Mastering Motions to Compel

Celia C. Elwell, the Researching Paralegal, recently pointed to an excellent article in the ABA Journal entitled “6 Keys to Acing Discovery.” The article focuses on preparing for and arguing motions to compel. Post author, Katherine A. Hopkins, cites the following as keys to success:

  1. Avoid canned briefs
  2. Research the court procedures
  3. Research the judge hearing your motion
  4. Research opposing counsel
  5. Make the judge’s life easy
  6. Finally, don’t be a jerk

Read the full article here.

Your first reaction may be: this sounds like a lot of work for a “simple” motion to compel. Perhaps it is. On the other hand, research is something you only need to do once. If you’re in a firm or have a network of fellow practitioners, it should be easy to make a few phone calls about an unfamiliar judge or opposing counsel.

Knowing the court procedures? You better know the court procedures! If it’s been a while or you are new to a particular judicial district in Oregon, start with the OJD Rules Center. Scroll the page to find UTCRs, SLRs, and “other rules,” including the Oregon Rules of Civil Procedure. If you are a Multnomah County practitioner, the new updated 2018 Attorney Reference Manual is now available on the Multnomah Bar Association website. Get it toot sweet!

I can heartily vouch for the tips about making the judge’s life easy and not being a jerk. No one likes the latter. Don’t take the bait if the other side is contentious. Keep your cool and your reputation intact.

As for the judge, put yourself in his/her position. A straightforward, well-organized motion with clearly marked exhibits is a great start. Your argument should be the same.

All Rights Reserved 2018 Beverly Michaelis

Stress and Thanksgiving

You may feel there’s nothing you can do about stress.
The bills won’t stop coming, there will never be more
hours in the day, and your work and family responsibilities
will always be demanding. However, you have more
control over stress than you might think. No matter how
stressful your life seems, you can take steps to relieve
the pressure and regain balance.

Sage words from the Oregon Attorney Assistance Program.

Since Thanksgiving – and the holiday season in general – can be especially stressful, here are three stress management strategies to try:

  • Use a tool in the Stress Relief Toolbox. (Take a walk, get out in nature, listen to music, etc.) Pick an activity from the toolbox and do it. Best practices? Don’t wait for stress to build up – use one of these suggestions every day and add your favorites.
  • If you’re a list-maker, you may like the Stress Management Self-Help Checklist. It’s a good way to stay on track and remind yourself of the importance of managing stress as part of your overall health.
  • Last, but not least: if you’re trying to get a handle on the stressors in your life, consider keeping a Stress Journal.

For specific advice on how to cope with holiday expectations and holiday-related stress, review these articles from the Oregon Attorney Assistance Program:

If you’re not sure where to start, or want to talk to someone now, contact one of the attorney counselors at the Oregon Attorney Assistance Program (OAAP). Services are free and confidential.

All Rights Reserved 2018 Beverly Michaelis

See the Data Apple Has Collected on You — Via Ball in your Court

Two-and-a-half years ago, I concluded a post with this bluster: “Listen, Amazon, Apple, Microsoft and all the other companies collecting vast volumes of our data through intelligent agents, apps and social networking sites, you must afford us a ready means to see and repatriate our data. It’s not enough to let us grab snatches via an unwieldy […]

via Cloud Takeouts: Can I Get That to Go? — Ball in your Court

Meet the New Oregon Attorney Assistance Program

Well, not exactly. But meet the new OAAP website! Find events that meet your needs or speak to your interests, explore OAAP services, or learn more about the OAAP attorney counselors.

The OAAP can help with:

  • Well-being and stress
  • Anxiety or depression
  • Problem substance use
  • Compulsive and challenging behaviors
  • Career and lifestyle
  • Relationships
  • Challenging times
  • Planning for retirement

OAAP services are confidential and attorney counselors are on-call for urgent matters.

Help for yourself. Help for someone you care about.

If you are concerned about your well-being, or the well-being of another, the OAAP can help with short-term individual counseling, referral to other resources when appropriate, support groups, workshops, CLEs, and educational programs.

All Rights Reserved 2018 Beverly Michaelis