ABA Section of Litigation's Sound Advice: Recent Episodes
ABA Section of Litigation
Sound Advice shares the experience and collective wisdom of some of finest legal minds in the world. Easy access to such a vast collection of knowledge will be useful and enjoyable.
A company's reputation is arguably its most important asset. Today, companies with established brands and spotless reputations are faced with new challenges in the digital age. Now, one person can threaten a corporation's reputation instantaneously, and thus, it is more important than ever to safeguard against these risks.
This program addresses the benefits of diversity within law firms from the young lawyer perspective.
Practical tips and reminders as you head into trial helping you successfully execute your plan. This Sound Advice is broken down into three manageable sections.
Multitasking is a concept we are all familiar with, but it is often too difficult to actually work in our lives. Listen as Teresa Beck offers tips and practices to help you develop or maintain a healthy balance for your life. (12:11 min)
Hear law professor and author John Lande outline the advantages of working closely with opposing counsel––before and during a trial. Despite attorney fears of appearing weak this type of strategy often serves both the attorneys and their clients. (11:28 min) Save 20% when you purchase the book!
Hear Eric English and Paul Genender as they describe the use of settlement counsel during trials. Although they are not always needed, hiring settlement counsel can make life easier for the trial counsel and may help your client achieve their desired outcome. (11:28 min)
The Fifth Circuit Court of Appeals has certified questions to the Texas Supreme Court that have the potential to expand the scope of the contractual liability exclusion. Jim Warren explains how courts interpret this exclusion and what the final decision by the Fifth Circuit may mean for construction contractors in Texas and beyond. (8:39 min)
Listen as Bob Will, cochair of the Trust Estate Litigation committee, gives the first in a series of tips for intake on a trust case.(6:31 min)
Listen as Professor Bent Pattison and current law student and former foster-care child Lori Bullock discuss three critiques of legal representation brought forth by young people who are in the child-welfare system. (7:56 min)
David Gresen explains why when financial documents don’t seem right during a divorce proceeding – it may be time to bring in a professional to take a closer look. (6:58 min)
Civil litigation generally involves direct claims by an injured party against a wrongdoer. Derivative actions are different. Hear as Jeff Gardner explains how this exception works and the ways in which it may affect your clients. (8:54 min)
David Michael outlines steps to take before you move for summary judgment in an employment discrimination case. (5:27 min)
All attorneys want to do their best for their clients, but sometimes mistakes happen. Listen as Elizabeth Timkovich shares advice on how to protect both the attorney-client and attorney-work product privileges. (15:56 min)
In the first installment of the series, Lourdes Rosado and Bob Schwartz tackle the topic of staffing and putting together a multidisciplinary team. Listen each Mondayth for more advice on starting or expanding legal services for children. (13:24 min)
Ethics professor and longtime litigator Mike Downey outlines four issues that attorneys should address when clients are considering litigation loans. (6:48 min)
Before investing time and energy on behalf of your clients, you should first determine whether their product is a consumer product. Laura Walther outlines the differences between types of products. (6:35 min)
Real estate attorney Edward Bloom discusses potential problems while handling commercial lease disputes, and ways to prevent them. (9:18 min)
Although Dukes v. Walmart gave more teeth to the comMondayality requirement and made it more difficult to achieve class certification under Rule23, certifications continue. Hear David Prahl as he discusses changes to requirements for comMondayality and what this means for you. (10:13 min)
Moderator Patrick Soon talks with author Beverly Macy about social media and some tips to best use these new platforms for marketing and career development.(14:46 min)
Nancy Marcus highlights three recent developments regarding transgender rights that may impact employment discrimination cases across the country. (10:10 min)
Longtime general counsel Gregory Brown outlines ways that outside counsel can become the “go-to counsel” for their corporate clients. (11:01 min)
Hear forensic accountant Tracy Coenen as she explains the ins and outs of dividing mutual business interests, including obtaining tax returns and financial statements, during sensitive divorce proceedings. (8:52 min)
Litigator and ethics professor Mike Downey outlines three standards that can be used when attempting to get an opposing counsel’s expert disqualified from a case. (8:29 min)
If you are contemplating venturing out on your own, listen to Paul Lehner as he shares the strategy behind his successful transition from working at a large firm to launching his own business. (7:55 min)
Nancy Marcus highlights three recent developments regarding transgender rights that may impact employment discrimination cases across the country. (10:10 min)
Unfortunately for clients, accidental production of documents does occur. John Barkett discusses what should happen when privileged or protected documents mistakenly get shared with opposing counsel. (6:32 min)
Judge RayMondayd Pianka advises attorneys to pay close attention because, despite a bankruptcy, property owners still have legal obligations concerning real estate. (6:15 min)
Every day, lawyers sabotage their own cases at trial for a wide array of reasons. Learn what pitfalls to dodge as Judge Ruben Castillo shares his insights from the bench. (8:57 min)
Representing veterans can create unique issues. Janet Totter outlines the specifics of the SCRA and who is covered. (11:06 min)
Listen as Paul Lalonde outlines a few factors US attorneys should keep in mind as they help clients deal with matters involving our cousin up north. (11:00 min)
Veteran ethics professor Stephan Landsman discusses authentication and the seven-step process to establish it for evidentiary purposes. (12:40 min)
Greg Hanthorn highlights three reasons why all lawyers, regardless of location, should read the ABA Model Rules. (11:09 min)
Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min)
Laura Hanson outlines coverage issues that arise as a result of dram-shop laws.(14:25 min)
Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min)
Dealing with legal bullies is never pleasant. Hear as Mike Downey gives 8 steps to best handle these “Rambo” attorneys.(14:56 min)
Jodi Spencer Johnson discusses when the duty to defend these environmental-cleanup actions actually begins. (6:50 min)
When litigating statutory claims of harassment or discrimination, do you seek reinstatement, front pay, or both? Kevin J. O’Connor outlines the factors that must be considered. (9:57 min)
According to Ira Gonzalez, the best networking doesn’t usually just happen - it requires a plan. Learn how to develop your business and career with an eye toward the future. (7:48 min)
Real estate lawyer Scott Osborne explains the ins and outs of commercial mortgages. (8:13 min)
John Barkett discusses the possible changes in the scope of discovery presented to the Rules Committee.(4:55 min)
Andrew Sawula outlines New Source Review (NSR) cases pending in three separate federal appeals courts. (10:26 min)
Ethics professor and litigation partner Mike Downey discusses the three most important elements of a conflict waiver. (7:20 min)
Paul Bauer discusses the “scandal of prediction” and ways to protect against false assumptions when predicting the future. (16:39 min)
Jeanne Barnum outlines new FTC revisions designed to help marketers ensure that their claims are non-deceptive. (7:59 min)
Grayson Yeargin discusses the special issues related to parallel proceedings and how to protect your client’s interests. (09:25 min)
Listen as economist and veteran expert witness Debra Aron outlines five tips to ensure your experts’ successful testiMondayy at depositions and trials. (8:38 min)
Hear John Barkett outline changes to a lawyer’s duty regarding a failure to preserve discoverable information and the culpability of such actions. (5:49 min)
Listen as Professor Fredric Lederer explains the difference between having—and not having—a hearsay problem. (08:05 min)
Joe Hanna gives tips on conducting pretrial discovery and using experts to help give you the advantage. (09:10 min)
Josh Johanningmeier summarizes the new OSHA rules regarding whistle-blowers. (07:45 min)
Attorney and author Jarred Correia outlines ways to protect yourself and your practice from the pitfalls of Twitter. (11:43 min)
Lucia Coyoca describes her experiences with juries in complex business litigation cases. (10:23 min)
Appellate specialist Sonia O’Donnell explains the difference between an order and an injunction under section 1292(a-1). (08:51 min)
Two new regulatory rules for consumer products have recently gone into effect. Chuck Joern explains the importance of each for you and your clients. (12:24 min)
What happens when a lawyer is also a witness in a case? Listen as Mike Downey outlines that various roles that lawyers can and can not play according to rule 3.7. (5:15 min)
Listen as Haley Gorenberg outlines upcoming challenges for same-sex couples in the Supreme Court. (05:58 min)
Oral argument is vital in the appellate process. Judge Joseph Greenaway outlines strategies for brief writing that will put you ahead of opposing counsel. (08:36 min)
All lawyers have encountered the dreaded discovery bully. Listen as two of Armstrong Teasdale's finest lawyers give advice on dealing with this frustrating situation. (08:39 min)
In June 2012, amendments were proposed to Rule 45 of the Federal Rules of Civil Procedure. Listen as John Barkett outlines the four major changes that will go into effect in December 2013. (8:37 min)
Crawford v. Washington overturned more than 30 years of jurisprudence. Listen as Professor Stephen Landsman discusses its impact on both civil and criminal trials. (16:30 min)
Incentive payments for class-action litigants can be tricky to handle. Listen as Mike Downey highlights which practices to employ and which to avoid. (08:28 min)
In the case of a product-safety complaint, you need to know what your reporting obligations are. Listen as Josh Johanningmeier guides you through the complex world of consumer-products regulations. (10:15 min)
Despite the recent trend toward alternative dispute resolution, jury trials are still the standard for our legal system. Listen as DePaul University Law Professor Stephan Landsman discusses the importance of the ABA’s Guidelines for Juries and Jury Trials. (12:28 min)
A seemingly straightforward vehicle-accident case can conceal a more complex product-defect case. Listen as Chris Roberts outlines what evidence to look for to turn a “simple” accident case into a multimillion-dollar verdict. (13:26 min)
In today’s technological world, staying current is important to sustaining a successful career. Listen as Angela Elbert discusses the basics of Cyber and Privacy Insurance—the fastest growing area of the insurance industry. (11:34 min)
Discussions about diversity in law firms are far more comMonday now than 25 years ago, but the numbers show that talk needs to become action. Listen to part II of this series from Joe Hanna.
Discussions about diversity in law firms are far more comMonday now than 25 years ago, but the numbers show that talk needs to become action. Listen as Joe Hanna breaks down the statistics.
Many people feel that meetings are a necessary evil. Listen as Nan Joesten gives 10 tips to turn meetings into one of your litigation's most important resources.
Expert witnesses are vital to all litigators. Listen as David Dilenschneider explains how to use the Internet to learn about potential experts—both yours and your opponent’s.
Building a successful career takes more than just being good at your job. Listen as Ari Kaplan discusses steps that will make the process easier and help your career take off.
Being a young lawyer is a constant learning process. Listen as Christina Liu offers helpful tips from the trenches for developing your skills and career.
There are many tactics to win in court, but one of the simplest and most effective is to just make the judge happy. Listen as Judge Mark DrumMondayd outlines 10 ways to help the judge deliver the victory your client wants.
Young lawyers in law firms often make the mistake of thinking that they do not have any “clients.” Demetra Liggins explains office management for young lawyers, including how they do indeed have “clients”—just not in the traditional sense.
Generally lawyers do not worry about ethical concerns during the appeals process. Listen as ethics expert Larry Fox highlights several scenarios where potential ethical issues could arise.
Passing the bar examination is a rite of passage for any litigator. Listen as experienced trial lawyer Dale Weppner shares strategies that should help you not only survive the feeling that your entire life comes down to a single test, but also pass that test in the process.
Are you interested in starting your own firm but are unsure how to proceed? Have no fear—Mike Lynn shares his experience in starting and running his own firm to help guide you through this potentially uncertain time in your career.
While knowledge and skill are the best way to build your career and reputation, by following the 5 simple steps outlined here you will be on your way to establishing your practice and increasing your visibility. Listen as Mark Powers, president of Atticus, explains the best ways to market yourself as a young lawyer in today’s fast-paced world. Remember, once you start marketing yourself
Thinking about switching firms? Be aware that your ethical obligations may kick in even before your first interview. Listen as Larry Fox, Yale Law School’s Crawford Lecturer at Law in Ethics, and a partner at Philadelphia’s Drinker, Biddle and Reath, LLP, guides you through the jurisdictional variations in the Rules of Professional Conduct, including Rules 1.4, 1.6, 1.7 and 1.10, that apply in this difficult situation.
If you apply these valuable tips for your legal career from seasoned lawyer Don Bivens; you may see the rain begin to fall!
Practicing law for 25 years has given this lawyer the experience necessary to advise young lawyers on what they should and should not be doing as they embark on their legal careers.
Learn how to get your case into the court of appeals before final judgment as the multiple categories of appellate jurisdiction are explained.
Volunteer lawyers say again and again that representing a client on death row was the highlight of their careers. No matter how you feel about the death penalty, fair trials, good lawyers and justice cannot be dismissed.
Referring a client with a matter you are not competent to handle may entitle you to a shared referral fee, but be aware of your jurisdiction's requirements before counting on that fee! Listen carefully as Larry Fox, Crawford Lecturer in Ethics Law at The Yale Law School, and partner at Philadelphia’s Drinker, Biddle amp; Reath, LLP, discusses Professional Rules of Conduct 1.1 and 1.5 and the jurisdictional variations requiring disclosure to the client and involvement of the referring lawyer before a fee may be accepted.
Increase the likelihood of a positive outcome to your next arbitration by listening to former Chair of the ABA Section of Litigation, Louise LaMothe, a practicing arbitrator and mediator in Santa Barbara, California, as she highlights key differences between litigation and arbitration.
Listen to Judge Jeffrey Cole, U.S. District Court Judge for the Northern District of Illinois as he gives tips on how to make it easier for a judge to rule in your favor by following these comMonday sense rules.
Listen to Judge Jeffrey Cole, U.S. District Court Judge for the northern District of Illinois as he gives tips on how to make it easier for a judge to rule in your favor by following these comMonday sense rules.
Listen as New York attorney Greg Joseph, former Chair of the Section of Litigation, and expert in Federal Practice, discusses the dramatic amendments to Rule 26 of the Federal Rules of Civil Procedure going into effect on December 1, 2010, which confer greater protection from discovery on many types of expert witness communications and reports.
The use of involuntary "screens" by law firms to avoid the imputation of conflict of interests from a transferring lawyer is currently a matter of debate in state courts. Listen as Larry Fox, Ethics Lecturer at The Yale Law School and Partner at Drinker Biddle amp; Reath, LLP, Philadelphia, surveys the landscape of permissible voluntary and involuntary “screens” under Model Rules of Professional Conduct 1.10, 1.11 and 1.12, and suggests eight important ways to insure that involuntary "screens" are most effective.
Want to be a leader in the profession? Listen to New Jersey Administrative Law Judge Tiffany Williams’ 10 quick tips for avoiding “lameness, sameness and tameness” in your professional life, and you will be well on your way to creating your legacy and bettering our world.
Listen as David Tsai, associate at Townsend and Townsend and Crew of San Francisco and Co-Chair of the ABA Section of Litigation’s LGBT Committee shares 10 specific ideas for fostering an environment in your law firm that welcomes and promotes diversity.
Facing a difficult and unprofessional adversary? Don’t lose your cool! Listen as Paulette Brown, partner at Edwards Angell Palmer amp; Dodge LLP in Madison, New Jersey, and seasoned employment and labor law attorney gives practical advice for how to remain in control and professional when those around you are not!
Has your client asked you to outsource some aspect of work on the newest case? Wondering what Rules 5.1, 5.2 and 5.3 of the Model Rules of Professional Conduct require of a lawyer contemplating and supervising an outsourcing relationship? Listen as Lawrence J. Fox , Ethics Lecturer at Yale Law School and Partner at Philadelphia's Drinker, Biddle amp; Reath, LLP, shares his timely advice in navigating between appropriate delegation and supervision in the brave new world of outsourcing.
Mentoring Circles for Women can be easier and more rewarding than one on one mentoring for professional development. Hear Former Chair of the Section of Litigation, Louise LaMothe, currently a practicing arbitrator and a mediator in Santa Barbara, California, describe six years of working with Mentoring Circles: who should join, how the Circles should be conducted, and what the benefits are for both young and experienced lawyers alike.
Listen to Penny White, Director of the Center for the Advocacy amp; Dispute Resolution at the University of Tennessee College of Law, as she covers the topic of impeachment and the very careful strategic planning it requires along with the knowledge of substantive and procedural rules. Penny also focuses on the important questions that need to be asked about whether or not to impeach, and if the decision is made to impeach, how to go about with the process.
Listen to Greenberg Traurig Shareholder, RayMondayd B. Kim as he guides the listener through the art of jury persuasion in our diverse and fast-paced world. Always present a compelling story to jurors that includes visual aids. Be sure to pay close attention to each juror and his or her uniqueness. Lead jurors to your conclusion using clear language without wasting jurors’ valuable time.
Listen as Paul McDonald, in-house counsel at Kraft Foods, Northfield, Illinois, and a leader in the ABA Section of Litigation, describe how younger attorneys can take advantage of opportunities within their own firms for client development, by becoming familiar with the firm's clients and their businesses, connecting with the firm’s business development professionals, and taking advantage of professional development opportunities that coincide with the firm's business plans.
Bound to arbitrate? Before you begin, listen to Rob Remington, 22 year veteran of numerous arbitrations and mediations, and a partner at the Cleveland firm of Hahn Loeser and Parks, LLP, review the risks and benefits of sole vs. panel arbitrations, the value of expanded arbitrator discovery, and the strict rules for arbitration appeals.
Learn how the Honorable Barbara Lynn, U.S. District Court for the Northern District, Dallas, developed business during her 23 years as a trial lawyer, and had fun doing it. Judge Lynn offers special tips for women lawyers, but all can appreciate her smart, practical advice: take clients to events you enjoy yourself, and then: don’t be shy about actually asking for the business!
Listen to District Court Judge of the Southern District of Texas and former practicing lawyer, Lee H. Rosenthal talk about the importance of using clear, concise, declarative language for lawyers when writing for judges, especially when writing a summary judgment motion.
Tempted to conduct informal discovery outside of the usual depositions and interrogatories? Such informal discovery can be inexpensive and fruitful, but listen as Larry Fox, Crawford Lecturer of Law and Ethics at Yale Law School and partner at the Philadelphia firm of Drinker Biddle amp; Reath, reviews the significant restrictions that Rule 4.2 of the Rules of Professional Responsibility places on the conscientious investigating lawyer, including situations involving former employees, corporate entity control groups, and privileged information.
Listen as United States District Judge John Koeltl of the Southern District of New York makes the case for civility aMondayg lawyers, both before and during trial, as a way of not only making the practice of law more satisfying for lawyers, but also less costly for clients, and more focused for judges and juries. Judge Koeltl, a member of the Judicial Conference Committee on Rules of Practice and Procedure, and a former partner in the New York firm of Debevoise amp; Plimpton, applies rules of civility to pre-trial behavior, written motions and briefs, as well as trial tactics, to drive home his plea for the development of a new culture of civility in our American courts.
As more and more cases go to mediation, your client's success depends on your ability to perform in a setting that is distinctly different from the courtroom. Listen to Lorna Schofield, Chair of the ABA Section of Litigation, who has both served as a Mediator in the Southern District of New York, and who has represented clients in mediation, as she advises on whether and how to give an opening statement in the mediation of a matter. Chair Schofield addresses the differences between opening statements at trial and in mediation settings, emphasizing how to make the most of the mediation opportunity.
Hear New York attorney Greg Joseph, an expert in Federal Practice, analyze five decisions issued in 2010 by the United States Supreme Court concerning Federal Practice, including issues regarding: arbitration clauses: Rent-a-Center West, Inc. v. Jackson and Stolt-Nielsen, S.A. v. Animal Feeds Int'l Corp.; statutes of limitations: Merck amp; Co. v. Reynolds; Federal Rule of Civil Procedure 15c(1)C)(ii)'s relation back doctrine: Krupski v. Costa Croiere, S.p.A.; and the determination of corporate citizenship for purposes of establishing federal diversity jurisdiction: Hertz Corp. v. Fridaydayend.
Think what happens in law school stays in law school? Think again! Hear Rachel Dawson, experienced law school career counselor, and current Associate Director at the ABA Section of Litigation, give her savvy advice on how to establish your professional demeanor and work ethic from the first moment you set foot into those halloWednesday law school halls.
Wondering who should be your client’s chosen representative at your next Federal Rule of Civil Procedure 30(b)6 deposition? Considering choosing more than one representative? Concerned about the scope of the deposition notice? Listen as Sutherland partner, Allegra Lawrence-Hardy guides you through the pertinent case law governing your ability to make your next 30(b)6 deposition a powerful weapon for case settlement or trial success.
Listen to Ronald Jay Cohen, former Chair of the ABA Section of Litigation and founding partner of the Phoenix law firm of Cohen Kennedy Dowd amp; Quigley as he highlights the ten keys that will lay the foundation for a successful deposition.
Hear Dean JoAnne Epps talk about direct examination and the importance of having a purpose, considering your audience and connecting to the proof.
Concerned about how to maintain client confidences and protect attorney-client privilege when the party paying the bill is not the client, and may be trying to direct the litigation for the client? Hear Ethics Professor and Drinker Biddle Partner Larry Fox’s advice on how to navigate these difficult waters, using Model Rules of Professional Responsibility 1.8(f) and 5.4 as your guides.
Hear experienced Washington, D.C. attorney Bill Garcia give you the 12 rules that could take you from being the “hired gun” to your client’s trusted advisor. Learn how in-house counsel thinks, how your bills can be your best marketing tool, how “bad news does not get better with age,” and many other key tips to building strong and lasting inside/outside counsel relationships.
Listen as New York attorney Beth Kaufman, a partner at Schoeman Updike amp; Kaufman LLP, shares her secrets on how to insure that your expert witness is a true asset to your case. Learn the value of experts with real experience, the questions to ask in the initial interview, and how to assess an expert’s ability to produce written materials, as well as useful testimony.