http://www.abanet.org/litigation/ en-us © 2008 ABA Section of Litigation Tips and tactics you can use every day to become a more effective advocate. ABA Section of Litigation The Litigation Podcast delivers practical tips and tactics for all phases of trial – from pretrial case development to appellate argument. Brought to you by the Section of Litigation, the largest specialty section of the American Bar Association. More information is available at www.abanet.org/litigation/. The Litigation Podcast delivers practical tips and tactics for all phases of trial – from pretrial case development to appellate argument. Brought to you by the Section of Litigation, the largest specialty section of the American Bar Association. More information is available at www.abanet.org/litigation/. No ABA Section of Litigation waterss@staff.abanet.org 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. http://www.abanet.org/litigation/podcast/32_superstar.mp3 Fri, 25 Apr 2008 00:00:00 GMT ABA Section of Litigation 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. 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. 00:14:13 litigation, tips, tactics, advice, perspective, young, associate How do young attorneys go from just another associate to a superstar associate? Listen to the latest podcast episode to unlock the secrets. http://www.abanet.org/litigation/podcast/31_superstar.mp3 Fri, 04 Apr 2008 00:00:00 GMT ABA Section of Litigation How do young attorneys go from just another associate to a superstar associate? Listen to the latest podcast episode to unlock the secrets. How do young attorneys go from just another associate to a superstar associate? Listen to the latest podcast episode to unlock the secrets. 00:18:26 litigation, tips, tactics, advice, perspective, young, associate This podcast episode will help lawyers who represent children understand the basic tenets of representing this vulnerable population. http://www.abanet.org/litigation/podcast/30_child.mp3 Fri, 07 March 2008 00:00:00 GMT ABA Section of Litigation This podcast will help lawyers who represent children understand the basic tenets of representing this vulnerable population. This podcast will help lawyers who represent children understand the basic tenets of representing this vulnerable population. 00:20:56 litigation, tips, tactics, advice, perspective, children 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. http://www.abanet.org/litigation/podcast/29_oralargument.mp3 Thu, 07 Feb 2008 00:00:00 GMT ABA Section of Litigation 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. 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. 00:20:06 litigation, tips, tactics, advice, perspective, litigator, arguments 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. http://www.abanet.org/litigation/podcast/28_secretary.mp3 Fri, 16 Nov 2007 00:00:00 GMT ABA Section of Litigation Your assistant can make your life easy or miserable, and the choice is clear. 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. 00:09:51 litigation, tips, tactics, advice, perspective, secretary, assistant 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. http://www.abanet.org/litigation/podcast/27_secretary.mp3 Fri, 16 Nov 2007 00:00:00 GMT ABA Section of Litigation How can you work most effectively and efficiently with your assistant? 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. 00:06:32 litigation, tips, tactics, advice, perspective, secretary, assistant 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. http://www.abanet.org/litigation/podcast/26_thingstold.mp3 Fri, 02 Nov 2007 00:00:00 GMT ABA Section of Litigation What important tactics can help you prepare and argue your case before a panel? Consider these twelve important tips before delivering your next oral argument, from treating your argument as a conversation instead of a debate, to getting extrarecord evidence and dealing with direct questions. 00:08:31 litigation, tips, tactics, mock, oral argument, evidence 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. http://www.abanet.org/litigation/podcast/25_counsel.mp3 Fri, 19 Oct 2007 00:00:00 GMT ABA Section of Litigation What is essential in the relationship between inside and outside counsel? 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. 00:08:41 litigation, tips, tactics, inside counsel, corporate counsel, performance, interviews, billing 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. http://www.abanet.org/litigation/podcast/24_counsel.mp3 Fri, 05 Oct 2007 00:00:00 GMT ABA Section of Litigation What makes inside lawyers tick, and what ticks them off, when it comes to outside counsel? 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. 00:07:35 litigation, tips, tactics, inside counsel, corporate counsel, performance, legal services, relationship, cost control 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. http://www.abanet.org/litigation/podcast/23_adversewitness.mp3 Fri, 21 Sep 2007 00:00:00 GMT ABA Section of Litigation How can you devise a winning strategy when facing a witness who is motived to make sure you don't win your case? 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. 00:11:19 litigation, tips, tactics, witness, adverse, strategy, leading question, precedent 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. http://www.abanet.org/litigation/podcast/22_irritatejudge.mp3 Fri, 07 Sep 2007 00:00:00 GMT ABA Section of Litigation Antagonizing the court never helps you win your case. 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. 00:07:51 litigation, tips, tactics, judge, behavior 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. http://www.abanet.org/litigation/podcast/21_lyingclient.mp3 Fri, 24 Aug 2007 00:00:00 GMT ABA Section of Litigation What actions are appropriate if you reasonably believe your client's evidence to be false? When confronted by a potential falsity by a client, the responsibilities of a trial lawyer are not alwyas clear. However, there are a few general guidelines that lawyers should consider when faced with this difficult situation. 00:10:43 litigation, tips, tactics, client, lying, false, evidence, model rules, professional conduct, preventative measures, withdrawal, representation, disclosure, tribunal, ethics 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. http://www.abanet.org/litigation/podcast/20_network101.mp3 Fri, 27 Jul 2007 00:00:00 GMT ABA Section of Litigation Find lasting value in making connections that can lead to increased business. 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. 00:07:00 litigation, tips, tactics, networking, relationships, business development, value 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. http://www.abanet.org/litigation/podcast/19_google.mp3 Fri, 12 Jul 2007 00:00:00 GMT ABA Section of Litigation Find advantage in using technology, information and the media to your benefit. 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. 00:06:23 litigation, tips, tactics, google, jury, ethics, information, information age, media, code of trial conduct 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. http://www.abanet.org/litigation/podcast/18_google.mp3 Fri, 29 Jun 2007 00:00:00 GMT ABA Section of Litigation Ethical considerations in the information age 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. 00:05:04 litigation, tips, tactics, google, jury, ethics, information, information age, media, code of trial conduct 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. http://www.abanet.org/litigation/podcast/17_berg.mp3 Fri, 27 Apr 2007 00:00:00 GMT ABA Section of Litigation Learn the goals of voir dire and the importance of linkage from one of the masters of this art. 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. 00:15:33 litigation, tips, tactics, David Berg, voir dire, jury selection 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. http://www.abanet.org/litigation/podcast/16_closing.mp3 Fri, 27 Apr 2007 00:00:00 GMT ABA Section of Litigation Avoid pitfalls when assembling the most powerful piece of your case 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. 00:09:11 litigation, tips, tactics, closing, argument, pitfalls, objections, rules of evidence, golden rule, per diem, settlement, insurance coverage, protect record 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. http://www.abanet.org/litigation/podcast/15_witnessinterview.mp3 Wed, 18 Apr 2007 00:00:00 GMT ABA Section of Litigation Don't make the mistake of underestimating the importance of the witness interview. 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. 00:08:29 litigation, tips, tactics, interview, witness, clients, employees, effective, strategy, preparation, pleadings, prior statements, questioning 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. http://www.abanet.org/litigation/podcast/14_esi.mp3 Fri, 30 Mar 2007 00:00:00 GMT ABA Section of Litigation How can you lift the burden of managing email and electronic documents during discovery? 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. 00:04:38 litigation, tips, tactics, ediscovery, electronic discovery, information, electronically stored, civil rules of procedure, esi 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. http://www.abanet.org/litigation/podcast/13_timeright.mp3 Fri, 16 Mar 2007 00:00:00 GMT ABA Section of Litigation Recognize opportunities for reaching settlement and what to do when they arise. 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. 00:05:06 litigation, tips, tactics, settle, settlement, insight, incentives, negotiations 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. http://www.abanet.org/litigation/podcast/12_inhousemyth.mp3 Fri, 02 Mar 2007 00:00:00 GMT ABA Section of Litigation If you've secretly craved that cushy in-house counsel position, think again. 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. 00:05:54 litigation, tips, tactics, in-house, billable hours, perspective, misconceptions 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. http://www.abanet.org/litigation/podcast/11_judge.mp3 Fri, 16 Feb 2007 00:00:00 GMT ABA Section of Litigation Judges make mistakes, but what are the tricks for turning these errors around? 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. 00:08:25 litigation, tips, tactics, mistakes, corrections, advice, sidebar, file motion, appeal, Gettleman 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. http://www.abanet.org/litigation/podcast/10_curmudgeon.mp3 Fri, 05 Jan 2007 00:00:00 GMT ABA Section of Litigation Indispensible professional advice from the Curmudgeon 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. 00:19:46 litigation, tips, tactics, law school, wisdom, Mark Hermann, curmudgeon, practicing law, surviving, thriving 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. http://www.abanet.org/litigation/podcast/09_solo.mp3 Fri, 07 Dec 2006 00:00:00 GMT ABA Section of Litigation From large firm to solo practice, and the new e-discovery rules 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. 00:07:33 litigation, tips, tactics, solo, solo practice, Julie Hannaford, family law, federal rules, e-discovery, electronic discovery 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. http://www.abanet.org/litigation/podcast/08_voirdire.mp3 Fri, 17 Nov 2006 00:00:00 GMT ABA Section of Litigation John Mathias shares tips for successful jury selection 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. 00:10:18 litigation, tips, tactics, voir dire, john mathias, jury selection 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. http://www.abanet.org/litigation/podcast/07_civility.mp3 Fri, 03 Nov 2006 00:00:00 GMT ABA Section of Litigation Civility, the Image of the Profession, and a Better Way to Win 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. 00:05:49 litigation, tips, tactics, civility, aggressive tactics, incivility, model rules of professional conduct, sanctions, aspen, berg E-discovery is here to stay. Geoffrey A. Vance explains why that is good news for young lawyers. http://www.abanet.org/litigation/podcast/06_ediscovery.mp3 Fri, 20 Oct 2006 00:00:00 GMT ABA Section of Litigation E-discovery is here to stay. Geoffrey A. Vance explains why that is good news for young lawyers. 00:05:29 litigation, tips, tactics, ediscovery, electronic discovery, federal rules of evidence, FRE, civil procedure, FRCP 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. http://www.abanet.org/litigation/podcast/05_clientservice.mp3 Fri, 6 Oct 2006 00:00:00 GMT ABA Section of Litigation It's been said that good service is hard to find. 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. 00:04:28 litigation, tips, tactics, client relationship, clients, service 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? http://www.abanet.org/litigation/podcast/04_bottomofclass.mp3 Fri, 22 Sep 2006 00:00:00 GMT ABA Section of Litigation I'm in the bottom half of my class. How do I find a job? 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? 00:07:21 litigation, tips, tactics, law school, employment, job, summer associate, law firm, intellectual property, IP, antitrust, interview 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. http://www.abanet.org/litigation/podcast/03_research.mp3 Fri, 08 Sep 2006 00:00:00 GMT ABA Section of Litigation So how do you find the law in 30 minutes or less? 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. 00:07:36 litigation, tips, tactics, research, assignment, deadline, resources 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. http://www.abanet.org/litigation/podcast/02_timemanagement.mp3 Fri, 25 Aug 2006 00:00:00 GMT ABA Section of Litigation Tips for squeezing the most time out of your day 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. 00:05:42 litigation, tips, tactics, time management, organization, action plan, deadlines 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. http://www.abanet.org/litigation/podcast/01_privilege.mp3 Tue, 08 Aug 2006 00:00:00 GMT ABA Section of Litigation Tips for managing privilege that you can apply to everyday practice 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. 00:05:42 litigation, tips, tactics, privilege, pretrial, evidence