Tips & Tactics for Trial Lawyers
Take the expertise of the Section wherever you go with the Litigation Podcast. Once a month, the podcast serves up practical tips, tactics, and interviews with today's leading trial attorneys. Download it here (XML), or subscribe via iTunes or your favorite newsreader.
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Tweet, Tweet, You’re Fired
Thu, 4 Jan 2010
Although blogging and social networking may have benefits for companies, employers are beginning to take note of the legal risks of employee use of Web 2.0 technology.
Federal Rules Changes Effective December 1
Thu, 3 Dec 2009
Expert commercial litigator Greg Joseph explains the new rules on amending pleadings, changes to summary judgment practice, and more.
Using Technology to Help Win the Trial and Appeal
Thu, 8 Oct 2009
Trial technology is evolving rapidly. Attorneys who wait to learn about it put themselves and their clients at a significant disadvantage.
Tips for Changing Jobs in the Current Market
Thu, 3 Sep 2009
Lawyers everywhere are dealing with layoffs and diminished job opportunities as a result of the current recession. In this episode of the Litigation podcast, Barbara Levenson, a veteran legal recruiter, offers some tips on navigating the current job market and asserts that job seekers still have options, albeit fewer ones.
How to Take a Deposition—Execution
Thu, 15 Jul 2009
"A deposition is not the place to wow everyone with your brilliance; depositions are about slowly accumulating information." In the latest episode of the Section of Litigation podcast Kenneth P. Nolan offers practical and insightful tips on the best way to take a deposition.
Rosa Parks: An American Icon
Thu, 18 Jun 2009
While it would be impossible to list the most important people in the history of the law in Law Makers, Law Breakers and Uncommon Trials, Robert and Marilyn Aitken highlight 25 people whose impact on the law and trials will never be forgotten. Listen to the Section of Litigation's latest podcast episode to hear the chapter, "Rosa Parks An American Icon".
Finding Rewards in "Boring" Cases
Fri, 27 Mar 2009
Most litigators hope to try cases that are interesting and rewarding. But what happens when you become involved in a "boring" case? Listen to the Section of Litigation's latest podcast episode to discover rewards in these cases.
Discrete Interrogatory Subparts Under Rule 33
Wed, 4 Feb 2009
Interrogatories during the discovery process can be terribly frustrating. Despite the frustration interrogatories can serve a vital purpose when properly used, helping to assemble information in preparation for depositions and to narrow issues for trial.
Direct Examination: Ten Basic Tips for Young Trial Lawyers
Mon, 8 Dec 2008
You struggled through law school, passed the bar, and have begun your career as a litigator, with your eyes set on going to trial. What follows are some tips for direct examination of witnesses that should help young trial lawyers make their first entrance onto the trial stage.
Evidence and Ethics
Fri, 12 Sep 2008
Surprises can add spice to your life and your practice. But rarely will a surprise be welcome when you are poised to begin the trial, put your witness on the stand, or wrap up your client’s case.
13 Ways to Be a Better Lawyer
Tue, 16 Jul 2008
"Litigation is an art, not a science," says Steven Weiss in the latest episode of the ABA Section of Litigation podcast. Listen and learn several lessons to help you become an artist rather than a mere technician.
Aristotle's Methods for Outstanding Oral Arguments (Part 2 of 2)
Fri, 13 Jun 2008
Part 2 of this episode sets forth a number of approaches, strategies, and tips for presenting outstanding and compelling oral arguments to trial and appellate judges, arbitrators and mediators.
Aristotle's Methods for Outstanding Oral Arguments (Part 1 of 2)
Fri, 30 May 2008
Delivering oral argument can sometimes appear to be a daunting task. An advocate may experience pangs of self-doubt. He or she may wonder: What if the Judge doesn't like me? What if the Judge thinks my case is terrible? What if the Judge falls asleep during my argument? Such concerns are natural.
The Secrets of Superstar Associates (Part 2 of 2)
Fri, 25 Apr 2008
How do young attorneys go from just another associate to a superstar associate? Listen to the second part of this podcast episode to unlock the secrets.
The Secrets of Superstar Associates (Part 1 of 2)
Fri, 04 Apr 2008
How do young attorneys go from just another associate to a superstar associate? Listen to the latest podcast episode to unlock the secrets.
The Special Challenges of Representing a Child in Criminal Proceedings
Fri, 07 Mar 2008
This podcast episode will help lawyers who represent children understand the basic tenets of representing this vulnerable population.
A Few Do's and Don'ts of Oral Argument
Thu, 07 Feb 2008
The ability to present outstanding oral arguments is vital to your success as a litigator. Learn the do’s and dont’s of effective oral arguments.
A Secretary Speaks (Part 2 of 2)
Fri, 16 Nov 2007
Don't take "no" or "I don't know" as an answer from your assistant. Learning new things isn't optional; it's an important part of your secretary's job.
A Secretary Speaks (Part 1 of 2)
Fri, 16 Nov 2007
If you want to make your legal career go smoothly, make your assistant an integral part of your legal practice. A good assistant can be an invaluable tool, freeing up your time to actually practice law.
A List of the Things That I Wish I Was Told
Fri, 02 Nov 2007
Consider these 12 important tips before delivering your next oral argument, from treating your argument as a conversation instead of a debate, to getting extra-record evidence and dealing with direct questions.
The Care and Feeding of Inside Counsel (Part 2 of 2)
Fri, 19 Oct 2007
Our exploration on how to work towards a beneficial relationship between inside and outside counsel continues with a closer look at employee relations, teamwork, and being responsive to your client. Learn the ropes on what will give you the competitive advantage.
The Care and Feeding of Inside Counsel (Part 1 of 2)
Fri, 05 Oct 2007
Listen and learn what inside lawyers are looking for in the performance of outside teams they hire, and how to be a lead lawyer on a team that gets called back. Taking steps such as being sensitive to your client's needs, pursuing cost-control opportunities, and always doing your homework will ensure your success.
Getting the Most from Adverse Witnesses
Fri, 21 Sep 2007
Using tactics such as establishing precedent, closing escape routes, exploiting dilemmas and defusing trick answers can be integral to dealing with an adverse witness and coming out on top.
10 Proven Ways to Irritate a Judge
Fri, 07 Sep 2007
A judge's temperament depends on how the judge reacts to what happens in front of the bench. When something irritates the judge, does he or she stay objective and in control or turn moody and agitated? If you prefer not to learn the answer to this question, learn what judges often cite as potential sparks for a judicial meltdown.
Is Your Client Lying?
Fri, 24 Aug 2007
When confronted by a potential falsity from a client, a trial lawyer has responsibilities that are not always clear. However, there are a few general guidelines that lawyers should consider when faced with this difficult situation.
Networking 101
Fri, 27 Jul 2007
At its core, networking is simply interacting and connecting with people. With a few key pieces of advice, it's easy to stay visible to your networking contacts, so they will think of you when they need representation.
Should I Google the Jury? (Part 2 of 2)
Fri, 12 Jul 2007
The modern trial lawyer has tremendous access to technology and information, but knowing how to harness this can provide great advantage when trying a case and communicating with a jury. Boundaries may not always be clear, but the opportunity exists to blaze new trails to represent client interests.
Should I Google the Jury? (Part 1 of 2)
Fri, 29 Jun 2007
Tackle some of the tricky ethical questions that arise from dealing with juries in an age when the Internet and other media give both lawyers and jurors access to much instant information about each other.
Voir Diring for Dollars
Fri, 27 Apr 2007
Listen to an excerpt from David Berg's "The Trial Lawyer: What It Takes to Win" as David guides you through the finer points of voir dire, improving your chances of winning at each step of trial.
Don't Blow Your Closing Argument
Fri, 27 Apr 2007
Your closing argument can help make or break your case. Your most important task is to strike a balance between an argument that is compelling and persuasive, but that is neither inflammatory nor prejudicial.
Effective Witness Interviews
Wed, 18 Apr 2007
Every litigator will be called upon to conduct witness interviews. Learn how to assess the strengths and weaknesses of a case with these best practices for effective interviews.
Ten Rules for Managing Electronically Stored Information
Fri, 30 Mar 2007
It's no surprise that electronic document production requires organization and coordination. Learn ten important rules for managing electronically stored information, from storage-media policy to dealing with third party vendors.
Settle When the Time Is Right
Fri, 16 Mar 2007
Most civil lawsuits settle before ever going to trial. But how do you know when the time is right? This episode shares wisdom on recognizing opportunities for reaching the best resolution.
In-House Counsel: Is the Grass Greener?
Fri, 02 Mar 2007
Ever wonder if the life of the in-house attorney is easier? While the tower may be glass, he or she is managing just as many, if not more matters than you are. And there's nothing cushy about that.
How to Tell a Judge He Screwed Up
Fri, 16 Feb 2007
When opposing counsel makes a mistake, it can usually be turned to your advantage. But what if it's the judge who screwed up? Listen to frank advice about dealing with mistakes that must be pointed out.
What They Didn't Tell You in Law School
Fri, 05 Jan 2007
Get raw and honest advice from Mark Herrmann, author of 'The Curmudgeon's Guide to Practicing Law.' The Curmudgeon knows everything about the legal profession, and he shares with us that the practice of law is not like the learning of law. In real life, the game is a free-for-all.
Going Solo and the New E-Discovery Rules
Fri, 07 Dec 2006
For many lawyers, the lure of solo practice is undeniable. In part one of the podcast, we talk with Julie Hannaford, a family law practitioner who recently made the transition from a large firm to a solo practice. In part two, we take on the new federal rules with John Barkett's list of five e-discovery mistakes to avoid.
Eight Tips for Better Voir Dire
Fri, 17 Nov 2006
Given the importance of voir dire, it is no surprise that many lawyers find it intimidating. It need not be, even if your budget does not allow you to bring in jury consultants. John Mathias shares eight ways to make the most of the jury selection process.
Civility
Fri, 03 Nov 2006
Lawyers have long discussed - and decried - the decline of civility in the profession. Unfortunately, the aggressive behavior of some lawyers seems to lend support to the public's view that lawyers have little regard for decorum. In this episode, we examine civility, the public perception of lawyers, and what may be a better way to win.
Electronic Discovery is Good for Young Lawyers
Fri, 20 Oct 2006
E-discovery is here to stay. Geoffrey A. Vance explains why that is good news for young lawyers.
A Little Client Service Goes a Long Way
Fri, 6 Oct 2006
A client's impression of you and your firm rests not only on your legal acumen, but also on your attitude toward client service. In this episode, we present a few tips from Joseph Siprut on providing the sort of client service that leads to lasting professional relationships.
How Can I Find a Job?
Fri, 22 Sep 2006
I'm a third year law student looking for a job. Problem is, I'm not in the top 50 percent of my class and I don't go to a top tier law school. Any ideas on how I can find employment?
Quick and Dirty Research
Fri, 08 Sep 2006
What happens when you need an answer right away, and you can't bill for the research? No need to panic. Christina DeVries shares some techniques for finding the law in 30 minutes or less.
Time Management
Fri, 25 Aug 2006
What, the day is over? How about the research you wanted to do? Or those phone calls you wanted to make? Or that letter that should have gone out? Sometimes it seems that being a lawyer means constantly playing catch-up. It doesn't have to be that way, though. A few changes can allow you to squeeze more time out of your day, whether you need it for work, for family, or for leisure.
Managing Privilege
Tue, 08 Aug 2006
Your clients depend on you to safeguard their privileged communications, whether in or out of court. As many young lawyers will attest, however, applying what you learned in evidence class to real-world situations is not always easy.
