American Bar Association Section of Litigation: Litigation Update: February 2008

HOT TOPICS

 
Courts Confront Admissibility of Text and Instant Messages

Recent trends favor the admissibility of electronic evidence unless it lacks foundation or sufficient indicia of reliability.


Federal Courts Employ Fewer Career Law Clerks

A change of policy in hiring career law clerks at federal courts is driven by budgetary considerations.


Making Rain Without Creating a Storm

Pressure to originate new clients can cause lawyers to lose sight of important ethical guidelines.



TIPS FROM THE TRENCHES

 
The Virtue of Brevity

Too many lawyers write too much too often. Some lawyers are even known to talk too much. The ability to be brief is a key to persuasion.



SECOND CHAIR

 
Windows to the Soul

The litigator’s objective is to persuade. In an effort to be thorough in our cases, we often forget to use one of our strongest assets: our eyes.



SIDEBAR

 
Confidential Information: Are We Not Safe in Our Own Offices?

My boss chewed me out for “leaving sensitive papers out where anybody could see them” and for not respecting client confidentiality.



2008 Section Annual Conference

Don’t miss this year’s Section Annual Conference in Washington, DC—held in conjunction with the 2008 Ethics Centennial Symposium and ABA Day—and the opportunity to network with colleagues and earn CLE at programs on issues such as the power to wage war, prosecutorial misconduct (featuring the Duke lacrosse case counsel), and real estate and credit market litigation. Registrants may attend the Ethics Centennial Symposium, featuring Supreme Court Justice Samuel A. Alito Jr., for free. Register now (registration ends March 28; the hotel deadline is March 21).



PODCAST

 
Representing a Child in Criminal Proceedings

Lawyers who represent children should heed the basic tenets of representing this vulnerable population.



LESSONS LEARNED

The Art of Civility

Early in my career, I handled an arbitration case representing management. I worked closely with their HR manager to achieve a successful outcome. At our “victory” dinner, he said he enjoyed working with me and that I “did not seem like an attorney,” explaining that I was not pushy, a know-it-all, etc. He complimented me for having a collaborative approach, a personable manner, and the ability to explain the law in practical terms. His comments were very instructive for me early in my career. Lesson learned: Being yourself and having humility and good people skills can make you a more effective and successful lawyer.


MORE FEATURES

 
ADR Broadens Horizons and Spawns Creativity

The skyrocketing popularity of mediation has forced law firms to evaluate how non-attorney employees can support the ADR process.

» Read more from the Commercial & Business Litigation Committee.


The Subprime Crisis: Investigating and Defending Disputes

With the subprime litigation landscape still evolving, litigators must consider a variety of issues when investigating and defending these claims.

» Read more from the Securities Litigation Committee.



INSIDE THE SECTION

 
Subprime Mortgage Litigation Study

Subprime mortgage litigation is outpacing the savings-and-loan crisis of the early 1990s, according to a Navigant Consulting study. Click here for a full copy of the study. [PDF]



FROM THE CHAIR


 

CALENDAR

2008 Section of Litigation Annual Conferenece
 

BOOKSTORE

Discovery Problems and their Solutions

Discovery Problems and their Solutions

Lawyers and clients today devote enormous amounts of time, effort, and expense to discovery. More often than not, discovery, and not trial, is the central battleground of a case. This handbook describes 50 common pretrial discovery problems and presents suggestions and strategies for solving these problems.

 

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