American Bar Association Inside Practice
September 2007 : Volume 6, Issue 9
 

Letter from the Publisher

Dear Colleague:

Summer is over. School's back in session. But the fun doesn't have to end.

Read on.

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

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New Practice Information

Effective Risk Management Can Increase Your Firm's Profitability
The self-audit is a powerful diagnostic tool designed to assess a law firm's readiness to deal with the types of risk likely to be encountered in the day-to-day practice of its individual lawyers. Like a CAT scan, the self-audit creates a picture at a specific moment in time; but the picture should be clear enough to enable management to make rational determinations about the current strength of the firm and take appropriate courses of action. Read on.
Excerpted from Risk Management: Survival Tools for Law Firms, Second Edition

Not So Fearless Predictions for 2007
For the most part, 2006 was a very quiet and uneventful year from a bankruptcy law perspective. Was this surprising? Not really. The Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) took effect on October 17, 2005, and bankruptcy filings ahead of that deadline were massive. Read on.
Excerpted from Annual Review of Developments in Business and Corporate Litigation 2007 Edition

Succeeding as a Federal Court Clerk
You have just started your new job as a district court clerk, and, as a new employee, you are reluctant to ask questions for fear of appearing unprepared or unknowledgeable. Read on.
Excerpted from Federal District Court Law Clerk Handbook

Property Insurance 101—Claim Analysis
Property insurance is a broad term that encompasses a number of specific types of policies. However, all have certain common characteristics: They contain a promise to pay a policyholder a sum of money in the event of damage to insured property by a covered peril; the amount paid is based on the extent of loss or damage to the insured property, not the policyholder's liability to a third party; and there is no duty to defend the policyholder against claims by a third party. There also seven basic analytical elements for a property insurance claim. Read on.
Excerpted from Property Insurance Litigator's Handbook

Protecting IP in an Outsourcing Deal
Your client, a software company, has decided to outsource its manufacturing to India. As more and more of its operations now will be conducted offshore, how can you help your client protect its intellectual property? Are there traps to be aware of? Read on.
Excerpted from Intellectual Property Deskbook for the Business Lawyer

Communicating with clients / Trust me, I'm listening/How to gain your client's trust/
Gaining the client's complete trust during the initial interview is often impossible. She does not know how seriously you take your ethical responsibility. She does not know whether to trust you with some of her deepest, darkest secrets. Usually, trust is a bond that grows during the process of litigation. But there are a few ways to nurture that growth from the beginning. Read on.
Excerpted from The Litigation Manual: First Supplement

Understanding the Reach of SDOs
A standards development organization (SDO) ratifies or approves technical interoperability specifications. SDOs are very diverse in structure, membership, policies, and objectives, and the lawyer needs to understand the range of options SDOs use when developing a patent policy or intellectual property rights (IPR) policy. Read on.
Excerpted from Standards Development Patent Policy Manual

Is the Legal Profession Walking the Talk on Sexual Harassment?
Sex-based harassment need not be sexual in nature to constitute illegal discrimination; conduct that reflects adverse gender-based stereotypes or animosity may also constitute illegal discrimination. Sexual harassment thus encompasses a range of behaviors on the part of supervisors, co-workers, peers, clients, judges, professors, students, and vendors.Read on.
Excerpted from Sex-Based Harassment: Workplace Policies for the Legal Profession, Second Edition


The ABA Book Briefs Podcast

Military Divorce
Mark Sullivan discusses the ins and outs of divorce practice involving military personnel, including the Service Members Civil Relief Act and the pitfalls of military retirement benefits. (10:35)
Find out more about the book The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families.

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


Did You Know?

With one bold stroke, Chief Justice John Marshall gave the U.S. Supreme Court the power of judicial review. He took Marbury v. Madison, a petty, partisan squabble, and made it a constitutional landmark. Less noble but more human is the story behind the decision. Marbury v. Madison began with Marshall’s mistake. As secretary of state for the Adams administration, Marshall neglected to give Marbury his judicial commission.

Find out more about Marshall’s mistake and other interesting legal history in Law Makers, Law Breakers and Uncommon Trials, written by Robert and Marilyn Aitken and published by the ABA Section of Litigation.


New Books

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: A Practical Guide for the Estate Planner, Second Edition
ABA Section of Real Property, Probate, and Trust

The 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

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

Risk Management: Survival Tools for Law Firms, Second Edition
ABA Law Practice Management Section and the Center for Professional Responsibility

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

Title Insurance: A Comprehensive Overview, Third Edition
ABA Section of Real Property, Probate, and Trust


Coming Soon!

Garner on Writing and Language
ABA Publishing

The Lawyer's Guide to Marketing on the Internet, Third Edition
ABA Law Practice Management Section

The Little Green Book of Golf Law
ABA Publishing


Your Law Newsletter

Harvard Business School Press

The ABA Web store carries books from select publishers to bring you high-quality books at a discount for ABA members. Check out these titles from the Harvard Business School Press on topics such as decision making, negotiation and management.

See books from the Harvard Business School Press


Supreme Court Preview

Member Advantage

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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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