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Persons who pose a direct threat to the health or safety of themselves or others are unqualified to use the Americans with Disabilities Act to redress discrimination. In making a direct threat determination, employers must conduct an individualized assessment of the person’s present ability to safely perform essential job functions, identify the specific behavior that poses a threat, and assess the likelihood and imminence of future harm.
What system do you use right now, today, to find a given piece of paper? Unless you have an absolutely huge number of paper files, or a moderate number of really big paper files, then your paper filing system can be replicated, refined, and expanded in the digital world by creating and working with Portable Document Format (PDF) files.
Often reviewing and analyzing documents is much more difficult than drafting them. Except for the novice drafter or someone using a form for the first time, the lawyer drafting documents tends to be aware of the contents or at least, the thrust, of the form. Of course, what is not in the document being reviewed may be as important, or more important, to your client, than what is there. Learn about the important issues that may not be covered in a commercial real estate document.
The ABA Model Rules of Professional Conduct, which serve as the model for many states ethics rules, assert that lawyers should be mindful of ethical obligations including competency, confidentiality and supervision of subordinates and third parties. How are these obligations affecting lawyers' use of technology?
While the need for building a good relationship with the trial judge should be obvious, many lawyers antagonize the bench with an array of tactics that are ultimately ineffective. Judges are particularly annoyed by lawyers who . .
A courtroom lawyer must be a master at making and opposing motions. Motions can help you win cases but how does a lawyer determine what motions to file? Where do the ideas come from? Knowing where to start can help you build your powers of persuasion.
As of October 17, 2005, Congress dramatically changed the ability of a bankruptcy case to "thwart or impede a divorce or undo the result obtained after a settled or contested divorce." These are the most significant changes to bankruptcy law since 1978. Learn how this legislation impacts the divorce practitioner.
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.
Science for Lawyers
Listen to an interview with Eric Y. Drogin J.D., Ph.D. editor of the ABA best seller Science for Lawyers . In this podcast, Mr. Drogin discusses the book Science for Lawyers and why attorneys need a primer in applied science.
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.
Unfortunately, workplace violence is a recognized workplace hazard. In this audio program, you will learn what workplace violence is and how it can be prevented. In this audio program, our faculty will provide a brief overview of the four types of workplace violence and will discuss the impact of Type II violence (client on employee) on workers and what mechanisms should be put into place to reduce the risk of such violence. The faculty also discusses the New York State experience in working through joint labor management committees to address violence in the workplace as well as the impact of the new workplace violence law. They will also discuss the impact of Type IV violence (domestic/stalking) on women and describe what policies and safety procedures need to be put in place to ensure that such at risk workers are protected. Additionally, the panelists will discuss the dos and don'ts of conducting employee fitness-for-duty evaluations, psychological screening evaluations for public safety personnel, and the identification of violence markers for potentially dangerous employees.
Increasingly, technological literacy is an essential part of an attorney's professional competence, and technology plays an important role in delivering quality legal services to the public. But technology can also have dangerous consequences; careless or uninformed use of technology can lead you down a perilous road filled with such potholes as the disclosure of confidential client information, marketing gaffes, or the unintentional creation of an attorney-client relationship. This program explores the use and abuse of specific technologies that could result in potential ethical hazards, and how a little defensive driving will help you avoid ethical violations and malpractice claims.
This program takes you inside the minds of advocates and judges as they prepare for and conduct the appeal in a dispute over liquidated damages. Before oral argument begins, the advocates explain their strategies and preparation techniques, the points they hope to emphasize, and the weaknesses they see in their cases. The judges then provide you with their preliminary analyses of the case and discuss the questions they hope to have answered during argument. After the argument, the members of the Court analyze the arguments and discuss tactics and strategies informally with the other participants.
Can one be a rainmaker without playing golf? Absolutely! This program provides practical and proven tips for developing business, which takes into account busy lives and commitments outside of the office. The faculty tap into the minds of ten women rainmakers in small and large firms who reveal marketing strategies that have worked for them. The program also includes interviews of in-house counsel and professionals who will share - from a client's perspective - marketing efforts that ultimately work and those that are ineffective. This program is designed to benefit junior and senior lawyers alike in helping them develop a book of business, which is vital to gaining professional autonomy and reaching the upper echelon of the legal profession.
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.
Preventing Workplace Violence
