I was recently able to debunk a myth I heard about Google’s duplicate content penalty. I am happy to report, under certain circumstances, you can put portions of one post on more than one blog without a penalty from Google.

My specific problem concerned a post I wrote that was relevant to more than one of my blogs. Occasionally, a post from LegalCoffee will also be relevant to my DUI blog, and my Criminal Defense blog. Thus, I would like to have that post appear on those sites as well. However, I had previously read that Google does not like something called “duplicate content.”  (also known as “Article Spinning”).  Google has stated that they will “penalize” sites with inappropriate duplicate content.

The reason I wanted to republish the post was I believed it added value to the readers of my other blogs, it was not for some “black hat” SEO value.  While trying to resolve the issue I had a difficult time determining what Google really meant by the terms “duplicate content.”  So, I put the question to my SEO advisor Steve Matthews. I wanted to make sure that I avoided any SEO penalties and follow the appropriate blogging etiquette.

Here were Steve’s recommendations:

• Re-title the post on my DUI blog;

• Keep the new post on the DUI blog very short;

• Quote the from post LegalCoffee liberally;

• Then ask readers to link over to LegalCoffee and read the full post there;

• Try to add at least one new idea;

• Possibly put a sentence at the beginning on both blogs saying “cross-posted at the AZ DUI blog.” (plus linking).

Click to Enlarge

What is the real fight about in a jury trial? Jurors vote their morality. That is, their moral view of justice. We make the choice that makes us feel better about our world. We are given information and then we make up our own interpretation of what that information means based our preexisting worldview. Our worldview actually changes what we believe is going on around us. We are all addicted to the images we create in our minds eye, despite the facts. Moreover, since morality is not the same for every juror, the real contest in a jury trial is which side’s story better embraces the collective morality of the chosen jurors. Think about the implications of this:

• Jurors don’t vote rationally.

• Jurors choose a verdict based upon their personal view of morality.

• Learning how and what a juror believes is justice (which is a type of moral view) is perhaps the most important task of jury selection.

• Most courts will not allow you to thoroughly question jurors about these issues because they do not see the relevance (or think these lines of questioning are too invasive).

AN EXAMPLE

A typical line of questioning in a DUI case is:

COURT: Do you think you can put aside any issues you have with the crime of DUI and follow the jury instructions?

POTENTIAL JUROR: “I think so.”

COURT: “What if we told you that it was the law and you had to?”

POTENTIAL JUROR: “Ok”

These questions certainly have some value. If someone desperately wants to get out of jury duty all they have to do is answer “NO”. If they stand by this answer they get to go home early. For everyone else, it does not really tell us much. Other than any hesitation demonstrated when answering the question, we do not learn anything about how they view the world. In fact, most people believe that they follow rules even when they do not. We don’t always see the world as it is.

ANOTHER EXAMPLE

Now, how about this line of questioning?

ATTORNEY: “Good morning. Have you ever heard the phase ‘if you make your bed, you have to sleep in it?’”

POTENTIAL JUROR: “Yes I have”

ATTORNEY: “Can you tell me if this is an example of what that phase means to you? Let’s say I need to be at a meeting and I am running late. I get in my car and I see my gas gauge is on red – my tank is almost empty. I make a decision. I am going to not stop for gas and see if I can make it to my meeting. So, I get on the road and start driving. After a minute on the highway I feel my car slowing despite pressing on the gas. My car stops in the middle of the highway. Cars are now passing me. I am stuck. Is that, in your mind, an example of making your bed and having to sleeping in it?”

POTENTIAL JUROR: “Yes it is.”

ATTORNEY: “So, I deserve what happened to me there”

POTENTIAL JUROR: “I believe you do.”

Now let’s add some more facts. A few minutes after I am stuck in the middle of the highway, a semi-truck is traveling behind me. The truck driver was texting, didn’t see my car and hits me. I am severely injured and can’t walk anymore. In your mind, since I took the risk (made my bed) do I deserve any consequence for taking that risk. Do I deserve to lose my ability to walk because I decided to drive when I knew I might not have enough gas?

POTENTIAL JUROR: “I guess not. No, you don’t deserve that.”

ATTORNEY: Is it accurate for me to conclude, based on your answers, that you see the world more grey than black or white.

POTENTIAL JUROR: “That is correct”

Which line of questions tell us more about the juror’s moral views of justice? Which line of questions are you more likely to be permitted to ask in court?
_________________
Side Notes

Two simple realities:

1. For you body – No oxygen, No life.
2. For your firm. No cash, No life.

The most overlooked, but most important metric for your firm is: “Net Cash Flow.” In order to understand “Net Cash Flow,” you need to understand the concept of “Cash Flow.”  ”Cash Flow” is the movement of cash into or out of your law firm. It shows how your firm (even if it just you) spends its money and where the money comes from (i.e presumably your fees.)

“Net Cash Flow” is the amount of cash remaining, after deducting cash outflows (money you take out of your operating account) from cash inflows (money you put into your operating account from fees.) The “Net Cash Flow” of your firm over a period is equal to the change in cash balance over this period: positive if the cash balance increases (more cash becomes available), negative if the cash balance decreases.

Put another way, it is the amount money available after you pay your bills (and yourself.) This cash is the lifeblood of the firm. You need to keep money in the firm because, unlike a doctor, your income will probably vary throughout the year. For example, you may have earned a similar gross income on the past couple of years. However, you may not have earned it at the same time during each year. Thus, you need a net cash flow to allow for such fluctuations.

The size of your overhead and you expected monthly income are the key factors in determining what type of Net Cash Flow numbers you need. The numbers are easier to figure out the longer you have been in business. If you know that the lowest gross income over a one year period is $20,000.00 and the highest is $55,000.00 is much easier to figure out your cash flow needs.

OVERHEAD + EXPECTED MONTHLY INCOME = THE NET CASH FLOW NEEDED

Every decision (D) you make combines two different things. The rational part of your brain (R) is one part of the equation and the emotional part (E) is the other half. Your decisions are based on the combination of the two parts working together. The combined result is something entirely different then if you were able to use only one part of the equation.  When you are mindful that your decisions have more than one ingredient, it helps you see the world as it truly is. Having the insight that your decisions involve more than just the rational parts of your brain is what we call: wisdom.

Sometimes the emotional part of your brain overtakes your rational part.  Common examples are:

• Did you ever eat something you know was not healthy for you?

• Have you ever yelled at someone when you should not have?

Identifying when emotion is overwhelming the rational part of your brain is what we call mindfulness.  Mindfulness is the first step towards wisdom.

I have heard lots of experts tell me their opinion as to what are the goals of jury selection.  Here is my view of the essential tasks of jury selection:

1. You identify a potential juror’s world views on the relevant issues; and
2. You attempt to eliminate those jurors that hold world views that will not permit them to believe your story.

Put another way, you want to categorize jurors into those who are persuadable and not persuadable.  Then you attempt to eliminate as many of the not persuadable group as possible.  While there are many other goals of jury selection, none of them are more important than these two.

Click to Enlarge

As you stand before the judge, you hear your opposing counsel say “your honor we have already addressed that issue, there is no need for those questions.  The jury panel has already been instructed on the law.”  The judge looks at you and in a low voice says “counsel your response?”

“Your honor, I am unclear as to the prosecutor’s concern.  As previously stated, I would merely like the court to ask the panel two very straightforward questions”:

• If you had to vote right now, without hearing any of the evidence, who here would vote Chris GUILTY?  Please raise your hand, if you would vote GUILTY right now?

• Conversely, if you had to vote right now, without hearing any of the evidence, who here would vote Chris NOT GUILTY?  Please raise your hand, if you would vote NOT GUILTY right now?

Your honor, everyone agrees that Chris is presumed innocent.  We all agree the burden of proof is on the State.  Simply asking the jury panel if they can demonstrate that they understand these fundamental concepts is something I would think the prosecution, the court, and my client would want to ensure.

The judge gives you a quizzical look and says “I see your point counsel.  However, these questions might require that we bring back every juror on the panel for individual questioning.” After a deep breath, you look at the judge and calmly say: “you are correct your honor, we might have to do that.”  However, that is a “getting-it-done” issue versus a “getting-it-done-right” issue.  The judge looked at you and said “very well counsel,” and then asked your questions.

When asked who here, if you had to vote right now, without hearing any evidence, would vote Chris NOT GUILTY?  No one raised their hand;  Not even the lawyer who was in the group of potential jurors.  Consequently, the judge tells the panel that everyone should have raised their hand when asked this question.  As anticipated, several people did have to be called in for individual questioning.  However, they all now understood the presumption of innocence.

Here are some basic SEO terms that lawyers need to know: article

People who study how jurors make decisions talk a lot about the amygdala.  Previously, scientists have concluded that the amygdala is the part of your brain responsible for fear.  However, like most things in life, this blanket conclusion is not entirely accurate.  Here is a much better explanation: Click

I bought a back support for my office chair at Bed, Bath and Beyond. It works wonderfully. It even has a heating function. However, I still feel that there is something wrong with it.

The item I wanted was the last one on the self. The cardboard packaging was torn in several places. Someone had attempted to recreate the box with scotch tape and staples. It was a less than artistic repair job. I picked it up and brought it to customer service. I asked if they had any more of them without the broken box.

The customer service person kindly looked in the computer. A few minutes later, she told me this was the last one in stock. I inquired if she new why the box had been ripped open. She then relayed, as if memorized from a training manual, a story about what “probably” occurred. I asked if there was a discount based on the condition of the package. Without missing a beat, the friendly clerk replied: “No Sir. You are paying for the product not the packaging.” I smiled and bought the produced at full price.

If you are paying for the product, not the package, why does the company spend so much money on the artwork, the shape, and the messaging on the package? Why was the one I bought, with the damaged package, the last one left in the store? For that matter, why do placebo drugs work for some people? These questions all have the same answer: the package is just as important, and many cases more important, as the product. The package tells us a story about the product. We are buying how that story makes us feel about the product.

Writing the best opening statement in the history of law on paper is an accomplishment. However, if you deliver it to the jury in a wrinkled suit, unshaven, and with the smell of whiskey flowing from your breath, chances are you will not persuade anyone. The package you have placed your opening statement in has affected its value. Despite the training manuals at Bed, Bath and Beyond, the package matters.

_________

Side Notes

Deep Narratives are story patterns that are repeated so many times, in so many different forms, that they become part of our subjective reality (many times, regardless of their truth). They become the building blocks of your world views.  Deep narratives become permanent structures in the brain. Scientists believe they actually affect your brain chemistry.

You can activate several deep narratives at the same time. This mental infrastructure contributes to the explanation of why several people can see the same event, and each believe something different occurred. For example, two witnesses see the same thing, but their recollection contradicts each other.