ABA Defending Liberty - Pursuing Justice Inside Practice
American Bar Association October 2008: Vol 7, Issue 10
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Letter From the Publisher

Dear Colleagues:

In this time of great risk and bone-cracking volatility the value of good guidance is even greater.  The ABA creates products that will help you manage risk, transition your career, and grasp opportunity. 

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In this Issue:
  • New Practice Information: Expert Testimony, Value Billing, Forensics Resources, Disaster Recovery, and more...
  • Book Briefs Podcast: Client Relations
  • CLE Offerings: Disaster Recovery, E-mail Risks, and Ethical Issues
  • Practice Essentials Downloadable Articles
Award for Patents
New Practice Information
Evaluating Mental Health Materials and Expert Testimony

“How do you know what you say you know?” This is the key question the family lawyer should ask when evaluating the reports and testimony of mental health professionals (MHPs—psychologists, psychiatrists, social workers, licensed counselors, and marriage and family therapists), their methods, and the materials that support their conclusions and expert opinions. This question is the foundation of a practical, evidentiary-based model of legal analysis. Read on to learn how the model empowers family lawyers to effectively handle the difficult psychology-related issues attending their cases and to hold MHPs accountable in court for their conclusions and expert opinions.

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After the Disaster
After a devastating flood or storm, property owners may wonder what steps they should follow. Hurricane Katrina spawned a vast array of litigation relating to issues such as insurance policy coverage for damaged property to inventories of lost property. Read on to learn more what insured property owners should do after the disaster hits.
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Sure-Fire Ways to Alienate the Trial Judge

While the need for building a good relationship with the trial judge should be obvious, many lawyers antagonize the bench with an array of tactics that are ultimately ineffective. Judges are particularly annoyed by lawyers who ...
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Value Billing and Profitability
No matter what billing method you use, your legitimate interest is to be compensated adequately. The premise of value billing is that clients who receive value are satisfied clients, and satisfied clients make for a profitable and successful law practice. Moving away from hourly billing does not mean lower profitability; in fact, if value is produced, there will be mutual benefit.
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Forensic Resources
There is no ignoring the impact of scientific evidence in the legal system today. New areas include digital and multimedia sciences, canine scent detection and touch DNA, to name a few. Attorneys, judges, scientists and law enforcement need to meet increasing juror expectations regarding such evidence (the so-called “CSI Effect”). Attorneys need also be aware of the ethical implications regarding the use of errant experts and the duty to verify the credentials of their own experts as well as be well prepared to challenge those of the opposing party’s expert.
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Legal Requirements for Electronic Notarization
Is it possible to create an electronic document that can be strongly tested for authenticity at a later time? What applications are available to help users (1) prove the integrity of digital information and preserve the content of a digital document over time; (2) establish the identity of “signers”; (3) maintain the times and dates of “signature events”; and (4) support mechanisms to provide for new concepts like “electronic originality”?
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Women Attorneys of Color: From Visible Invisibility to Visibly Successful [INCLUDES FREE DOWNLOAD]

To transform the careers of women of color in law firms from visibly invisible to visibly successful, law firms have to first understand the specific issues facing women of color, and then address these issues in partnership with the women of color in their workforce. With consistent commitment and strategic action, the attrition statistics of women of color in law firms can be reversed, and the reversal of these statistics not only ensures true opportunity for all lawyers in law firms, but also will make law firms stronger and more competitive in an increasingly global marketplace where diversity is a critical component for sustained success.

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Law Matters (Free e-Newsletter) - Educating the Public about the Law
ABA Book Briefs Podcast

The ABA Book Briefs Podcast is a series of audo interviews, discussions, and readings from ABA Books. Our Feature Podcasts are about 10 - 15 minutes in length and come out once a month. Occasionally we offer Special Podcasts. You can listen to each podcast individually or you can subscribe to receive them automatically when they are released.

Client Relations
The best source of new business is from existing clients. In this ABA Book Briefs Podcast father/son writing team Henry and Andrew Ewalt, co-authors of the best-selling ABA book Through the Client's Eyes: New Approaches to Get Clients to Hire You Again and Again, Third Edition, discuss why personalized client relations are so important to generating new business.

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The Program on Negotiation at Harvard Law School

ABA Members can now save on the Program on Negotiation's Negotiation newsletter. If you are an ABA Member, in order to receive your special subscription price, please specify the Product Code: 08Z00ABA.

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Your Law Client Newsletter - Regular Communication. Reliable Information. Improved Client Relations.
Continuing Legal Education

DVD ARE YOU READY? What Lawyers Need to Know About Emergency Preparedness and Disaster Recovery (DVD Package)

Produced to help local communities and the lawyers who advise them become better able to plan for, manage, respond to, and recover from potential disasters, this documentary-style video program addresses key legal issues in emergency preparedness, response and recovery.

DVD

 Ethical Issues: 40 Solutions for Litigators (DVD Package)

Practicing lawyers, judges, and law professors draw from their experience to discuss ethical issues that have concerned them in their practice and provide practical advice on solving these issues.

CD The Risks of E-mail Communication (Audio CD Package)

This audio program explores the essential principles of protecting the attorney-client privilege in electronic communication.

 
ABA Publishing Practice Essentials - Articles

Now you can have instant access to articles previously available only to members of certain ABA entities. Articles from Litigation, Probate & Property, The SciTech Lawyer, and Experience are available as searchable PDF downloads.

New Titles Include:

  • Blogging and Podcasting: Challenges, Legal Issues, and Lawyer Advertising
  • Dealing With the Death of a Solo Practitioner
  • The Significance of the Transfer-on-Death Deed
  • Balancing Legal, Ethical, and Human Interests in Representing Whistleblowers

View the list of available article titles »

 

New Releases

Annual Franchise and Distribution Law Developments, 2008 Edition

Construction Checklists: A Guide to Frequently Encountered Construction Issues

E-Discovery: Twenty Questions and Answers

Fair Measure: Toward Effective Attorney Evaluations, Second Edition

Fundamentals of Franchising, Third Edition

The Globalized Lawyer: Secrets to Managing Outsourcing, Joint Ventures and Other Cross-Border Transactions

The Legal Career Guide, Fifth Edition

Profile of Legal Malpractice Claims: 2004-2007

The Property Tax Deskbook, 2008 Edition

The Reflective Counselor: Daily Meditations for Lawyers

Coming Soon

The American Bar Association Complete Personal Legal Guide - The Essential Reference for Every Household

ATM and Debit Cards - A Guide to Legal Issues

Garner on Language and Writing

International Practitioner's Deskbook Series: International Labor and Employment Law, Second Edition, Volume II

The Lawyer's Guide to Microsoft Excel 2007

The Little Red Book of Wine Law

THE Construction Contracts Book: How to Find Common Ground in Negotiating Design and Construction Clauses, Second Edition