Update: How do we Resume Civil Jury Trials in Vermont

Here is more on that federal criminal trial described in my September 28, 2020 Post: How do we Resume Jury Trials in Vermont It’s based on remarks made by Chief United States District Judge Geoffrey Crawford today at a Federal Read More …

Remembering the Honorable Robert W. Larrow

“Have a great weekend, don’t do anything I wouldn’t do, and call if you need bail.” Read More …

How do we Resume Civil Jury Trials in the Vermont Courts?

We have no doubt, the ‘right of trial by jury’ spoken of in the constitution, and which it is said “ought to be held sacred,” means a jury as at common law, which consists of twelve men, and that wherever a constitution guaranties ‘the right of trial by jury,’ it is not competent for a legislature to reduce that number to six, or any less number than twelve; for the very theory of a trial by jury requires the unanimous consent of twelve men to the verdict.
Lincoln v. Smith, 27 Vt. 328, 358-9 (1855) (emphasis added).
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Think you Know all There is to Know About Negotiating? Think Again!

If there is one thing that almost all lawyers do, it is negotiate. Business lawyers do it. Litigators do it do it. Real estate lawyers do it. I suspect that even patent lawyers do it. Most of us think we Read More …

The Coronavirus Pandemic Has Irrevocably Changed the Practice of Law

The Coronavirus pandemic has launched a worldwide, mass experiment in the practice of law by remote means. Thousands of lawyers are working remotely for the first time, looking for platforms for depositions by video conference, scheduling video mediations, and much more.

We are engaged in a massive test to determine what works and what doesn’t. We will probably decide — or our clients will decide for us — that many of the in-person practices of the past are not essential.
Some lawyers will fail to adjust. But don’t be afraid. Buckle down and learn what you need to learn to adjust to the new normal.
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Question: How Many US Laws Are There? No One Knows!

Question: How Many US Laws Are There? I saw this question on Quora this morning and thought it deserved a serious anwer. Here is what I can say: No one knows. What is a Law?  Even the definition of law is Read More …

How the #Me Too Movement has Changed the Law of Sexual Harassment, Part I

This is the first of three posts on how the #Me Too Movement is changing of the law of sexual harassment. First, I’ll address generally the difficult nature of preventing such behavior. Second, I’ll summarize and comment on changes to Read More …

“Backwards and In High Heels”

 Ginger Rogers “did everything Fred Astaire did, only backwards and in high heels.” — Frank and Ernest I did not attend the July 13, 2018 Vermont Bar Association Trial Academy program that has generated controversy about comments that were Read More …

The Lawyer as Stoic

In the entrepreneurial world, there is renewed interest in Stoicism, the ancient Greek school of philosophy that taught that “virtue, the highest good, is based on knowledge; [that] the wise live in harmony with the divine Reason … that governs Read More …