

Sad that.  I mean, did black sports car wake up thinking, "Today I'm going to drive like a crazy lady and rear-end someone?"  Probably not but as long as she tries to focus on two things (drive and phone), she's on a short road to the junkyard.

This all reminds me of the student who contacted me the other day.  Seems student is looking to write a research paper.  Seems student has not quite thought out what they want to write about since, when I asked what they wanted to write about, student said: Real Estate.

Uh huh.

The problem with this is that "Real Estate" (i.e. property) is pretty nebulous (as in a really big topic).  I mean, there are hundreds of avenues that can be taken when examining Real Estate.  Like, do you want to talk about eminent domain?  How about zoning, or hazards and disclosures?  Maybe environmental issues, cell phone towers, or do the effects of low-income housing on property values, catch your eye?  Yeah, there are a number of ways student could take this.

I know, when I'm in a quandary about where to start researching (or even picking a topic), I know I can always reach out to the Digests.

Organized by headnote topics and key numbers, the digests is a system of identifying points of law top help locate cases related to thousands of topics.  The digest works like an encyclopedia in that the topics are listed in alphabetical order and printed on the spine of the book.

Each case published in a West Reporter is evaluated by an editor who identifies the points of law cited or explained in a case.  Each case published in a West Reporter is evaluated by an editor who identifies the points of law cited or explained in a case.  

The editor places the summaries of the points of law covered at the beginning of the case.  These summaries are usually a paragraph long and are called headnotes.  Each headnote is then assigned a topic and key number. The headnotes are arranged according to their topic and key number in a multi-volume set of books called Digests.  A digest serves as a subject index to the case law published in west reporters. 

Got all that?

Now, I could go all day on how to use the Digests but let's break things down simple.  So, the easiest way to work the Digests is to look on the spine of the book. 

So, find the general subject you want to use and pull that book.  For example:

• Looking in the United States Supreme Court Digest for cases on Insurance, Look in Vols. 8B & 8C
• Federal Practice Digest 5th Series for Bankruptcy, look in Vols. 31-61 (a mere 31 volumes)
• 11th Decennial Digest Part 3 for Civil Rights, look in Vols. 11-13,
• Southeastern Digest 2d for Homicide, look in Vols. 26D-27B

See?  Easy peasy.  

Of course, there are other ways to find what you need - like hunting down a legal information professional (i.e. law LIBRARIAN) who can help you find whatever it is you need to be finding.

So, whether you want to hunt alone or hunt with a wingman, know that you're covered whenever you walk into a library because Librarians are here to help YOU!

It's easy when you have a foundation

I am horrible at math.  Just really suck at it.  And word problems?  Forget about it.  Yeah, I can do simple math but division and fractions have me stumped. 

My dad was Mr. Awesome at all things math and he could never figure out why I sucked at it.  Heck, it took me three years just to get through high school algebra with something better than a "D."

Is it any wonder, then, that I picked a profession that does not require math?  While I may see applications for algebra and calculus all around me, I do what I can to avoid having to do it because, well, I suck at math.

I suspect it's that way for many people when it comes to legal research.  Yeah, there are some out there who think Librarians are outmoded dinosaurs who just push big, dusty books around (yeah, I'm looking at you Mr. know-more-than-a-Librarian).

Fact is, when I started teaching people the how of legal research, I had to do some major soul searching to derive how I learned so that I could understand where non-lawyer persons were coming from.

As it turns out the two things that everyone uses are the two things that most every attorney uses to conduct legal research: the Table of Contents and the Index.

Heck, but darn near all law books use these same two features to help people find what they're looking for: the Table of Contents and the Index. 

The Table of Contents often lists big concepts or major subjects and the specific section or page they are listed on. When using the Index, look for key words or concepts you need and then note the page(s) they are located on.  Pretty simple, huh?

Now don't get your undies in a bunch - knowing how to use the Index and the Table of Contents may be pretty basic - but they can be critical when it comes to research.

Anyway, once you get the concepts of how Index and Table of Contents go, it just a matter of knowing what resource(s) go with what topics.  For instance, say you are looking for resources dealing with Slander of Title. Where would you go?  What resources would you use?  More importantly, what you look for in the index?

The two resources that pop in my mind are Am Jur Proof of Facts and Am Jur Trials.  So, grabbing the index for Proof of Facts Index (S-Z), I looked under "T" for "Title" then "Slander."  The Index suggested I look at Slander of Title (this index).  

Just a minute, do you know what it means when an index says "this index?"  In this case, it means, look in the index in that same resource under "S" for "Slander of Title" in the Am Jur Proof of Facts book. 

This is important but for the fact that I had a lady in here the other day asking the same thing.  She was looking in the the index for resource X but when it said "this index" she went and got an index for resource Y and couldn't figure out why she couldn't find what she wanted?  

When it says, "this index," don't go and grab an index for a whole other book.  Apples to Apples, Bananas to Bananas.  Don't be grabbing a pineapple when what you need is a banana.

Anyway, using the same Proof of Facts index (S-Z), I flipped from the "'T's" to the "S's" and Slander of Title which noted that I should be looking in Volume 55 of Proof of Facts, 3rd Series, page 509.

Easy peasy, huh?

So, let's work on Am Jur Trials.  If Proof of Facts suggested I go to "Slander of Title," I figured, why not same of time and just jump to "S" for "Slander."  Yeah, it doesn't always work like that.  

So, going to AmJur Trials General Index (O-Z), I looked in the "S's" for "slander" but this time it said, Libel and slander (this index).  Funny thing that both of these resources are published by the same publisher (Thomson Reuters) but they don't order their indexes the same.  I wonder why?

Regardless, pulling out Trials General Index (F-N), I look under Libel and Slander, then under "S" for "slander of title" and the index tells me I should be looking in volume 103, AmJur Trials, page 1.

So simple that someone should write a blog called Legal Research is Easy.  Ooops, I already did.  And do you know what?  You do this legal research stuff enough times and you'll realize that legal research really is easy.

Table of Contents and Index.  Attorney's have been using them for years (and in most cases, that's all attorneys use because that's all they ever used in law school).

Sure, there are other research tools out there that'll help you get where to need to be faster but get these two under your belt, first.  When you're ready to move on to advanced legal research, I'll be here to help you step up your game.

I feel your pain

You ever feel like you have no clue what to do next?  You've worked hard all your life, planned, schemed, and plotted and are still at a point where you're stuck?  Happens all the time at my LAW library.

Yesterday, in fact, I had a newly minted lawyer come into our LAW library. Seems new lawyer had recently passed the bar but try as he might, he could not get a job at a law firm and so decided to put out his own shingle.  

Problem was, while law school taught theory to help with passing the bar exam, what he needed now was practice (or tools of a practical nature).  

I suspected he was kicking himself for not paying more attention in his Legal Research and Writing class.  Yeah, that would have really helped him out now (in the real world).

Anyway, I could see the fear in his eyes as he roamed our halls. Heck, I could smell it and he was really freaking out since he had just accepted a new client in a personal injury case and he didn't know where to start. 

Approaching him from behind (because that's what you do when dealing with drowning people), I suggested he take a look at (in this order): 

1. California Practice Guide: Personal Injury (TR)
2. California Torts (Lexis)
3. California Forms of Pleading and Practice (Lexis)
4. California Civil Discovery Practice (CEB)
5. Bender's Forms of Discovery (Lexis)
6. AmJur Trials (TR)

Over the course of a few months, newly minted was able to piece together a strategy and properly serve his client's interests without having to go to trial (and settled for a pretty penny, to boot).  

If you ever find yourself in a bind, know that your local county law Librarian knows their collection like the back of their hand.  We know what you need and can help you look good doing whatever needs doing.

He's gonna blow!

You may not know this about me but I teach legal research classes to/for the public.  Really dig it, I do.  What I really like is working with people who are hungry for information.

I can work with people like that.  What I can't deal with is whiners who complain that legal research is too hard. Thing is, the first time you do anything it's hard.  

Nothing new, there.

Take, for example, the Beatnik (a real hip and happening dude) who came into the law library the other day. Beatnik starts with the world is out to get him and how he doesn't know anything about legal research and would someone just do the work for him?!

My answer(s) to him: Yes, it is, that's probably true, and no, I won't.  

What I will do is help you out along the way.  Turns out Beatnik is fighting with his neighbor.  Seems neighbor has chickens that squawk at all hours of the day and the rooster starts sounding off around 3AM.  

No amount of pleading will get neighbor to silence his chickens.  Beatnick, cool cat that he is, has had it and wants to silence the chickens.

First, I asked if he had contacted county code enforcement (for a possible noise/code infraction).  Second, I suggested he take a look at:

• California Forms of Pleading and Practice (Lexis; Vol 34, Chp. 391 (Nuisance))
• California Civil Practice: Torts (TR; Vol 1, Chp. 17 (Nuisance))
• American Jurisprudence Pleading and Practice Forms Annotated (TR; Vol. 1D (Animals))
• Am Jur Trials (TR; 3 Trials 637 (Selecting the Remedy); 93 Trials 193 (Enforcement of Restrictive Covenant or Lease Provision Limiting the Keeping of Animals or Pets on Residential Property))
• Am Jur Proof of Facts (TR; 41 POF 3d 391 (Common-Law Action for Noise Nuisance on Neighboring Land))

Funny thing about Beatnik's, I always thought they were the most easy, laid back kind of people. Guess everyone has their breaking point.  

When next you feel the need to snap, know that your local county law library is just around the next corner to help you bring it back in.

If the shoe fits

Once upon a time I was in the market for some hiking boots. At the time, I didn't have a clue about what to buy (or not buy), what boots were made of, or that there are different boots for different occasions.  So, to a hiking boutique I went.  I picked this particular boutique because it held itself out as having particular knowledge on the subject of hiking apparel.

After trying on a few pairs, the salesguy suggested I try/buy one particular pair.  They were all leather (in that they were all one piece of leather - no stitching at all).  Just one huge piece of leather molded around a bottom sole and each boot was little over 2.5 pounds each.  The salesguy (who was much more knowledgeable about hiking boot than I was) said these would last forever.  All I had to to was "break them in."

Do you know what it takes to "break-in" a pair of new hiking boots?  It takes a lot of hiking.  LOTS and lots of it.  Well, on my very first hike up Mount Baldy, I got four (4) big, nasty blisters on each of my feet.  Broke-in?  Heck, those boots were laughing at me.  In a million miles those boots would never break.

I took them back and got another pair that I didn't have to "break-in."  Ten years later and I still have them.  They are the most comfortable boots I have ever worn.  I love them.  

How does this all relate to legal research?  Well, the other day I had a guy come into my library. Seems Guy has a problem with his eyes in that his left eye moves around involuntarily.  It's called nystagmus and if you've been reading my blog over the years, you'll know I really dig that word and have talked about it in reference to DUI cases. 

Well, Guy actually has this condition and the other day he got pulled over on suspicion of driving under the influence of a controlled substance.  Whether he was or wasn't, the cop flashed his flashlight in Guy's eyes, saw his eye bouncing around, and arrested him for a DUI.

Now, being a government employee (I do work in a county law library), I could have just suggested Guy head over to the criminal law section and walked away leaving him to fend for himself.  The problem with that is that Guy went to his local county law library (where I happen to work).  

He was there because he knew that we had knowledge of a particular nature about all things legal research and he was hoping we could put something in his hands that he could use to help him get out of his situation and not just brush him off.  How could I deny him satisfaction?  It's not in my DNA to do so.

Being the consummate law Librarian, instead of handing Guy just any book, I suggested Guy pay particular attention to:

• Words and Phrases (TR; Vol 28B, p. 494-93)
• Defense of Drunk Driving Cases (Lexis; Vol 1, § 10.06 et seq., Vol. 4, §§ 48.04[4], 48.09[5])
• Blashfield Automobile Law and Practice (TR; Vol. 10, Glossary)
• Attacking and Defending Drunk Driving Tests (James Publishing; Chp. 7 § 7.140 et seq.)
• California Drunk Driving Defense (TR; § 8.24 - Suppression of Evidence)

and off Guy went to develop his defense.

Dang but sometimes you can't catch a break.  Good thing there are county law libraries around that can help you get back up when you get smacked down.

Ready or not...

You know how somethings come at you in life that you never saw coming?  I mean right upside the head it smacks you and there is nothing to prepare you for that moment.  You can't practice for it or rehearse and there are no do-overs.  You are either ready to deal with the situation or not.

A few years back, I had that experience when I was in a bank robbery.  Laying face down with a Glock to the back of my head, I can still remember the feeling that in mere moments, life for me would end.  I remember the young lady laying across from me was crying that she would not see her daughter again.  

I have often reflected back on that scenario and thought how I could have been better prepared and have come to the conclusion that I could not.  I am what I am and the best I can do is get ready for the next cataclysmic event, whatever that may be.

Such was the thoughts going through my mind when a young-ish guy came into the library.  Guy had that I-just-got-punched-in-the-gut sort of look and tells me that his fledgling company had just been stolen from him.  

Seems he and a buddy of his launched a small tech start up a couple years back.  With a bevy of investors, guy and buddy worked tirelessly to make the company successful.  

While the company should have been turning a profit, it wasn't and, in fact, it was floundering.  After a while, guy found that college buddy had been funneling company secrets to a competitor.  

Before guy knew what was happening, buddy quits and starts working with competitor.  Shortly thereafter, competitor and buddy come out with a product exactly like guy and guy's business died an ignominious death.

Can you blame guy for feeling all out of sorts?  His buddy steals his ideas and jumps ship only to stab him in the back and cause his baby to fail?  

How can anyone possible plan for that kind of personal sabotage?  Guy sure wasn't, but walking into my library was probably the best thing he'd done all day because in less time than it took to write this blog, I suggested guy take a look at:

• California Torts (Lexis;  Vol. 3, Chp. 40, Fraud and Deceit and Other Business Torts, §§ 40.110—40.117)
• California Civil Jury Instructions (CACI) Series 2200 - Economic Interference
• Witkin, Summary of California Law, 10th ed. (TR; Vol. 5, Torts, §§ 741, 742, 759)
• California Forms of Pleading and Practice (Lexis; Vol. 12, Chp. 122, Interference)

and guy, calmer now, went off to plot a course to success (and the demise of his buddy).

Yep, sometimes things come at you sideways and you never see them coming.  Good thing there are people like your local county law Librarian who can help you make sense of it all when you find yourself laying in a heap in a gutter somewhere.

Sometimes You're the Nut

The problem with being an omnipotent law Librarian is that after a while of hitting on all 16 cylinders, pulling answers out of the sky like they were cotton candy, you start to feel all powerful, thinking you know everything - until you skip a beat and you can't find anything.  Then you start to question the sanity of the universe.

Such was my life the other day.  Seems this Guy came into my law library.  Seems Guy had just been in family court where his ex-wife had filed a motion to legally change his son's name to her new flame's name.  Judge told Guy she'd deny the motion if he could find something to prevent the change.  Guy was under the gun and came to me - the omnipotent Librarian - to help him in his hour of need. 

I looked everywhere and couldn't find anything for him.  I mean, EVERYWHERE!  Guy flips out claiming that everyone told him that I was THE go to Librarian when you can't find something and that I failed him.

Huh.  I felt bad for the guy and went back to my office to lick my wounds. 

Three weeks later, I'm helping a random attorney.  Seems Attorney was looking for questions to grill an expert witness in a child custody case.  I'm looking everywhere to help Attorney and in my search, I stumble upon AmJur Trials, Vol. 22 (Child Custody Litigation).  In the supplement, I found Section 137.5 - Name changes.  

Waaaaaaaaaait a minute!  Wasn't I looking for something about name changes a while back?!  Turns out on page 297 in the Vol. 22 Supplement is a #%@#^!@$!#%^ section on just what I was looking for for Guy!

Turns out there are eleven (11) cases from all around the USA that deal with the name change of a child in custody hearings.  

JUST WHAT GUY WAS LOOKING FOR!  

Good thing I had the good sense to get Guy's email and without hesitation, I send off a copy of the entire section. 

Whoo-wee baby, I was back in the game pulling answers out of the sky like they were cotton candy.  Life's just like that - sometimes you're the nutcracker, sometimes the nut.

Maybe your local county law Librarian can find you answers on the spot - sometimes it takes a while.  Regardless of what quarter in the game we are playing, what you need to know is that your local county law Librarian always plays to win.  

So, when next you need help (and you know you will, eventually), just know that we'll be here to help you get back in the game, too!

It's the Little Things

Once upon a time I had a laptop computer that was giving me trouble.  Seems no matter how long I had the computer plugged in, the battery wouldn't charge. Sometimes, even with a full charge (and right in the middle of a presentation), my laptop computer would just turn off.

Luckily the computer was on warranty.  So, first I had the power ports replaced, then all the ports (USB, HDMI, everything) were replaced, then they replaced the power cord, the keyboard and, the day before the warranty was to expire, they replaced the motherboard.  Nothing helped.

One day, I was in a computer repair shop.  The guy across the counter was talking to a customer who sounded like he had the same problem I did. Then the repair guy said, "Did you remove the battery and run straight off the power cord?"  

Wait.  Remove the battery?  If I remove the battery, then I can't move around.  Turns out, that was the problem.  I removed the battery and the laptop worked fine.  Problem solved.

This, of course, reminded me of a guy who came into the library a while back.  Seems he had filed his complaint, got past the summary judgment and demurrers and was flying through discovery.  When the other side (defendant) would not release documents he had requested, Guy filed a Motion to Compel Discovery and lost.  What?!? he screamed at me. How could I have lost?!??!  Stupid judges!  Stupid lawyers! Stupid "justice" system!

I asked, 

• Did you do any research before you filed your motion?
• Did you file a "complete" motion (notice and motion, declaration, points and authorities, order)?  
• Did you locate case law and/or codes and include them in your points and authorities?
• Did you Shepardize your cases and codes to see if they were still "good" law (which you/he could then cite in a motion)?"

"Shepardize?" he asked. "What does it mean to Shepardize?"  Doh!  

Turns out he had not Shepardized his research.  Had he done so, he would have found that the only case he cited in his motion had been overruled (a BIG no no to cite an overrulled case).  So, the judge and the lawyers and the "justice" system weren't stupid, he, on the other hand was,...uh....well.....

I guess the moral to this story is, if you think you've covered all your bases and still can't figure out where you went wrong, maybe it's time to call in the experts.  That's right. When next you get in a bind with all things legal, why not head on over to your local county law Library and see if we can't help you see where things went awry.

Running with the Big Dogs

The other day I was reading an article on the 15 skills employers just expect people to have.  Number 8 was the ability to do online research.  The article stated, simply, that any fool can do research - just type a search in Google and you can find what you want.

Really?  It's that simple - just google it?  Do you realize how many people have tried to "just google" their legal work and were blown away by the judge or the clerk or opposing counsel? 

The thing is that research is not all that easy for someone who doesn't do it all day, every day.  Heck, even though I've been doing legal research for almost 2 decades, I still get stumped.  Take, for example the question an attorney asked me the other day.

Seems attorney had done some work on a case but was substituted out (client wanted to hire someone else).  Attorney decided that the work he had done on the case thus far warranted compensation - so he put a lien on the case (so that he could get paid when there was a settlement).  Fast forward a few months and the parties reached a settlement - except that the parties didn't bother to include Attorney in their settlement discussions.

Attorney now wants a copy of the settlement agreement but the parties refused to cough it up.  So, to the law library he went.  Yeah, I didn't have a clue what Attorney was talking about. What I did have were mad research skills - so, I first headed over to California Practice Guide: Enforcing Judgments and Debts (TR).  A few minutes futzing around liens and settlements, I see a small reference to intervention.  Back to Attorney I went but, turns out Attorney didn't want to intervene in the case - he just wanted a copy of the settlement agreement.

So, next moved over to Debt Collection Practice (CEB), looked in the Index under Liens, and found a notation for Intervention in pending action by judgment creditor, § 11.16 which really didn't help me but it did have a notation to California Code of Civil Procedure (CCP) § 708.470.  

I then looked under CCP § 708.470 in Deering's California Codes and found a notation under the Heading: Collateral References to look in California Forms of Pleading and Practice Chp. 318 (Judgments).  Without hesitation, I moved over to to California Forms of Pleading and Practice, pulled Vol. 27, Chp. 318 and, after a little perusing, found Sections 

• 392 (Notice and Motion to Apply Rights Under Judgement to Satisfaction of Lien)
• 393 (Declaration in Support of Motion for Order Applying Rights Under Judgement to Satisfaction of Lien), and
• 394 (Order Granting Motion to Apply Judgment Debtor's Property to Satisfaction of Lien)

...which was exactly what Attorney was looking for.

Did you see what I did there?  

1. First I started with a reputable secondary authority (Enforcing Judgments and Debts), to get a basic understanding of what I'm dealing with
2. Then jumped to another secondary authority (Debt Collection Practice) to get more foundational information
3. Followed by a primary authority (CCP § 708.470) to see what the law is
4. Followed by another secondary authority (California Forms of Pleading and Practice) which led me to what was wanted.

Start with something that tells you about the subject, move to the law, follow up with something that explains what the law is.  Four steps in little under 25 minutes.  Easy peasy, lemon squeezy.  

So, when you're ready to play with the big dogs and bone up on your legal research skills, head on over to your local county law library and we'll help you get where you need to be.

It's called rope

Today, as I was perusing the news feeds, I came across an article about rope.  Well, not rope, per se, but rope as in one group dolling out enough rope for another group to hang it's collective self.  

Seems the democratic party has finally realized that spiteful, hateful, angry, foolish, stupid, reckless speech targeted toward the POTUS after losing an election (rather badly, I might add) may cause rank and file people, who don't understand that politicians are a bunch of windbags, may cause said peoples to rise up and try to remove those in authority (i.e. every politician in DC). 

Such is the case in law and legal things and it brought to my mind a case that I worked on years back. Once upon a time, there was a Guy.  Guy had a wife and two beautiful children. One day, Guy was flipping through the mail and came across a letter addressed to his wife.  Turns out letter was written by an Admirer of wife.  I won't bore you with the details but after a little snooping, Guy finds out wife is in bed with Admirer - and has been for a few months.

Guy is seething but not so seething that he flips out.  Guy bides his time and collects evidence for his impending filing for divorce:

• Guy attaches a recording device to the phone and tracks her cell phone.
• Guy scans credit card bills
• Guy watches the flow of the joint bank account
• Guy hires a detective to take pictures of wife and Admirer.

Over the course of months, Guy amasses a mountain of evidence against wife, files for divorce, gets sole physical and legal custody of the kids, kicks wife out, and he and his kids have lived happily ever after, ever since.

While not all of my blogs end in a happily ever after, some of them do.  And while this is primarily a blog about the how of legal research, sometimes you don't need a whole bunch of resources.  Maybe just start with AmJur Proof of Facts. Yeah, that's the ticket.  Maybe look in volume 49 POF 3d page 277 (which basically lays out how to proceed against persons who have been faithless).

If you suspect that your significant other is sneaking around behind your back, don't flip out.  Instead, keep a weathered eye out for the signs of infidelity.  When you think you have enough (or have had enough), head on over to your local county law library and get your divorce on. 

We'll keep the light on for you.