Rees Morrison’s Morsels #61 – Additions to earlier posts

No arbitration of disputes with clients. I was nonplussed to read that one large US law firm cannot agree to arbitrate disputes with clients. The firm’s malpractice carrier prohibits arbitration. The firm can agree to litigate disputes in any jurisdiction in which it has an office (See my post of Nov. 10, 2007.).

Notes struck on the keyboard of the reader’s mind. “Uttering a word is like striking a note on the keyboard of the imagination” wrote Ludwig Witttgenstein in 1945 in his Philosophical Investigations at 4, as quoted in Charles P. Curtis, Jr., and Ferris Greenslet, The Practical Cogitator (Houghton Mifflin 1962) at 523. The blog posts I write emanate outward like a note played on a piano, or perhaps chord is even more apposite, since each post has multiple messages. The header suggests the main message, but every point in the post has much context, like a penumbral spread in all directions. Each post has many facets; as I search for prior material that relates to a post I am writing, I keep noticing the layers of meanings and echoes from earlier ones (See my post of Jan. 4, 2008 for other reflections on this blog.).

Process maps for document reviews in litigation. A while ago I snorted at process maps (See my post of Aug. 28, 2005.). Others feel differently, or at least Novus Law does. That provider of “formulaic legal work,” according to Met. Corp. Counsel, Vol. 15, Nov. 2007 at 65, “mapped five major and 78 sub-processes, including more than 900 individual activities” in document review in litigation.

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