Exhibit Foundation Basics
Laying the proper foundation is the rock upon which you build your entire case. "Peru - Cusco 014b - Inca wall" by mckaysavage is licensed under CC BY 2.0 Preparing Each Exhibit Being able to lay the proper foundation for an exhibit starts well before the hearing. To be able to use something in court, ask yourself: Does the exhibit support your theory of the case? Does the exhibit add to, subtract, or muddy your argument? Is the exhibit duplicative? Has it been disclosed pursuant to applicable rules? Are there hearsay concerns th…
Data Meets Employee: Just-In-Time Scheduling
Data can be really useful for making the most of a company’s time and resources. It can lead to safer work flows, better regulation compliance, understanding improvement, minimizing risk, and measuring actual progress toward goals. With labor often an employer’s highest expense, data addressing employee habits and peak labor needs can help sew a strong thread of efficiency in day to day operations. With all the benefits that can come from modern data collection, data can also be viewed as over-intrusive, pressurizing, complicating, and lackin…
Tenant Protections During an Eviction in Idaho
Image by James Thompson on Flickr CC BY 2.0. In Idaho, eviction proceedings are called “unlawful detainer actions.” Idaho tenants are generally unable to withhold rent for any reason. If a tenant does fall behind on rent payments or violates other lease provisions, there are certain protections afforded under the law. Here are several things to keep in mind: 1. Expedited proceedings are only available for claims of non-payment of rent, drug activity, or tenancy at sufferance. I.C. 6-310 allows for a court date and decision within 12 days of fi…
The Will to Prepare
I recently had the opportunity to hear Larry Echo Hawk speak. Mr. Echo Hawk is a former Idaho Attorney General and served as the Assistant Secretary of the Interior for Indian Affairs under the Obama administration from 2009 to 2012. Mr. Echo Hawk shared an experience he had while playing football for Brigham Young University. Mr. Echo Hawk’s defensive coach was LaVell Edwards who recently passed away . Coach Edwards taught Mr. Echo Hawk the following idea: It is not the will to win that matters, rather the will to prepare. It was obvious …
Establishing Justice in Both Fertile and Infertile Soil
The Preamble to The Constitution of the United States reads as follows: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The first step taken by the Framers in seeking a more perfect Union was to “ establish Justice .” Justice with a capital J. As noted by Andrew R. Sh…
Stalking Protections in Idaho
Being on the receiving end of unwanted intimidation, surveillance, or communication can affect every moment of the victim’s life. But how does the everyday understanding of stalking differ from federal and state legal definitions? How is stalking combated in rural communities? What protections exist for stalking victims? Federal Stalking Definition Given the federal government’s constitutional authority, 8 U.S.C. § 2261A focuses on interstate acts that have “the intent to kill, injure, harass, intimidate, or place under surveillance with in…
How Having a Child in the NICU Has Made Me a Better Attorney
Earlier this year, my brand new baby girl spent the first 28 days of her life in the Neonatal Intensive Care Unit (NICU) after being born 7 weeks premature. Rural Idaho has several excellent hospitals with NICU facilities. My daughter is doing great now, thankfully, but this experience taught me a lot about what matters most and how to care for people. Some of those lessons apply directly to the practice of law. Lesson 1: Helping those most vulnerable means listening to what they are telling you. Premature babies are constantly sending out sig…
3 Ideas to Make the Most of Drive Time
As an attorney practicing in predominantly rural areas, I drive a lot. It is not uncommon to spend 6 hours behind the wheel on a day when I have court or in-person appointments in a secluded county. For someone who already feels like my schedule is packed, taking that much time to drive somewhere can be frustrating. Out of that sentiment, I have developed several ideas to make the most of those days. Photo from Peter Black on Flickr CC BY-SA 2.0. Pre-Travel Checklist Developing a list of what needs to be brought makes for less prep-time and l…
Ecliptic Thoughts: Combining the Ordinary to Make the Extraordinary
The town I live and practice in was in the path of totality for the eclipse this past Monday. It was a life-highlight. I watched the crescent sun fade in my black glasses to nothing. I took off my glasses to find this in the sky: I inexplicably wanted to cry and cheer and hug everyone around me. I could see planets and stars. The temperature dropped. 11:33 a.m. became twilight. I can not overhype what I experienced. The exactness of everything that made it happen left me feeling the divine order of our universe. That said, after the eclipse p…
Immigration Rhetoric and Political Correctness
In 1980... (see video below) I have grown frustrated with the improper entanglement of being pro-American and anti-immigration. This applies to both ends of the political spectrum. Life is too complex and nuanced to reduce down to a one-size-fits-all-bumper-sticker answer. I think the over simplification and subsequent tribal chest pounding does a disservice to all involved after either side picks which outrage to use to ignite their base as opposed to presenting real solutions to problems. The way we talk about immigration is a great case-stu…
Can my landlord evict me via trespass in Idaho?
If you are a tenant in Idaho, you are expressly exempt from being trespassed off the rental property you occupy. Idaho Code 18-7008 states in part the following: Every person who willfully commits any trespass, by either . . . (8) Every person, except under landlord-tenant relationship, who, being first notified in writing, or verbally by the owner or authorized agent of the owner of real property, to immediately depart from the same and who refuses to so depart, or who, without permission or invitation, returns and enters said property withi…
Don’t Overlook Idaho Code 55-208 and 55-307 in Landlord/Tenant Law
In my opinion, Idaho Code 55-208 and 55-307 are the most overlooked statues in landlord/tenant law in Idaho. Typically, people go straight to Idaho Code title 6 chapter 3 when looking for answers to landlord/tenant issues. While that chapter includes key provisions regarding eviction, repair, and security deposits, 55-208 and 55-307 address two key situations that happen perhaps more regularly than all those situations combined. Idaho Code 55-208 55-208. TERMINATION OF TENANCY AT WILL. A tenancy or other estate at will, however created, m…
Figuring Out the Picture in your Client’s Head
In case you didn't know, I love Stuart Diamond’s book on negotiation called Getting More . I reference the process in that book at least weekly, if not daily. My copy sits on my desk at work and is often where I turn when confronted with an issue that I don’t know how to address. That isn’t to say it is the source of all knowledge, but the process therein has helped me collect the relevant pieces of a problem and evaluate the situation in ways that can lead to better outcomes. And when you are a professional problem solver, like attorneys …
The Decided Are Always Gentle: Lawyering Advice from James E. Faust
I recently read a talk by James E. Faust given in 2003 to the J. Reu ben Clark Law Society . Mr. Faust was a World War II pilot, the President of the Utah Bar Association, on President Kennedy’s Lawyer’s Committee for Civil Rights, and in the Utah House of Representatives as a Democrat. In 1978 he left his profession as a lawyer and served the remaining years of his life in the leadership of the Church of Jesus Christ of Latter Day Saints. The remarks I read were called “Be Healers” and are available HERE . His thoughts showed great humilit…
Using Tone to your Advantage
I play the guitar. It is one of those non-law-related things in my life that keeps me sane. If you’ve ever played or seen an electric guitar, you’ll know that there are knobs on there, like these... The knobs control the volume of the guitar’s output and the tone , or sound of the guitar through the amp. Tone knobs appear not only on the guitar but on guitar effects, that can substantially change how the guitar sounds... And even on the guitar amplifier, which is what projects the guitar’s sound to the world... Tone knobs can be wired to do d…
3 Lessons from a Terrible Job Interview
After graduating from law school and taking the bar, I was interviewing for jobs… like it was my job. Image by Jonathan Mueller on Flickr CC BY 2.0. Some interviews went well. And then, of course, some didn’t. Some were obviously my fault: insufficient prep, fatigue, applying for jobs I knew I wasn’t a good fit for, blanking on softball questions like “what classes are you taking this semester?” Others, however, were not my fault: an interviewer singing a derogatory song about my faith, another complaining about women applicants getting pr…
Legal Business Marketing: Viral Videos and the Legal Advertising Paradigm
Legal advertising has a standard format that is problematically recognizable. Since the flood gates were open to attorney and law firm marketing in 1977, massive amounts of money and time have been invested into soliciting clients. Though the Court’s intent in allowing such advertising was for public good, many feel as though the law and legal profession as a whole has taken a black eye from this new found ability to advertised. This essay aims to examine the current form of legal business advertising, how it was developed, and how it might su…
Creating a Better Initial Client Interview
Initial client interviews are important for a lot of reasons. Here are two ways you can create a better initial interview no matter which side of the desk you are on. Understand the Purpose of the Interview Understanding the why of something can greatly influence the what and the how. As for initial client interviews, “[t]he purpose … is to obtain as much information in respect to the situation presented by the client … [and] to sell the attorney’s services.” By moving from an unstructured and reactive interview to one that is pointed …
