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Member since 11/2004

April 11, 2005

The Final Period Before a Large Trial

Now you can all show this to your spouses, as well as keeping it in mind for all your cases. "Honey, look, the First Circuit recognizes that this is the life of a trial lawyer, why can't you?"

The final period before a large trial, like the trial itself, involves late nights, multiplying tasks and resulting confusions that are hard to imagine for one who has not experienced them. The burden upon the trial judge is scarcely less.

Young, et al., (Barry Scheck, Nicholas Brustin, Robert Mann: respondents) v. City of Providence, Nos. 04-1334 & 04-1360 (1st Cir. April 11, 2005).

While it is good to realize that the First Circuit panel (Chief Judge Boudin, and Circuit Judges Lynch and Lipez, with the opinion authored by Chief Judge Boudin) is aware of what preparing for a trial is like, it is even more important that we internalize this in each of our cases so as to try to avoid adding more tasks that could and should have been done earlier to those last minute inevitable ones.

On another note, this is an important Rule 11 sanctions case from the First Circuit you should all have at hand.

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