American Bar Association Inside Practice
September 2006: Volume 5, Issue 7

In this Issue:

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ABA Member Benefits

New Practice Information

Documentation Crucial in the Commercial Vehicle Crash Site
Two main sources of physical evidence in any crash include the environment and the involved vehicles. Documenting the environment and the physical evidence at the site is vital to most crash investigations. The method of data collection, however, dictates the type of analyses that can be performed afterward.
Excerpted from Truck Accident Litigation, Second Edition.

How Can Negotiators and Mediators Respond to Dueling Experts?
There are a number of “normal” hurdles that are faced by negotiators and mediators. Dueling experts is one of these. Ideally, wise negotiators, lawyers, and conflict managers should anticipate dueling expert’s syndrome and act preventively. However, it is more likely that mediators and negotiators will be required to react to what has already occurred.
Excerpted from The Negotiator's Fieldbook.

Ten Rules for Every Deponent
When preparing a witness for a deposition, you should follow a mental checklist of rules and advice. What are the first 10 things to tell a witness about to be deposed? Read on...
Excerpted from The Litigation Manual: Depositions.

The Importance of an Effective Records Retention System
Lawyers and law firms are subject to a variety of ethics-based, risk-based, and productivity and cost-based reasons for implementing a retention schedule. Read on to learn two key benefits of maintaining a records retention system.
Excerpted from The Lawyer's Guide to Records Management and Retention.

Fearless Predictions for Business Bankruptcy and Litigation in 2006
In 2005, the specter of the new bankruptcy law drove a record number of individuals, and some big corporations as well, to file bankruptcy petitions under the previous law. The changes created by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 will take years to sort out. How will those changes affect filers in 2006?
Excerpted from Annual Review of Developments in Business and Corporate Litigation, 2006 Edition.

Explain the Decisions the Client Must Make
In a criminal case, tell your client that you, as his or her attorney, make the decisions regarding what motions to file, the process by which discovery is obtained, the process by which case investigation is conducted, the procedural strategy, and the trial strategy. Then explain which decisions belong exclusively to the client.
Excerpted from The Criminal Lawyer's Job: A Survival Guide.

Design Your Office with Technology in Mind
When renovating or moving a law office, think about what technology systems are in use or planned to be implemented in your office; they will affect suitability and choice of building design. Technology systems deserve careful analysis early in the planning process. How can you point your design plan in the right direction? Read on for a short checklist.
Excerpted from The Complete Guide to Designing Your Law Office.

Defining “Qualified Immunity” in Section 1983 Litigation
Qualified immunity may well be the most important issue in Section 1983 litigation. It is frequently asserted as a defense to Section 1983 personal capacity claims for damages. In fact, courts decide a high percentage of Section 1983 personal capacity claims for damages in favor of the defendant on the basis of qualified immunity. But how is qualified immunity defined?
Excerpted from Sword and Shield, Third Edition: A Practical Approach to Section 1983 Litigation.

It’s as Easy as A, B, D
Joan is about to become eligible for Medicare Parts A, B, and D. She understands that she doesn’t have to do anything in order to sign up for Medicare Parts A or B. But she must take certain steps to enroll in Part D. And according to Joan’s doctor, Part D Part D may not cover the cost of the drug that she has been taking for years to control her epilepsy. If she doesn’t enroll when she becomes eligible, she may be penalized. Should she join? How does she sign up? And where can she find more information?
Excerpted from ABA Legal Guide for Americans Over 50.

Developing a Parenting Plan with Teens
Your client calls to say that the custody arrangement concerning his adolescent son no longer is working. He is busy with sports or off with his friends when he should be spending time with your client. Your client wants more time with his son, but his former spouse believes their son is better off at her home. A custody and parenting plan that addresses the developmental needs of children no matter what their age should be your primary focus. Read on for tips on developing a parenting plan that reflects an adolescent’s physical and psychological development.
Excerpted from Creating Effective Parenting Plans: A Developmental Approach for Lawyers and Divorce Professionals.

Overcoming Dyslexia Made Me the Success I Am Today
Ever wondered how super-litigator David Boies rose to the top of the profession? Read on...
Excerpted from Leapholes.


An ABA First!

Leapholes

For the first time in its 127-year history, the American Bar Association is publishing a novel for young adults. Leapholes is the story of Ryan Coolidge, a boy who hates middle school and who is in the worst kind of trouble--trouble with the law. Guided by a mysterious lawyer named Hezekiah, they do their legal research by zooming through "leapholes," physically entering the law books, and coming face-to-face with actual people from some of our nation's most famous cases--like Rosa Parks and Dred Scott--who will help Ryan defend himself in court. Written by the national bestselling author James Grippando, Leapholes is packed with the pacing and suspense of a legal thriller.


Featured Book

The Litigation Manual: Depositions

This addition to The Litigation Manual library focuses on depositions and covers the preparation before the deposition; what happens at the table; techniques and strategies; and special cases you may encounter. The book provides concrete, time-proven techniques and innovative ideas from many of the country's preeminent litigators. It contains some of the best legal writing available--clear, informal and never dull.


New Books

Annual Review of Developments in Business and Corporate Litigation, 2006 Edition (ABA Section of Business Law)

Citizen Oversight of Law Enforcement (ABA Section of State and Local Government Law)

Creating Effective Parenting Plans: A Developmental Approach for Lawyers and Divorce Professionals (ABA Section of Family Law)

The Criminal Lawyer's Job: A Survival Guide (ABA General Practice, Solo & Small Firm Division)

Current Condemnation Law, Second Editon (Section of Real Property, Probate and Trust Law)

Federal Banking Law & Regulations: A Handbook for Lawyers (ABA Section of Business Law)

How to Build & Manage a Family Law Practice (ABA Section of Family Law)

How to Build and Manage a Personal Injury Practice, Second Edition (ABA Law Practice Management Section)

The Lawyer's Guide to Creating a Business Plan: A Step-by-Step Software Package, 2006 Version (ABA Law Practice Management Section)

The Lawyer's Guide to Records Management and Retention (ABA Law Practice Management Section)

Making Partner: A Guide for Law Firm Associates, Third Edition (ABA Law Practice Management Section)

Model Rules of Professional Conduct, 2006 Edition (ABA The Center for Professional Responsibility)

The Negotiator's Fieldbook (ABA Section of Dispute Resolution)

Trial Lawyer: What It Takes To Win, The - DVD/Book Package (ABA Section of Litigation)

Truck Accident Litigation, Second Edition (ABA Tort Trial and Insurance Practice Section)

Understanding the Americans with Disabilities Act, Second Edition (General Practice, Solo, and Small Firm Division)


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Hot Topic

The American Bar Association, in conjunction with the International Bar Association, hosted the International Rule of Law Symposium in Chicago on September 16 and 17. Mary Robinson, former Present of Ireland and United Nations High Commissioner on Human Rights; Lord Peter Goldsmith, Attorney General of the United Kingdom; and Marty Martin, noted University of Chicago theologian spoke at the event. The topics of terrorism, human trafficking, the relationship of religion and violence were explored by the distinguished speakers, as well as by a panel of noteworthy lawyers, academics, and government officials.

Learn more about what took place at the International Rule of Law Symposium in September and planned future programs in this series that will take place next year in Bangkok, Thailand, and at the United Nations. Featured speeches, video clips, and photographs from the Second International Rule of Law Symposium will be posted as they become available. Please visit the ABA Division for Media Relations and Communication Services' Online Media Kit to access these updates.


Best Seller

The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families

Handling divorce and family law cases involving servicemembers has never been timelier. As a result of the large number of recent National Guard and Reserve mobilizations, these complex issues will affect nearly all family lawyers, not just those whose practices are located near major military bases. Both comprehensive and practical, The Military Divorce Handbook covers all aspects of representing servicemembers and their spouses in divorce.


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Coming Soon!


Amending CERCLA

(ABA Section of Environment, Energy, and Resources)


The Lawyer's Guide to Fact Finding on the Internet, Third Edition

(ABA Law Practice Management Section)


Law Office Policy & Procedures Manual, 5th Edition

(ABA Law Practice Management Section)


Truth in Lending (including 2006 Supplement
)
(ABA Section of Business Law)

References may be kept up to date through periodic supplementation, revisions, and companion volumes sent on approval. Any supplementation issued within three months of purchase will be sent at no additional charge. You may change or cancel any upkeep service at any time by notifying the American Bar Association in writing.

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