American Bar Association Section of Litigation: Litigation Update: December 2007

HOT TOPICS

 
Legislation Could Exempt Disputes from Arbitration

Is arbitration the fair and efficient form of resolving disputes that it’s cracked up to be? Some lawmakers and litigators are skeptical.


Plaintiff Locale to Set Jurisdiction in Web Defamation Suits

Can the court’s long-arm jurisdiction extend to a defendant who typed his or her offending words thousands of miles away?


Can Litigation Ever Be Civil?

Have things gotten so bad that lawyers actually need written guidelines reminding them they should “treat clients with courtesy and respect” and “be punctual”?



TIPS FROM THE TRENCHES

 
Deceitful Silence

In legal lore, the stereotypical trickster is likely to be a trial lawyer. But does trickery still have a place in litigation?



SECOND CHAIR

 
Juror Tips Part 1: Understanding Idealistic Jurors

Assessing potential jurors is a true challenge. Among the personality types you will encounter, the idealist presents unique strategic obstacles.



SIDEBAR

 
How Do I Keep the Butterflies in at Trial?

On the day of trial . . . I felt sick as a dog. The stress had gotten to me, and I had a headache and had to excuse myself.



PODCAST

 
A Secretary Speaks

If you want to make your legal career go smoothly, make your assistant an integral part of your practice. A good assistant can be an invaluable tool, freeing up your time to actually practice law.



LESSONS LEARNED

Holiday Trials and Tribulations

I have a trial set to take place right before the holidays. Because of serious conflicts, both sides requested the court continue the trial date in January. In our joint motion, we each cited our respective conflicts—I had an oral argument in a far-off state, and opposing counsel would be finishing another trial. At the hearing, the trial court found that we had not produced good cause and denied our joint motion. Lesson learned: Just because both sides agree does not mean that the court will agree.


MORE FEATURES

 
Powerful Evidence: Videotaped Discovery Depositions

A client’s deposition can mean the difference between winning and losing the case, especially with videotaped discovery depositions.

» View more from the Trial Evidence Committee


Discovery Stays under the PSLRA

Recently, courts have split over what to do when defendants already have disclosed documents to the SEC and plaintiffs seek those documents while the motion to dismiss is still pending.

» View more from the Securities Litigation Committee


The Minority Lawyer’s Playbook for Elevating Your Game

Why are some lawyers better able to get ahead compared to their colleagues? Why is one lawyer a successful rainmaker and another not?

» View more from the Minority Trial Lawyer Committee



INSIDE THE SECTION

 
Navigant Consulting

For additional resources or for access to Investigations Quarterly, visit the website for the litigation advisory services sponsor of the ABA Section of Litigation.



 

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Joint CLE Seminar: January 10-12, 2008
 

BOOKSTORE

The Perfect Gift...


Law Makers, Law Breakers, and Uncommon Trials provides a fascinating look at legal history.

The Curmudgeon’s Guide to Practicing Law serves as an insightful guide to surviving and thriving in a law firm.

Raise the Bar: Real World Solutions for a Troubled Profession offers a provocative look at the needs of the legal profession, with recommendations from Scott Turow, Michael Tigar, and others.

 

EDITORIAL BOARD

Editor-in-Chief
Send an emailMichael D. Yablonski

Associate Editors
Send an emailHon. Michael B. Hyman
Send an emailThomas A. Marrinson
Send an emailEffie D. Silva
Send an emailRichard T. Victoria
Send an emailRobin Page West
Send an emailDaniel S. Wittenberg

We welcome your comments

ABA SECTION OF LITIGATION

Managing Editor
Send an emailKevin Bailey
 
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ABA Section of Litigation