American Bar Association Inside Practice
August 2007 : Volume 6, Issue 8
 

Letter from the Publisher

Dear Colleague:

One of the best and most well-attended events at the ABA’s Annual Meeting in San Francisco was James McElhaney's two-hour seminar on "Opening Statements and Closing Arguments."

Read on.

In this Issue:
Book Briefs Podcast
New Books
Coming Soon!

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New Practice Information

Does Your Client Have a Business Plan?
Every business should have a “plan” and committing the plan to writing forces business owners to establish goals and confront weaknesses. A complete business plan will address eight major areas depending on how the plan will be used. Read on to learn which eight areas should be addressed.
Excerpted from Advising the Small Business: Forms and Advice for the Small Business Adviser

Preserving E-Records
The question of which E-records must be preserved arises in both litigation and non-litigation settings. In a non-litigation setting, public records statutes typically define what a public record is in general terms, but they often do not specifically define what an electronic public record is or to what extent electronic data and information can be considered to be a public record. Read on to see which E-records must be preserved.
Excerpted from Access to Government in the Computer Age: An Examination of State Public Records Law

The Challenge When Parties Communicate Indirectly
Why do parties communicate indirectly about their best numbers and their bottom and top numbers? They do so for the simple reason that each wants to maximize his or her monetary outcome in the negotiation. The plaintiff wants as much money as he or she can get, and the defendant wants to pay as little as possible. Read on to find out how negotiators communicate indirectly—and why.
Excerpted from Making Money Talk

How Much Is That Company Really Worth?
You can’t know the true value of a company’s assets and the extent of its liabilities based on what is disclosed in a press release by either the buyer or seller as they negotiate a transaction. Understanding what the seller is giving up and what the buyer is receiving in a transaction, in terms of the related assets and liabilities, translates into the value of a company. Read on to find out what the Business Enterprise Value of a company really represents.
Excerpted from Business Valuation: A Primer for the Legal Professional

Keep It Informal!
Information about your client, a securities company, has reached the Securities and Exchange Commission. A former customer feels her broker violated ethics regulations and has complained to the SEC. The SEC now wants to look into your client’s business practices. Read on to learn why keeping the investigation informal, rather than formal, is the best way to protect your client.
Excerpted from The Securities Enforcement Manual, 2nd edition

Legal Technology Survey Report
The American Bar Association’s Legal Technology Resource Center annually surveys lawyers in private practice to measure their use of technology. This year, more than 1,800 ABA members in private practice in the U.S. returned questionnaires relating to law office computing, litigation and courtroom technology, Web-based communications, online research, and mobile technology. Read on to see some of this year’s highlights.
Excerpted from 2007 Legal Technology Survey Report

Overlooked Networking Opportunities—Inside and Outside the Firm
The single most overlooked opportunity for associates is right in their own firms. You must be proactive in seeking out partners for many reasons: mentoring, getting the kind of work they want to do, and getting known throughout the firm for what you bring to the table. Read on.
Excerpted from The Law Firm Associate’s Guide to Personal Marketing and Selling Skills

Records Management Keys to Maintaining Client Confidentiality
One of the core ethical duties of a lawyer is to preserve the confidences and secrets of her client. Regardless of the applicability of records retention, client file ownership, and other more complex matters, every lawyer’s records management must extend at least as far is as necessary to accomplish this. Read on to learn more about client confidentiality.
Excerpted from The Lawyer's Guide to Records Management and Retention

Preparing for Witness Interviews in a Corporate Investigation
Witness interviews can be the most significant part of an internal investigation. The key to good witness interviews is preparation. The circumstances giving rise to an investigation will affect how the witness interviews should be conducted, in what order, how broadly they need to reach, and how quickly they should be done. By the time an investigation has moved into the witness interview phases, the lawyers conducting the investigation should have a firm sense of the answers to specific questions. Read on.
Excerpted from Internal Corporate Investigations, Third Edition


The ABA Book Briefs Podcast

Electronic Evidence
Sharon Nelson and John Simek discuss the e-discovery landscape in light of changes to the federal rules, what to look for in a computer forensics expert, and future trends in electronic discovery. (14:55)
Find out more about the book The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines.

The ABA Book Briefs Podcast are short audio recordings of author interviews, discussions, or readings that you can listen to on your computer or portable digital music device.
More information about the ABA Book Briefs Podcast


New Books

Access to Government in the Computer Age: An Examination of State Public Records Law
ABA Section of State and Local Government Law

Corporate, Securities, and M&A Lawyer’s Job: A Survival Guide
ABA General Practice, Solo and Small Firm Division

Government Contract Law, Third Edition
ABA Section of Public Contract Law

A Guide to HIPAA Security and the Law
ABA Section of Science & Technology Law

Internal Corporate Investigations, Third Edition
ABA Section of Litigation

The Law Firm Associate’s Guide to Personal Marketing and Selling Skills
ABA Law Practice Management Section

The Law Firm Associate’s Guide to Personal Marketing and Selling Skills, Trainer's Manual
ABA Law Practice Management Section

Legal Technology Survey Report
Legal Technology Resource Center

MacCarthy on Cross Examination
ABA Publishing

Model Code of Judicial Conduct, 2007 Edition
The Center for Professional Responsibility

Raise the Bar
ABA Section of Litigation Law

The Securities Enforcement Manual, 2nd edition
ABA Section of Business Law

Sex-Based Harassment: Workplace Policies for the Legal Profession, Second Edition
ABA Commission on Women in the Profession

Street Legal
ABA Section of Criminal Justice

Superseding and Staying Judgments: A National Compendium
ABA Tort Trial and Insurance Practice Section

Thinking About Terrorism: The Threat to Civil Liberties in a Time of National Emergency
ABA Publishing


Coming Soon!

Advising the Small Business: Forms and Advice for the Legal Practitioner
ABA General Practice, Solo and Small Firm Division

Annotated Model Rules of Professional Responsibility, Sixth Edition
The Center for Professional Responsibility

Charitable Gift Planning
ABA Section of Real Property, Probate, and Trust

Citizenship Flowchart
ABA Section of Criminal Justice

Compendium of Professional Responsibility Rules and Standards, 2008 Edition
The Center for Professional Responsibility

Corporate Director’s Guidebook, Fifth Edition
ABA Section of Business Law

The Creative Lawyer: A Practical Guide to Authentic Professional Satisfaction
ABA Publishing

An Estate Planner's Guide to Qualified Retirement Plan Benefits, Fourth Edition
ABA Section of Real Property, Probate, and Trust

Federal Appellate Clerking Handbook
ABA General Practice, Solo and Small Firm Division

Federal District Clerking Handbook
ABA General Practice, Solo and Small Firm Division

IPDS: Labor and Employment Law in the New EU Member and Candidate States
ABA Section of International Law

International M & A Due Diligence
ABA Section of Business Law

Law Makers, Law Breakers and Uncommon Trials
ABA Section of Litigation

The Little Green Book of Golf Law
ABA Publishing

Property Insurance Litigator's Handbook
ABA Tort Trial and Insurance Practice Section

Standards Development Patent Policy Manual
ABA Section of Science & Technology Law

Title Insurance, Third Edition
ABA Section of Real Property, Probate, and Trust


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