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"Civility and Litigation"

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This post was written by Evan Schaeffer: "There's a good article about civility in this month's Illinois Bar Journal: "Uncivil Action," by Helen W. Gunnarsson.

 

Some tips from the lawyers interviewed for the article:

  • It's a waste of time to try to outbully a bully; make a decision not to respond to incivility with incivility;
  • You can't reform the small percentage of lawyers who use incivility as a litigation tool; those lawyers, though, will become known for their incivility, which will tend to make it harder for their strategy to work;
  • Your own bad behavior will come back to bite you; always treat people with courtesy, even when they're inept at doing it themselves.  

Here's my own tip: get more sleep. In my experience, many of the ugly outbursts I've witnessed at depositions, which often lead to apologies later, are caused by stress exacerbated by lack of sleep."

 

To reach the blog post and the active links, click on the author's name.

Source: Trial Practice Tips Weblog, 20 August 2010, reproduced with permission of the author.

In the news: "Asks Michael P. Maslanka: What lessons can "Othello" teach to lawyers? Two of the lessons focus on recognizing key facets of human behavior: manipulation and rationalization. Shakespeare's play can help lawyers recognize these tactics and guard against them in their daily practice."


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Source: Law.Com's Daily Legal Newswire. 20 August 2010. Copyright 2009.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

"Do You Trim Your Own Time?"

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This post was written by Randall Ryder: "Regardless of how you track your time, make sure it is accurate. Around these parts, we use Freshbooks for tracking our time in cases, and it works great for the most part. But even when your time is accurate, are you cutting your own time?..."

 

Continue reading this interesting post and reach the active links by clicking on the author's name.

Source: Lawyerist.com, 30 July 2010. © 2007-2010 Lawyerist Media, LLC. Reproduced with permission of the site editor, Sam Glover.

This post was written by Mark Bennett: "Back in March (sometimes posts percolate for a few months before bubbling to the surface) Norm Pattis wrote something about Gerry Spence that caught my attention.

 

I recall years ago his complaining that he could not get into court. His cases kept settling. I offered him a chance to come on board in a gang murder. He declined. "I can't win that case," he said.

 

I wonder: what if a criminal defense lawyer took only cases that she could win?..."

 

Continue reading this interesting post by clicking on the author's name and check out the comments as well.

Source: Defending People, 23 July 2010. © 2010 Defending People, reproduced with permission of the author.

Podcast description from the site: "Mass produced homes built with poor-quality products have led to a number of construction defect cases across the country. On this edition of Ringler Radio, host Larry Cohen welcomes colleague, Angus Kennedy out of San Diego, California, Attorney Bruno Wolfenzon, from Wolfenzon, Schulman & Rolle and Attorney Dave H. Gardner out of Newport Beach, CA, to look at the necessary qualifiers for construction defect cases, discuss the long term effects on homeowners, the tax side of these cases and the benefits of using structured settlements.

 

Podcast: Play in new window | Download (Duration: 36:52 -- 25.3MB)

 

Related Podcasts

  • July 6, 2010 -- Liability Transfers
  • June 7, 2010 -- Marriage Cases & Structured Settlements
  • June 21, 2010 -- An Update on Constructive Receipt
  • May 24, 2010 -- The BP Oil Spill Disaster
  • April 26, 2010 -- Structured Settlements & Mediation in the Toyota Crisis"

Active links and podcast are available at the source site listed below.

Source: Legal Talk Network, 19 July 2010. © 2010 · Legal Talk Network. Reproduced with permission of Scott R. Hess.

This post was written by Cordell Parvin: "I appreciate the great interest in the blog I posted yesterday 20 Things I Wish Someone Had Told Me When I Was a First Year Lawyer. I believe more lawyers read that post than any I have done this year. Several lawyers I coach, sent me emails reminding me of things they have heard me say. I wanted to share with you what they told me..."

 

Continue reading this interesting post and reach the active link by clicking on the author's name.

Source: Law Consulting Blog, 14 July 2010. © 2010, Cordell Parvin LLC. Reproduced with permission of the author.

"Veterans Law"

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Podcast description from the site: "When our disabled soldiers come back from battle, they often need legal representation. In this edition of the BU Law podcast, host and media veteran, Dan Rea of WBZ-Radio 1030 welcomes BU alumnus, Attorney Robert V. Chisholm, one of the preeminent veterans' rights attorneys in the country, to talk about veterans law and helping American veterans. Dan and Robert discuss veteran benefits, Post Traumatic Stress Syndrome cases and other common ailments and the need for more attorneys who specialize in veterans law.

 

Podcast: Play in new window | Download (Duration: 22:54 -- 18.5MB)"

 

Active links and podcast are available at the source site listed below.

Source: Legal Talk Network, 9 July 2010. © 2010 · Legal Talk Network. Reproduced with permission of Scott R. Hess.

Podcast description from the site: "On this edition of Litigation Support Review, host Mary Pat Poteet, an eDiscovery/Litigation Support expert with almost 20 years experience in the litigation support industry, welcomes Browning E. Marean III, a senior counsel in DLA Piper's San Diego office, to talk about law firms as a Data collection business.  Mary Pat and Browning explore the different types of forensic collections, collecting data and the benefits of hiring professionals.

 

Special thanks to our sponsors, Relativity and Reveal

 

Podcast: Play in new window | Download (Duration: 17:20 -- 14.1MB)

 

Related Podcasts

  • June 18, 2010 -- Early Case Assessment, Cost Savings & Privilege Problems
  • May 13, 2010 -- Recall and Precision in Legal Search
  • March 24, 2010 -- The ESI Report Special Edition : What Lawyers Should Know for Successful Discovery
  • January 25, 2010 -- Taxing Matters
  • January 8, 2010 -- Back to the Future"

Active links and podcast are available at the source site listed below.

Source: Legal Talk Network, 30 June 2010. © 2010 · Legal Talk Network. Reproduced with permission of Scott R. Hess.

This post was written by Mark Bennett: "I admit it: I was wrong.

For a decade I've been encouraging young lawyers and soon-to-be lawyers to start their criminal defense practices right out of law school. With hard work, intelligence, and humility, I thought, they could do well without hurting anyone; the question, I thought, was not whether they would provide perfect representation, but whether they would provide better representation than the other people who their clients might use instead.

I wanted to believe, because society is better served by having those who are dedicated to freedom serving that cause (rather than the State) from the start of their practices, and because here in Harris County the only way for a lawyer to serve freedom from the start of her practice is to start her own practice.

Forget all that..."

Continue reading this interesting post by clicking on the author's name. There are some very interesting comments at the end of the post too.

Source: Defending People, 18 June 2010. © 2010 Defending People, reproduced with permission of the author

This post was written anonymously: "Our latest podcast features Joseph Gross, Esq., a partner at the law firm of Benesch Friedlander, on the topic of the recent amendments to the Americans with Disabilities Act. Mr. Gross outlines significant changes in the amendments and proposed EEOC regulations regarding the definitions of the phrases "substantially limits" and "major life activities." He also provides some advice for employers and employees on what to expect in the workplace. Mr. Gross is certified by the Ohio State Bar Association as a specialist in the areas of labor and employment law and serves as the President of our Law Library's Board of Directors."

 

To reach the blog post and the active links, click on the author's name.

Source: Cleveland Law Library Weblog, 29 June 2010. Reproduced with permission by Kathleen Sasala.

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