ABA Defending Liberty - Pursuing Justice Inside Practice
American Bar Association March 2008: Vol 7, Issue 3
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Letter From the Publisher

Dear Colleagues:

We value you and the feedback you share,and we've made a major improvement based on your comments: effective March 17th we dramatically reduced our shipping rates.

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In this Issue:
  • New Practice Information
  • Practice Essentials Downloadable Articles
  • CLE Products
  • Book Briefs Podcast

The University of Alabama

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New Releases

State Antitrust Enforcement Handbook, Second Edition

America Votes! A Guide to Modern Election Law and Voting Rights

Antitrust Handbook for Franchise and Distribution Practitioners

Data Security Handbook

From Handshake to Closing: The Role of the Commercial Real Estate Lawyer

The Indian Child Welfare Act Handbook, Second Edition

The Insured Stock Purchase Agreement, Second Edition

The Lawyer's Guide to Adobe Acrobat, Third Edition

The Lawyer's Guide to Collaboration Tools and Technologies

Mergers and Acquisitions: Understanding the Antitrust issues, Third Edition

Messenger Model Handbook

Modern Rules of Business Etiquette

Modern Rules of Personal Finance

Pioneering Women Lawyers: From Kate Stoneman to the Present

Toxic Mold Litigation, Second Edition
 
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Coming Soon

ATM and Debit Cards – A Guide to Legal Issues

The 2008 Solo and Small Firm Legal Technology Guide

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

Preventing and Managing Workplace Violence: Legal and Strategic Guidelines

Vouching: A Defense Attorney's Guide to Witness Credibility
 
New Practice Information

Should Your Older Client "Age in Place" or Find Other Housing?

Helping aging clients find appropriate housing by making them aware of their options and the attendant risks and advantages of each should be an essential part of adviser-client consultations. Learn how you can advise them.

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Developing Your Trial Strategy

In a criminal case, the objective of trial strategy is a plan to attack the prosecutor's case and also a plan for establishing the defense strategy to win the case. The following are two helpful tips to develop your trial strategy.

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Emergence of Third Party Liability Issues

Professionals such as lawyers, accountants, architects, engineers, and appraisers owe a primary duty of care to their clients and are liable for breach of duty. Increasingly, however, professionals are being held liable for breach of duties owed to third parties—to persons other than clients. Consider these examples.

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Don't Let Your Clients Sign That Loan Commitment!

Usually, but not always, the lawyer knows that his or her client is seeking financing. That does not assure that the lawyer will be consulted before a loan commitment is signed. Where the borrower is a user of the property—a company which is acquiring or owns the property and is financing it for the conduct of its non-real estate business, he or she is not likely to know the risks of signing the commitment without first showing it to the lawyer. This is especially a problem when the commitment is not labeled a commitment at all, but a loan application which becomes a commitment when accepted.

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Bias

Statisticians can separate a pattern from other random forces through different techniques including a consideration of bias.

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The Citizenship Flowchart

Although U.S. citizenship is conferred at birth upon persons born on U.S. land, the determination of citizenship for persons "born of the blood" of U.S. citizens is far less straightforward. How can you be certain whether or not your client is a U.S. citizen?

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What Is a "Wiki", and Why Should You Care?

Many lawyers have heard of wikis, but don't know what they are, much less how to use them in their practice. The term "wiki" comes from the Hawaiian wiki-wiki, meaning "fast."  A wiki is a web- or intranet-based tool that can be edited by anyone and can be used to link from one Web page to another. Lawyers can use wikis in a number of ways, including setting up a wiki to provide clients with an online "idea space" to place their thoughts, ideas, and other information, or to provide firm attorneys with a place to share their business plans, carry out consultations, and compile reports from their offices.

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A Less Than Perfect Storm?

Two years after the 2005 hurricanes slammed into the Gulf Coast, many residents are still struggling to find affordable housing, and local economies remain in disrepair. In southeast Louisiana alone, 36 percent of the hospitals in the region are still shuttered, and only 45 percent of public schools have reopened. Skyrocketing insurance rates continue to place an additional burden on residents and businesses alike. Crime is again on the rise. Not surprisingly, approximately 200,000 former residents of New Orleans and surrounding communities have chosen not to return.

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Hofstra Law School

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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Harvard Business School Press

ABA Members can now save on Harvard Business School'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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Continuing Legal Education

Review of Estate Tax, Gift Tax & GST Tax

This audio program consists of an overview of the estate tax, gift tax, and generation-skipping transfer tax systems. In particular, this program focuses on fundamental estate planning concepts such as: planning with your client's applicable exclusion amount, computing gross and taxable estates, utilizing marital and charitable deductions, implementing annual exclusion gifts, and understanding generation-skipping transfer tax transfers. In addition, the program addresses recent proposals for estate tax reform providing both a solid framework for junior practitioners and an excellent review for senior practitioners.

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How to Avoid the Top 10 Retirement Distribution Disasters

As baby boomers rapidly approach retirement age, their ability to retire comfortably may depend on decisions they make in the next few years. The rules on distributions from individual retirement accounts (IRAs) and employer sponsored retirement plans are complex and it's easy for clients to be confused about their options. In addition to trying to determine if they have sufficient income, clients also must navigate the income and estate tax rules for retirement plans.

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Estate Planning and Cohabitation Agreements for Unmarried Couples

Since most legal standards are based on the marital contract, unmarried couples, same sex or otherwise, are not afforded the same rights and protections as married couples. From such issues as employee benefits and housing rights, to the challenge of just having a relationship recognized, unmarried couples face an uphill battle. The increase in unmarried couples makes it more likely that estate planners will represent one or both partners. What challenges/problems face this growing aspect of the population? Which estate planning strategies are most suitable for such clients? How can domestic partners provide for one another contractually in the event of death or break-up?

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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.

Modern Election Law and Voting Rights
Listen to an interview with Benjamin E. Griffith editor of the ABA best seller America Votes! A Guide to Modern Election Law and Voting Rights. In this podcast, Mr. Griffith discusses the current state of election law and voting rights.

Find out more about America Votes! A Guide to Modern Election Law and Voting Rights.

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Law Day 2008: The Rule of Law