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

HOT TOPICS

 
In-House Counsel Keeping Closer Tabs on Outside Lawyers

In-house counsel are tracking the billing (and work) of outside lawyers with greater than ever scrutiny.


Supreme Court Further Undercuts Sentencing Guidelines

After finding the Federal Sentencing Guidelines unconstitutional, the Court has recently provided judges with additional direction and greater discretional leeway for sentencing.


Litigants Face New Obstacles to Sealing Court Records

An increasing number of jurisdictions are seeking to reverse what they see as an excessive trend by courts to place more civil cases under seal.



TIPS FROM THE TRENCHES

 
Lean Litigation Practices

The extinction of bloated, vague legal bills is at hand. Survival of the fittest firms rests on the institutional adoption of leaner litigation practices.



SECOND CHAIR

 
Juror Tips Part 2: Understanding Naïve Jurors

Decoding a juror’s personality and beliefs is a Rosetta stone of pretrial preparation. But how do you persuade the naïve optimist?



SIDEBAR

 
How Do I Deal with an Attorney Who Lies to Win?

There are three types of lies: lies, damned lies, and statistics. Putting aside the latter, attorneys regularly encounter the exaggeration of facts.



PODCAST

 
Getting the Most from Adverse Witnesses

Tactics such as establishing precedent, closing escape routes, exploiting dilemmas, and defusing trick answers can be integral to outmaneuvering an adverse witness.



LESSONS LEARNED

Quit When You’re Ahead

A young attorney was arguing a dispositive motion. It was clear from the judge's demeanor and comments that he was prepared to rule in the attorney's favor, yet the attorney prattled on and on. Eventually, the judge interrupted him and said, “Counsel, I'm going to fill you in on a lesson I learned early in my practice: When you're winning, shut up.” He then asked the young lawyer if he had anything further. After a short pause, the young lawyer said, “No.”


MORE FEATURES

 
Final Trial Preparation

Two months away from the next big trial? Panic! Here are five suggestions from the bench, for the final eight weeks of trial preparation.

» View more from the Pretrial Practice & Discovery Committee


The Resurgence of Inequitable Conduct

Inequitable conduct, once a ubiquitous response to a patent infringement claims, is again gaining traction as a high-profile and effective infringement defense.

» View more from the Intellectual Property Litigation Committee



INSIDE THE SECTION

 
Connect with Your Passion for Justice: Pro Bono Opportunities Available

Serving the legal needs of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. It can also offer a great opportunity to gain valuable experience and to network. Current cases available give your firm an exciting opportunity to engage in significant, impact litigation pro bono.

» View current pro bono opportunities



 

CALENDAR

February 23–March 1
Vail, CO


February 27–March 1
Tucson, AZ


April 16–18
Washington, DC

CLE Seminar: Committee on Corporate Counsel, February 14-17, 2008
 

BOOKSTORE

Discovery Problems and their Solutions

The Attorney-Client Privilege and the Work-Product Doctrine, Fifth Edition: Two-Volume Set

Updated and expanded, this new edition provides a comprehensive overview of current law and includes case illustrations, contextual examples, and a wealth of practical tips and guidance.

 

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
 
LexisNexis
ABA Section of Litigation