Keeping It Fresh

  • Law

In the comments the other day, a few of you mentioned that you like to surreptitiously insert movie quotes or song lyrics into your legal documents. What other kinds of things do you find yourself doing to keep things fresh? Do you and your colleagues have a running competition? Is there a certain phrase that you include in every brief? Is there a phrase you cannot stand? Do you try to get deponents to say a magic phrase? 

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Anonymous
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Anonymous
January 19, 2022 5:53 pm

Great line to use on opposing counsel being overly helpful to his client during a deposition, from Pulp Fiction: "I don't recall asking you a goddamn thing!" You have to say it just like Jules Winnfield. Gets opposing counsel right in line.

Anonymous
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Anonymous
January 19, 2022 6:10 pm
Reply to  Anonymous

Say what again! I dare you, I double dare you counselor!

Anonymous
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Anonymous
January 19, 2022 6:32 pm
Reply to  Anonymous

While clever, this will likely get you cited in a professionalism CLE somewhere along the line. Such as Joe Jamail. https://www.youtube.com/watch?v=ZIxmrvbMeKc

Anonymous
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Anonymous
January 20, 2022 12:52 am
Reply to  Anonymous

All shapes and sizes Vincent

Anonymous
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Anonymous
January 19, 2022 5:59 pm

I love "assuming arguendo" I hate "COMES NOW".

Anonymous
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Anonymous
January 19, 2022 10:25 pm
Reply to  Anonymous

New rule – if you use COMES NOW you also have to wear a powdered wig to match your antiquated pleading language

Anonymous
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Anonymous
January 19, 2022 10:38 pm
Reply to  Anonymous

I cannot stand assuming arguendo. It's worse than COMES NOW because nobody reads the COMES NOW part. Everyone reads your stupid assuming arguendo line.

Anonymous
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Anonymous
January 20, 2022 1:01 am
Reply to  Anonymous

Well that's just like your opinion man.

Anonymous
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Anonymous
January 19, 2022 6:09 pm

I struggle so much to frame and respond to my opponents' arguments when My Cousin Vinny's "everything that guy just said is bullshit" would be so much more accurate and to the point.

Anonymous
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Anonymous
January 19, 2022 6:29 pm
Reply to  Anonymous

@10:09
Say it! …and send me a copy of the brief.
I double dog dare you.

Anonymous
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Anonymous
January 19, 2022 6:12 pm

I will occasionally slip an "in the parlance of our times" into a brief in homage to Jeffrey Lebowski, aka The Dude or, uh, His Dudeness, or uh, Duder, or El Duderino, if you're not into the whole brevity thing.

Anonymous
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Anonymous
January 19, 2022 6:51 pm
Reply to  Anonymous

This is a time I wish there this blog had a like button for comments.

Anonymous
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Anonymous
January 19, 2022 7:34 pm
Reply to  Anonymous

*LIKE

Anonymous
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Anonymous
January 19, 2022 7:30 pm

While a law clerk I saw some whoopers…my favorite was a quote involving Humpty Dumpty with a proper citation to Through a Looking Glass, followed closely by a Hamlet quote albeit without proper citation.

Anonymous
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Anonymous
January 19, 2022 7:35 pm

Great thread, LawDawg!!

law.dawg
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law.dawg
January 20, 2022 6:13 am
Reply to  Anonymous

Thanks for the kind words, but i can't take credit for this thread. This was all Quick Draw!

Anonymous
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Anonymous
January 19, 2022 7:43 pm

I will let you in on a little secret. Many famous movie quotes are cited in published opinions. If you want to use the quote, cite the published opinion quoting the movie. Boom. Bona fide authority.

Example: "This cornerstone of First Amendment protections has been reaffirmed time and again by the Supreme Court, this Court, Texas courts of appeals, legal treatises, and even popular culture." Kinney v. Barnes, 443 S.W.3d 87, 90-91 (Tex.2014) citing THE BIG LEBOWSKI (PolyGram Filmed Entertainment & Working Title Films 1998) ("For your information, the Supreme Court has roundly rejected prior restraint.").

You're welcome.

Anonymous
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Anonymous
January 19, 2022 7:55 pm

The parties are advised to chill.

Anonymous
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Anonymous
January 20, 2022 3:55 pm
Reply to  Anonymous

LIKE

Anonymous
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Anonymous
January 19, 2022 9:14 pm

My favorite band is Motorhead and a couple times in oral argument in District Court I have used the phrase, in the words of the philosopher Lemmy Kilmister "x, y and z" but nobody smiled or got my reference. Just for fun, are any of you fans?

Anonymous
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Anonymous
January 19, 2022 11:51 pm
Reply to  Anonymous

Who would win in a wrestling match: Lemmy or God?

Anonymous
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Anonymous
January 19, 2022 9:35 pm

RIP Lemmy.

Anonymous
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Anonymous
January 19, 2022 10:25 pm

While clerking and observing a trial in my department, the flustered witness:
A: SHIT!
Attorney: Objection HEARSAY!
Judge: Sustained

Anonymous
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Anonymous
January 19, 2022 10:36 pm

I like the guy but watching Mike Myers sleeping on BlueJeans in Department 19 this afternoon has been a treat

Anonymous
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Anonymous
January 19, 2022 10:46 pm
Anonymous
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Anonymous
January 19, 2022 11:11 pm
Reply to  Anonymous

Boyd 2015 in the house!

Anonymous
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Anonymous
January 19, 2022 11:46 pm
Reply to  Anonymous

Anyone have the inside scoop on why Brad nuked his life?

Anonymous
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Anonymous
January 20, 2022 3:06 pm
Reply to  Anonymous

Honestly it sounds like he has an undiagnosed mental illness and needs help. Of course, copious amounts of alcohol doesn't help the situation.

anonymous
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anonymous
January 20, 2022 5:25 pm
Reply to  Anonymous

I agree; too bad he didn't get it before a bunch of clients were nuked as well.

Anonymous
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Anonymous
January 20, 2022 8:12 pm
Reply to  Anonymous

SBN persecuting yet another solo while propping up Biglaw. SO sick of this crap.

Anonymous
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Anonymous
January 20, 2022 8:20 pm
Reply to  Anonymous

Is Biglaw known for vanishing $260k in client funds? I agree that SBN tends to focus on easy discipline, and solos who couldn't afford Bill Terry (or his successor) are pretty easy fruit. But on the other hand, client funds are fucking offlimits.

Anonymous
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Anonymous
January 19, 2022 11:01 pm

Years ago I worked for a height-challenged lawyer who ordered me to write correspondence to plaintiffs' attorneys so that the left margin would line up in order to send a "hidden message" as shown below. Hours were spent attempting to scour up the creativity.

For
unless you
can
kiss
your
own
uranus

You get the idea. Right?

Anonymous
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Anonymous
January 19, 2022 11:59 pm
Reply to  Anonymous

Sounds like a Doug Crawford move.

Anonymous
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Anonymous
January 20, 2022 12:04 am
Reply to  Anonymous

Assuming that mean who I think you mean,
somebody is going to be disappointed if you
know what I mean.

Anonymous
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Anonymous
January 20, 2022 12:04 am

There is one local attorney who loves to use "height of hubris," "egregious," start sentences with "And" or "But," and regularly uses the phrase "chicken little cries."
His briefs read like a high school kid trying to sound smart. He is not a dumb attorney but his writing is awful.

Anonymous
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Anonymous
January 20, 2022 12:45 am
Reply to  Anonymous

And it seems you have not watched Finding Forrester.

Anonymous
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Anonymous
January 20, 2022 5:15 pm
Reply to  Anonymous

And what's the risk?

Anonymous
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Anonymous
January 20, 2022 6:34 pm
Reply to  Anonymous

I know who I think you are talking about. I find his writing entertaining and refreshingly fun to read if it is who I am thinking. I have quite a few cases with the attorney and know that he did not cut and paste his motions because they cleverly crafted to each case. I guess to each their own.

Anonymous
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Anonymous
January 20, 2022 12:13 am

One opposing counsel once used a phrase in a brief that was something like, Defendant is like the child who killed his parents so he could go to the orphan's picnic.

Anonymous
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Anonymous
January 20, 2022 1:20 am

A high school newspaper gossip column has more credibility than NPR. The story has been denounced as false by two justices of the USSC. We live in pathetic times. I'm starting to think Fox News is the most credible news organization that currently exists.

Anonymous
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Anonymous
January 20, 2022 2:25 am

Look at 5:20 trying to start a food fight that will get the whole string of comments deleted.

Anonymous
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Anonymous
January 20, 2022 7:02 am
Reply to  Anonymous

See you next Tuesday.

That's a pop culture reference, right? Totally on theme for today's topic and perhaps even responsive to 5:20, yes?

Anonymous
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Anonymous
January 20, 2022 5:25 pm

Looking for recommendations for a registered agent in NV – anyone you guys like who is good to work with?

Anonymous
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Anonymous
January 20, 2022 6:30 pm
Reply to  Anonymous

Pretty much any firm that does corporate structuring will also serve as a registered agent for the entities that they organize. My firm does it as a loss leader and service for our corporate clients.