Saturday, March 31, 2007

Watch out for ambiguous words: sanction

The word "sanction" needs context to clear up its meaning. Is it good or bad?

If a lawyer is "sanctioned" by the court, that's bad.

But if an action is "sanctioned" by its governing body, that is good.

Context determines the meaning.

Black's dictionary:

sanction: (noun) 1. official approval or authorization (the committee gave sanction to the proposal); 2. a penalty or coercive measure that results from failure to comply with a law, rule, or order (a sanction for discovery abuse).

sanction: (verb) 1. to approve, authorize, or support (the court will sanction the trust deposit if it is not against public policy); 2. to penalize by imposing a sanction (the court sanctioned the attorney for violating the gag order).

So, when a court issues a sanction, it could be either good or bad, depending on context. Confusing, huh?

Sunday, March 25, 2007

The Bank will not deposit your client's IRS check into your Trust Account

Here's why.

This lawyer STOLE the IRS tax refund check from a client of his law firm. He then forged the endorsement and deposited it into his own account. The check was worth nearly half a million dollars.

So, now if you go to deposit your client's IRS refund check into your Trust Account, the bank is very leary of the endorsement. The back will require the presence of your client at the counter, or the teller may very well refuse the deposit.

Thanks a bunch for nothing.

http://www.abanet.org/journal/ereport/m23indict.html

Tuesday, March 13, 2007

Funny? You bet

A few Policeman jokes.

POLICEMAN JOKE # 1

While taking a routine vandalism report at an elementary school, I was interrupted by a little girl about 6 years old. Looking up and down at my uniform, she asked, "Are you a cop?"
"Yes," I answered and continued writing the report.
"My mother said if I ever needed help I should ask the police. Is that right?"
"Yes, that's right," I told her.
"Well, then," she said as she extended her foot toward me, "would you please tie my shoe?"

POLICEMAN JOKE # 2

It was the end of the day when I parked my police van in front of the station. As I gathered my equipment, my K-9 partner, Jake, was barking, and I saw a little boy staring in at me.
"Is that a dog you got back there?" he asked.
"It sure is," I replied.
Puzzled, the boy looked at me and then towards the back of the van.
Finally he said, "What'd he do?"


Friday, March 09, 2007

Endnotes or Footnotes?

Avoid the error of referring to "endnotes" as "footnotes."

They both serve the same function, but endnotes appear at the end of an article, chapter, or book instead of the foot of the page.

Endnotes are harder on readers than footnotes because they require flipping through pages to locate references.

Unfortunately, scholarly journals and books increasingly use endnotes to simplify printing and to unclutter pages.

A hint from Bryan Garner.

Wednesday, March 07, 2007

Do It Right

"There is never enough time to do it right, but always enough time to do it over."


American Express Travel Related Service, Inc., v. Fulton, 2006 WL 1774196 (Cal. App. 4 Dist. 2006).