Disconnecting Credibility

Disingenuous is an interesting word. Technically it means someone lacks candor or is giving a false appearance of being frank. I used to think it meant someone was lying, but it really means that they are telling a half truth. Lying is when someone fabricates, fibs, prevaricates, perjures, deceives, dupes, fools, hoodwinks, tricks, falsifies, or misrepresents. Discussed below is one way to disconnect a lawyer’s credibility when he or she is being disingenuous or outright lying.

Disingenuous lawyers think they meet or exceed their NRPC 3.3 duty of candor even though they make materially false statements of fact or law. To these lawyers, a half (or a third) of the truth is just “effective advocacy” or as some salesmen say -- “puffing.” The Nevada Supreme Court described puffing in Bulbman, Inc. v. Nevada Bell, 825 P. 2d 588 (1992) as representations as to the reliability and performance of the system, thus puffing constitutes mere commendatory sales talk. Such “lawyer sales talk” has become commonplace in selling their client’s position. Unfortunately, there are lawyers who don’t know the line between puffing, half truths and outright lying.

Disingenuous lawyers think they are the smartest guys in the room because they know that it takes a ton of time to disprove a half truth and trial judges really dislike what can appear as mere bickering among counsel. The Nevada Supreme Court took a dim view of half truths. In Sierra Glass v. Viking Industries, 808 P. 2d 512 (1991), the Nevada Supreme Court referred counsel to the bar for sanctions where, at trial, the attorney read only part of the deposition into evidence and intentionally left out testimony of the deponent stating that the deponent resided in Las Vegas when the residency of the deponent was important to the issue of whether the deponent’s employer conducted business in Nevada. The Court said that what the lawyer thought was “clever lawyering and proficient advocacy was nothing other than a fraud on the court in violation of SCR Rule 172, (SCR Rule 172 is now NRPC 3.3) (a lawyer shall not knowingly make a false statement of material fact or law to a tribunal). The Court went on to say that counsel “clearly confused the concepts of effective advocacy and fraud.”

To counter disingenuous opposing counsel, you must disconnect their credibility by first restating the half truth. Unfortunately, this forces you to repeat it. Then you must disprove it by articulating that although part of what opposing counsel has said is true, most is a lie. You must do all of this without actually calling opposing counsel a liar because judges hate to be put in the position of deciding which attorney to believe. You must also do this in the shortest possible number of words.

The two column opposition or reply is an effective tool in disproving a half truth. Summarize the other party’s motion or opposition in the left column and put your client’s position in the right column. This technique puts perspective on half truths. An example is provided below. The two column approach allows lawyers to highlight the half-truths without bickering with counsel. Effective writing must show the judge what is wrong, as opposed to telling the judge. With citations to the record supporting your statements, counsel can effectively show the judge opposing counsel is misleading the court without engaging in unprofessional banter between counsel.

Disconnecting the other lawyer’s credibility, i.e., refuting half truths, is a powerful skill because it not only helps your argument but it also builds your credibility and reputation with that judge. Once the judge catches on to opposing counsel’s disingenuous arguments, opposing counsel has lost that argument, damaged his or her reputation and you have increased your credibility.

I. Smith’s Statement of Facts		Jones’s Reply
1. Smith always recognized that he was obligated to increase the payment amount owed under the contract when expenses increased.		Smith never recognized an obligation in increase payments owed under the contract.
2. Jones knew about the potential of an increase in expenses.		This is not correct. There is no evidence of any notice to Jones that expenses might increase. This is an example of ipse dixit—they say it is true, so therefore it must be true. If this was a correct fact, Smith would have attached an exhibit or affidavit or declaration to their pleadings.
3. On 2/20 Acme sent an email to Robinson stating that: --Smith and Jones had disagreements		Smith takes this fact out of context. First, in his deposition, Smith admitted that…..

STOP Using Affidavits

Affidavits (which require a notary) should only be used if you want the person to prove who they are in front of a notary.

"Declarations" (which do not require a notary) should replace Affidavits in Motions and other pleadings.

NRS 53.045 was added to the NRS in 2001 and it specifically allows this change (see statute below). This is a form.

DECLARATION OF __[__insert name_____]____

I, ______[insert name]____, am submitting the following facts in support of [plaintiff/defendant’s {insert name of pleading}] declare that I have personal knowledge, unless stated otherwise, and am competent to testify to the following facts:

I ….

The …...

I declare under penalty of perjury under the laws of the State of Nevada (NRS 53.045 and 28 U.S.C. § 1746), that the foregoing is true and correct.

EXECUTED this ____ day of July, 2008.

_________________________________

[Insert Name]

The first paragraph is language is required by EDCR Rule 2.21(b) and NRCP Rule 56(e). The facts must be admissible into evidence (no hearsay), they must show that the person signing is competent and all documents referred to herein must be attached.

NRS 53.045 States:

Use of unsworn declaration in lieu of affidavit or other sworn declaration. Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:

1. If executed in this State: "I declare under penalty of perjury that the foregoing is true and correct."

Executed on this __ day of ___, 20__

2. If executed outside this State: "I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct."

Executed on................................

(date) (signature)

(Added to NRS by 1993, 2741; A 2001, 2349)

The Nevada Supreme Court in Buckwalter v. Eighth Judicial Dist. Court, 126 Nev. Adv. Opn. 21, 234 P.3d 920 (2010) held (without citing Federal pre-emption mentioned below) that even though NRS 41A.071 requires an affidavit (an affidavit of an expert must be filed with a medical malpractice complaint), NRS 53.045 (which allows the use of a declaration instead of an affidavit) trumps the affidavit requirement in any statute.

For anyone that reads this far, the Nevada Statute was enacted because of a Federal statute (enacted in October of 1976-we are prompt in Nevada) that mandated this change:

28 U.S.C. § 1746. Unsworn declarations under penalty of per­jury

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:

(1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”.

(2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”.

Pharmacist Liability: Should you Use Foam Boards During an Appellate Argument?

SANCHEZ VS. WAL-MART STORES. On March 2nd, 2009 I used several foam boards to argue a case in front of the Nevada Supreme Court.

The top board explained that for 40 years in 8 Nevada Supreme Court Cases the Court has held that bartenders are not liable to persons injured by drunk customers. The Court's previous analysis was that injuries were not proximately caused by serving drinks. The customer's drinking and driving was a superseding, intervening cause of the injuries. Greg Sanchez was killed by a woman who was a prescription narcotics abuser. Seven Las Vegas pharmacies continued to dispense narcotics to the abuser AFTER notice from a Nevada State Task Force that she had been taking 4500 pain killers over the last few years.

The pharmacies took the position that pharmacists are just like bartenders. They dispense the drugs just like a bartender dispenses drinks. Bartenders are immune from lawsuits thus pharmacists should also be immune for dispensing narcotics to a customer who drives and kills someone.

What I tried to do is use the above foam boards during the Nevada Supreme Court argument to retain bartender immunity while opening the way for pharmacists to be held liable. Basically, I showed that this is not a causation issue. It is a duty issue. Foam boards allowed me to discuss the elephant in the room as part of my opening remarks. The elephant was attached to the main board by velcro. I ripped the elephant off to begin the discussion that pharmacists are not like bartenders. I explained that the previous line of cases from Hamm to Snyder were improperly decided on proximate cause grounds because drinking and driving was not unforeseeable. I went on to explain that this was a duty issue.

As shown in the lower board, I moved the Hamm through Snyder small board up so it was under duty instead of under proximate cause. This allowed me to argue that the Court could determine that there is no bartender's duty to injured persons, thus keeping bartenders immune from liability, while opening the door to show that pharmacists, who have received written notice from the Task Force that the customer is a potential abuser and are regulated by 10-15 statutes and regulations, have a duty to injured 3rd parties. I was able to argue this appeal visually and with no notes because the information was on the foam boards--it was a foam board powerpoint!

This was an issue of first impression in the country. Should the pharmacies bear some responsibility for the death of Greg Sanchez when the pharmacies have actual knowledge that their customer is a prescription abuser? The burden/duty is minimal -- call the abuser's doctor to verify the narcotics prescription or just not fill it.

Use of foam board powerpoints allowed me to create a visual that helped me explain my argument.

Cross selling estate planning - What do you say to a client?

What do you say if a client asks you "Why do I need a trust?"

Here is a script [use CASE acronym]:

The benefits of a trust are:

1-Confidential-your will & property are not public record
2-Age control-you can give 1/3 to your child at 18, 1/2 the balance at 25 and the balance at 30. If you don't have a trust, the child gets it all at 18.
3-Save money-the cost of probate is about 5% of your estate. For about $2,000 you save 5% of the value of your estate because no probate is needed.
4-Estate taxes-if the client is married, there is an estate tax saving.

Tell the client "Trusts and estate planning are not my specialty, but I can have _______ our expert call you & answer your questions?"

What to say to people

When you go to an event, please
DO THE FOLLOWING
1--Have 20 business cards within easy reach (eg shirt pocket or purse). Hand out business cards to the people at the table.
2--find out the names of the other people at the table and get their business cards.
3--Start a conversation by asking them about themselves:
     a--How long have you lived in Las Vegas?
     b--Where are you from?
     c--Why did you move here (or what brought you to LV?)
     d--What kind of work do you do?
4--wear a badge with your name and firm on it. 
5--dress like you are going to a jury trial I.e., 
       Men: wear a suit & tie
       Women: wear jewelry and dress appropriately (this is hard to describe-- court, wedding, etc.)

DO NOT
Sit around very long with friends or co-workers and just talk to them!

AND--NEVER ask women if they are pregnant or "How long before delivery". Ask my friend, Al Marquis, "Why?" for more info on this issue.

What Attorneys Should Tell Their New Secretaries-Part 1

The main reason secretaries don’t do what they are supposed to do is that their boss does not tell them what is expected.

The list below is intended to be updated by you AND YOUR SECRETARY every few months so your secretary knows what you expect.

1. Appointment Calendar. Please keep my calendar up to date.

2. Appointments – I like my Assistant to calendar all matters--personal and business, including appointments, lunches, dinners, reminders etc. You have absolute authority to calendar anything from 9:00 a.m. thru noon and from 1:30 p.m. to 4:00 p.m. on Mondays and Wednesdays. On Friday mornings I like my appointments from 9 to noon only. I prefer lunches to begin at 11:30, but 12:00 is OK. I like appointments about an hour apart, but not for an hour after any court appearance and/or lunch. However, if I have court, the client with the next appointment should be told that I may be delayed. I try to save Tuesdays and Thursdays to do paperwork. Therefore, I like to be asked if I want an appointment set on Tuesday, Thursday and Friday afternoons. I usually will "OK" the appointment, so if I'm not around and the client has to get in to see me, go ahead and make the appointment, but tell the client that you or they will have to call back to confirm. If this is a new client, you should check conflicts before I speak to them. It is embarrassing to start talking to them about their problem only to discover that they are being sued by one of the other attorneys in the office. If I have an appointment with a current client, I like their file pulled prior to the appointment. I would like you to review my calendar 7-14 days ahead (everyday) so you are aware of conflicts (and handle them or ask) and so you can correct matters that have changed. Always confirm appointments on the day of the scheduled appointment and inform me that confirmation has been made. When making appointments, take into consideration where I’ll be and factor in the drive time, i.e., do not make an appointment on the opposite side of town from another appointment. Also, please give me driving directions to each appointment via Google Maps. Better than that, call and get directions from the person I am going to see.

3. Calendaring – When entering anything on my calendar make sure you enter it correctly, using the file number and name. It will be much more convenient for me to keep track of that time without looking up that client’s info.

4. Hearings – Please indicate on my calendar who will attend a hearing when an associate is working with me on a case. If I am to attend alone, just put my initials. If I am attending with the associate, put my initials and the associate’s first name parenthesis. (PSA/Julie W.) Do not use the initials of the associate because I do not know them by their initials. Always write out their full first name and then put the initial of their last name (as seen above). Please also make sure that all the documents to the hearing (Motion, Opposition, Reply) have been previously scanned in the computer and are available.

5. New clients – When calendaring a “new client” consultation, first check conflicts and be sure to put “M&A NEW TIME - PSA” for the file - File # 2-7. Include Attorney Meetings and Shareholder Meetings as File #20-7.

6. Travel – Do not calendar any appointments for me the day before I am to leave on a trip unless I approve of it first. When you have made travel arrangements for me, ask me if I need a rental car. Please ask ahead of time for directions from the Airport to the Hotel. Print out driving directions for me every time using www.maps.google.com. When booking my flight, please input my flight information into my Outlook calendar so that I can see the date and time of departure and arrival ahead of time. I prefer flying Southwest Airlines unless otherwise specified. Please give me my SWA itinerary, boarding pass and hotel itinerary the day before I leave, along with the driving directions to and from the hotel to the airport.

7. Roll Call – When I am going to be out of the office, make sure that it is on roll call. I want the roll call to indicate where I am that day. If I am out for vacation, then it should say “Phil Aurbach – Vac” or if I am at a seminar, mediation, arbitration, deposition… etc then it should say “Phil Aurbach – Out (depo/seminar/med/arb, etc). That way people know where I am that day. Also, send out an email a couple days before I leave to all attorneys letting them know when I will be gone (giving dates) and to please get with me prior to my departure if there is anything they need.

8. Calendaring Things to Review.

a. Include on my Calendar the due date for responses, such as an answer to complaint or response to motion by me or by the other side. I really appreciate the "double check." This lets me know you are watching deadlines for me.

b. When I do something on a file, please ask me for a review date if I don't remember to give you one. Also ask whether I want the file pulled on the review date or just be reminded to review the file and why, e.g. 3/1/96 RV file to see if we received a response to my demand letter, interrogatories, etc. Put this in my calendar.

9. Every day look at each appointment scheduled for the next 7 days and make sure they have not been canceled OR moved, i.e., that they are still valid. If they have been canceled, please be sure, if they are on the group calendar (conference rooms), to take them off as soon as the appointment is canceled in case someone else in the office needs to reserve the room.

10. E-mails - you do not have to respond to every email I send you acknowledging receipt of same. Only respond when there is a question asked or information needed.

11. My Desk. Please check and pick up things from my "OUT BOX" every couple of hours. It makes me feel more organized when my OUT BOX is empty. Also, always bring in a pad and pen when you come in - just in case, for notes or instructions.

12. Telephone Calls. When people call in and ask for me, say: "I'm not sure if he is in the building, may I tell him who is calling? [Then ask] May I tell him what this is regarding?" Also, if they haven’t already told you, ask “who referred you?”

a. If they won't say, but they want me to call them back, you are authorized to then tell them “that Phil sometimes won't return the call if the caller won't give me more information or explain the reason for the call.” And if they only give you there first name (for example: Andy) say, “He knows 5 Andys and I am not supposed to even give him messages if I don’t get 1^st, last name and what its regarding. We have had attorneys in the office who returned calls to someone our client was suing then tried to disqualify us because we spoke to someone who called & didn’t leave their name and what the call was about. I hope you can see why the firm has this policy.”

b. If they tell you what they are calling about and I can't take the call at that moment, tell them that I am on another line or with clients and get the correct spelling of their name and their correct t/p number. It is embarrassing for me to call someone I know and mispronounce their name because I am reading a major spelling error on your phone message e.g. if you tell me Jim Bradshaw called instead of Jim Bradlow. If the caller has left a voice mail message and you are not able to ask for the correct spelling, please indicate in your email message to me that you are not sure of the spelling by indicating with this: (sp?) that way, I’ll be able to indicate I’m not sure of the correct pronunciation. If you come across a hard to pronounce name and it doesn’t sound anything like it is spelled, give me a phonetic spelling of the name. That will help me out also.

13. Tell me when a secretary (instead of the client, attorney, or friend) is on the line. It can be very embarrassing when I say "Hi Jim, has your secretary found out she’s getting fired?" (or something else personal to Jim Bradlow when I pick up the phone) and then I find out it's his secretary on the line waiting ‘til I get on the line to put him through. Let me know if it's a long distance call on the line. I might want to take it even if I'm busy since it would be "on their dime."

When initiating a conference call I like to be the LAST person that you add to the conference. Also, please remember that our phone system only allows the initiating caller to conference in 5 people. Example: You initiate the call to Joe, Tom, Bill, Mike and Bob. This is the max number of people that you can have the call, so it will be impossible for you to conference me into the call; therefore, you must only have 4 people on each call because I will be the 5^th person to be conferenced into the call. If there will be more than 5 people on the conference call, you can use our conference call dial-in system. You will give the participants the toll free number to call at an allocated date and time (1-866-228-9900) then you will give them their guest code to enter. You will then call the toll free number at the allocated date and time and enter the host code. Each person should then be on the line waiting for the call to begin. You can then transfer this call into my office. After using this service you will get an e-mail from the software company. Forward this e-mail with a client number in the subject line to bookkeeping.

14. Timesheets. I enter my own time into our system, but I need you to remind me what came across my desk such as affidavits of mailing, notices of motion etc. Open a “new” email at the start of your day to log incoming/outgoing faxes, drafts of letters and pleadings to help capture as much of my daily billing as possible. Put the file # first, the case name in ( ) and write the entries in, i.e. 1557-22 (Ajax) Receipt and Review fax from Smith regarding confirmation of depositions set for October 4^th and 5^th, 2006. Send this to me at the end of your day in case I forgot to bill for reviewing these matters. Please "bug" me if I procrastinate getting my time into our system. I think you are organized and "watching out for me" when you do this.

15. Notes. I sometimes give verbal instructions. I really like to see you take notes on a yellow or steno pad and then cross off each one as you do it. This makes me feel like you are organized and that you will remember the instruction so I can put it out of my mind.

16. Mailing Boxes/Packages: DO NOT SEND ANY PACKAGES/BOXES I GIVE YOU BY US MAIL. ONLY SEND VIA FED EX OR PRIORITY MAIL.

17. Transcription tapes. I usually like assignments transcribed the same day or by the next day. I feel much more organized when I know my dictation gets typed the same day. I also like you to read the rough drafts and pencil or redline your suggested changes. That is, read for content as well as spelling and grammar. Please proofread and use spell check!!! If I have given you a tape at the end of the day and have told you I need it done before you leave...if you have only spell checked the document and not proofread it, TELL ME THAT on the draft so it won’t bug me while reading the document and I find errors in content, etc.

18. Rough Drafts. I like you to attach exhibits, enclosures, or attachments to the rough draft of letters, affidavits, pleadings, or documents. That way I can double check that we are sending the right exhibits to the right person. The fewer errors, the more confidence I have in my Assistant. Make sure nothing goes out without my initials or signature showing I reviewed it.

19. Use Colored Folders.

a. Green Folders. Review - Put rough drafts you transcribed or other documents that associates have drafted and need to either be revised or initialed by me in a green folder labeled "To do."

b. Red Folder. Urgent correspondence, pleadings or documents should be placed in a red folder labeled "Rush." Put this folder on my chair so I see it when I sit down.

c. Manila Folder. Junk Mail - Open my junk mail and put it in a separate, manila folder labeled "Junk Mail" and don't paperclip it--staple it if you need to attach some of the papers together.

d. Yellow Folder. Mail - Open it and put it in a separate, yellow folder labeled "Mail."

e. Blue Folder. For Signature - I like these placed in a blue folder labeled "For Signature."

f. Purple Folder. Faxes – I would like the faxes that arrive throughout the day stapled and placed in this purple folder for my review. Do not forget to print out the initial fax page that states where the fax is coming from and the date so that you can put the correct file number on it and send it down to billing.

Part 2- What you should tell a new secretary

21. Files.

a. I like my pleadings files organized as shown in the office or secretary manual--only one row of tabs on the side, don't have proof of service as a separate tab, just on the bottom of the particular pleading. I like, if possible, a motion, opposition, and reply to be all in the same file--although I know sometimes this is not possible. Pleadings files should be labeled 1, 2, 3 etc.

b. On the day before a hearing, I like the file pulled, check to see if there is proof of service, and put on my desk. That way I don't panic trying to find a file 5 minutes before court.

c. I get off center if I can't find a file. Usually it's buried on my desk or at my house, so I try not to focus my frustration on my Assistant, but the fewer times this happens, the more I feel that my Assistant is really organized.

d. If a file gets too thick please make another file.

22. Clients. I really like you to know who my clients are and the status of their case. That really impresses me. It usually impresses them and I hear about how great my Assistant is from my clients. This makes me appreciate my Assistant.

23. New Clients. Please check conflicts before setting an appointment for a new client to come in and before you give me a phone message to return a new clients call. If a potential conflict does come back, when you send it to me via email, please say: “On the conflict check for (whomever), So and So came back as a client of M&A for 3 weeks in 1999. The file is currently closed (or open, whatever the case may be). All new clients that come into the office must fill out a New Client Information Form. Please make sure you get any referral information at that time also. (i.e. who referred them to this office). There is a $400.00 fee for Initial Consultations, although I sometimes waive this fee. After conflicts have been checked and a blue sheet has been completed, you must add the new client to my “Current Case List” which should be updated on a weekly basis.

24. Miscellaneous Inquiries and Correspondence. I like a file created called Miscellaneous Inquires- (year) and one called Miscellaneous Correspondence - (year). They should go to the file room at the end of February of the next year and new ones started for January 1, (year). Miscellaneous inquiries should also go on our billing computer as a cross reference in case another attorney starts to take a case for an adversary of the person I met with as a miscellaneous inquiry.

25. Case List. I would like for you to get a status report from each attorney I am supervising.

26. Rolodex. I keep all of my phone Contacts in Outlook. Periodically I will tell you to add or update t/p numbers or addresses of friends, family or other numbers that you might need or I have used in the past.

27. Things to Do List. When things start to get busy, I like you to have a yellow pad "things to do" list so I can go over the priorities periodically.

28. Vacation and Sick Days. Before you go on vacation or if you call in sick, please have someone handle these duties and send me an email or voicemail as to who you picked to:

a. answer my phones,

b. check my email,

c. check my voice mail,

d. check your voice mail,

e. open and sorting my mail,

f. check my calendar, scheduling appointments, etc.

29. Office Manual. Please read the office and secretary manual several times. They contain a lot of useful information.

30. Ask Questions. I am open to questions; even ones you might think are too trivial. I would rather spend the time to do things right the first time.

31. Helping Others. I appreciate it when you help other secretaries in the office. If you think there will be a conflict in getting my high priority work done as well as the other attorneys' work, please come discuss this with me so I can talk to the other attorney and he or she and I can prioritize our work.

32. Nose to the Grindstone. I get irritated when I perceive (whether based on the true facts or assumptions) that my Assistant is making too many personal phone calls or is having frequent and extended personal conversations with other co-workers. I will usually say “lets get back to work” before I come unglued.

33. Priorities. When things in the office get busy or I am preparing for trial, etc., I prefer my IN BOX to only contain P1s and P2s. All P3s should be kept at your desk until things slow down or I have a moment to review them.

34. Being out of the Office for Appointments, etc. Please send me an email that you are leaving for the afternoon or that you will be gone for awhile for a doctor/dentist appointment, etc. Do not assume that just because it was on Roll Call for that day I have seen that information. That, plus it is easy with so much going on during the day that I may have forgotten you have the appointment and need to be reminded. If your appointment is in the early morning and you will be in late, please call the receptionist and have her send me an email reminding me that you will be in late.

35. I like my secretary to be at her desk. If you have to be away from your desk for any extended length of time (to send a fax, meet a client in the lobby, etc.), please email me where you are going. Have the runners do as much of your large copy jobs and faxes as needed.

36. Following up. There is always follow up to do on files whether for Mediation/Arbitration which requires retainer fees, agreement execution, exhibit production, general compliance pursuant to agreement. Keep a tickle system to make sure all the follow ups are being met.

37. Naming Documents: When naming documents, I like the year-mo-day then whose document (not plaintiff or defendant-use their names) then the name of the document, e.g., 2009-03-14 Jones Motion to Consolidate.

38. New Duties. Let me know if you come across some things that I do or do not like so I can update this list periodically.