ABA Defending Liberty - Pursuing Justice Inside Practice
American Bar Association July 2008: Vol 7, Issue 7
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Letter From the Publisher

Dear Colleagues:

Wise investment in witness preparation strongly positions a case for favorable settlement or resolution at trial.  It is an advantage that must be built before deposition, before negotiation, or before you enter the courtroom.

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In this Issue:
  • New Practice Information: Election Law for Corporations; Violence in the Workplace; The Mobile Lawyer; and more...
  • Book Briefs Podcast:  Witness Preparation
  • CLE Offerings: Financial Statements, Closing a Law Firm, Advertising, and more...
  • Practice Essentials Downloadable Articles

First American Data Tree


New Releases

2008 ABA Legal Technology Survey Report: Online Research (Volume 5)

2008 ABA Legal Technology Survey Report: Mobile Lawyers (Volume 6)

The Attorney-Client Privilege in Civil Litigation, Fourth Editions

Challenging Conflict: Mediation Through Understanding

Election Law Primer for Corporations, Fifth Edition

Federal Tax Procedures for Attorneys

The Lawyer's Guide to Microsoft Outlook 2007

Never Enough: One Lawyer's True Story of How He Gambled His Career Away

Preventing and Managing Workplace Violence – Legal and Strategic Guidelines

Winning Alternatives to the Billable Hour, Third Edition (includes CD-ROM)
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Coming Soon

The 1040 Handbook: A Guide to Income and Asset Discovery, Fifth Edition

Electronic Evidence: Law and Practice, Second Edition

Fundamentals of Franchising, Third Edition

The Globalized Lawyer: Secrets to Managing Outsourcing, Joint Ventures, and Other Cross-Border Transactions

The IP Licensing Lawyer's Job: A Survival Guide

Issues in Competition Law and Policy

Lay Words for Lawyers: Analogies and Key Words to Advance Your Case and Communicate with Clients

Staying at Home, Staying in the Law: A Guide to Remaining Active in the Legal Profession While Pursuing Your Dreams
New Practice Information
Election Law for Corporations

Under the Federal Election Campaign Act, all corporations, including incorporated trade associations and not-for-profit membership corporations, are barred from making contributions to and expenditures on behalf of candidates for federal office. This broad prohibition applies to the use of corporate funds in connection with conventions and primary, special and general elections at which candidates for senator, U.S. representative or president are either nominated or elected.

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Violence in the Workplace
In recent years there has been an increase in the number of workplace violence incidents. Often it isn't until after such tragedies occur that employers realize that there are proactive security assessment steps they can take to try to make the workplace safer.
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The Mobile Lawyer
Mobile lawyering is a reality for a growing number of attorneys. The increased use of Smartphones and laptop computers to connect to the internet and access e-mail and remote files allow attorneys to practice law regardless of physical location. More than ever lawyers report using technology to work outside the traditional office setting from home, hotel rooms, and during their commute.
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Negotiating "Don'ts" for Real Estate Deals
The ability to negotiate is governed by the negotiator's personality and style. Although there are many negotiation tricks and techniques, some of them may interfere with the real business of the negotiation, which is to air the issues, discuss them as dispassionately as possible and reach a conclusion. Here are four negotiation tactics to be avoided.
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Changes in FTC Franchise Rule

Compliance with the amended FTC Franchise Rule became mandatory on July 1, 2008.  A key area affected by the changed rule is that of prohibitions against unfair or deceptive acts or practices. Get a summary of the nine categories of prohibited conduct.
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What is Business Advice?
Many communications between attorneys and their corporate clients are not privileged, such as advising a client of the date of the trial; providing an attorney with information for the purpose of preparing a tax return; and communications arising out of an investigation undertaken for the purpose of making business recommendations to the corporation. Learn more about attorney client privilege as it relates to corporations and business advice.
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Lawyers Must Master Nuances of Language
To prosecute a case, defend it, and win a case, the lawyer must understand how the non-lawyer uses words. Whether you are speaking with your client, addressing the jury, or questioning a witness, you need to know words that are significant to them—words they use, and words that you can use. Learn examples of words that elicit strong emotional or mental images.
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When Is Hiring Someone "Harboring"?
Can an employer who hires illegal aliens be convicted of harboring aliens? Under certain conditions, the answer is yes.
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Law Matters (Free e-Newsletter) - Educating the Public about the Law

ABA Book Briefs Podcast

The ABA Book Briefs Podcast is a series of audo interviews, discussions, and readings from ABA Books. Our Feature Podcasts are about 10 - 15 minutes in length and come out once a month. Occasionally we offer Special Podcasts. You can listen to each podcast individually or you can subscribe to receive them automatically when they are released.

Witness Preparation

Listen to an interview with Jan Mills Spaeth, PhD discusses her DVD set on "Witness Preparation" which includes Witness Preparation for Trial and Witness Preparation for Deposition. In this ABA Book Briefs Podcast Jan discusses the 3 most important steps of testifying, the 10 “C’s” of credible testimony, and how the “Witness Preparation” DVD set addresses these issues and more.

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The Program on Negotiation at Harvard Law School

ABA Members can now save on the Program on Negotiation's Negotiation newsletter. If you are an ABA Member, in order to receive your special subscription price, please specify the Product Code: 08Z00ABA.

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Your Law Client Newsletter - Regular Communication. Reliable Information. Improved Client Relations.

Continuing Legal Education

CD

The 1, 2, 3s of Financial Statements (Audio CD Package)

The heart of any business is its finances and good business lawyers must understand financial statements whether their practice is transactional or litigation-based or whether they serve on civic associations or boards of directors. This program will start with the basics and teach how this financial information is used in the "real world."

CD How to Sell and/or Close a Law Firm: Workout with the Experts (Audio CD Package)

Most lawyers, like most people, try to avoid the inevitable: "Some day I'll retire, but I don't have to think about it now", or "I'll find a conservator next month." We may plan to quit work but, like all phases of a career, a successful end requires sound planning. The time to start is now.

CDAdvertising for the Next Generation: From Billboards to Blogs (Audio CD Package)

This course assists law firms of all sizes with recognizing and avoiding the common ethics mistakes made in lawyer advertising. The panelists cover such topics as internet blogs and referral service restrictions, key disclaimers for websites, tips for creating ethically appropriate infomercials, advertising in alternate realities, effective use of marketing directors, and national advertising campaign considerations.

CD

Commencing Representation - Initial Client Contact and Beyond (Audio CD Package)

This program focuses on the initial contact with your office for intake/conflict check, through the initial client interview process and the preliminary stages of representation. It includes a discussion of "musts" as well as mistakes to avoid and is designed to set the stage for successful representation of your family law client.

 
ABA Publishing Practice Essentials - Articles

Now you can have instant access to articles previously available only to members of certain ABA entities. Articles from Litigation, Probate & Property, The SciTech Lawyer, and Experience are available as searchable PDF downloads.

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