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American Bar Association September 2008: Vol 7, Issue 9
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Letter From the Publisher

Dear Colleagues:

The ABA Web store offers terrific resources for navigating the ever-shifting terrain of e-discovery.

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In this Issue:
  • New Practice Information: Commercial Real Estate, Vouching, Outsourcing, Global Footprints, more...
  • Book Briefs Podcast: Risk Management
  • CLE Offerings: Cross-examination, Discovery, more...
  • Practice Essentials Downloadable Articles
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New Practice Information
Keys to Closing Commercial Real Estate Deals

Whether you are a newly admitted lawyer, a lawyer who specializes in another type of law but handles the occasional real estate matter, or a lawyer who is beginning to refocus on real estate law, you need to know how to undertake the day-to-day tasks that commercial real estate lawyers must perform in a practice setting. This knowledge will allow you to work effectively on behalf of your clients and successfully close commercial real estate deals.

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Vouching
What are those "proper bounds" when arguing credibility of witnesses?  Specifically, what is "vouching?"  Most trial lawyers know vouching, like obscenity, when they see it—even if they have trouble formulating a definition. In fact, vouching is an improper means of bolstering a witness’s credibility. Here are some examples of permissible personal opinions that are not seen as vouching.
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Legal Requirements for Electronic Notarization

Notaries have long been critical components in authenticating documents. If a document has been notarized, it is “self-authenticated” under Federal Rules of Evidence Rule 902. No witness or other extrinsic evidence is needed, because the document comes directly into evidence. But how can such a process work in a digital world? If you are signing something electronically, as a notary might do in an electronic transaction dealing with digital information, how do we know it was really the notary who signed something? How does the notary prove his or her own identity?
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Global Footprints
Science and individual experiences have demonstrated beyond a shadow of a doubt that our environmental footprints lie heavy on the planet, in sheer disregard of the right to exist for the non-human species. Biodiversity is inextricably linked to the lives of the human species, and its protection is crucial for our own survival. Read on to learn how wildlife law reflects the concerns of individual countries and how they are trying to regulate actions of human inhabitants.
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Master Outsourcing Issues —Or Watch Your Clients Migrate
The development of a global economy presents both you and your clients with threats and opportunities. The threat is most apparent if you continue to do business as usual. If, however, you undertake to develop a global practice, the opportunities present themselves as well. You can not only assist your existing client base with their global sourcing, licensing, and joint venture issues, you can market your services to those clients whose regular counsel do not concern themselves with international transactions.
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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.

Risk Management

In this ABA Book Briefs Podcast Anthony E. Davis, one of the co-authors of the book, Risk Management: Survival Tools for Law Firms, Second Edition gives guidance on what steps a law firm should take to ensure continued operation in the event of a disaster.

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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

CD McElhaney on Cross Examination (Audio CD Package)

In this three-part program, James McElhaney, one of the most sought-after speakers on trial practice, explains how to be a more successful cross examiner. Among the subjects covered are how to choose effective language for cross examination; find and exploit a witness's vulnerabilities; impeach witnesses; control the slippery and sly witness; rein in the runaway witness; use prior inconsistent statements; effectively refresh recollection; and cross examine experts. McElhaney's presentations are recognized for their humor as well as their insightful and memorable content.

This package includes a study guide.

CD

171 Ways to Improve Your Discovery Techniques: A Treasury of Ideas from Leaders in the Section of Labor and Employment Law (Audio CD Package)

Discovery is the most active portion of one's litigation practice. It is the very foundation on which litigation rests. A good discovery plan is the key to winning cases, either through dispositive motions or at trial. Conversely, a poor discovery plan can throw an entire case off course, resulting in wasted time and money. In this program, the CLE Committee of the ABA Section of Labor and Employment Law has gathered together a group of experienced employment lawyers from across the country who will give you practical ways to improve your discovery techniques.

CD The Last Thirty Days Before Trial (Audio CD Package)

This course is an excellent opportunity to hear seasoned trial lawyers provide practical trial advice on the crucial tasks to be accomplished in the last thirty days before trial.

 
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.

View the list of available article titles »

 

New Releases

Construction Checklists: A Guide to Frequently Encountered Construction Issues

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 Little Red Book of Wine Law

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