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.
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