The power and complexity of electronic discovery and evidence are rapidly raising the bar for trial preparation and litigation. You must command it or risk being stung by it. At the ABA we offer a strong selection of books by experts in the field to bring order to the chaos—and to bring you up to speed on this evolving area.
Innkeepers are held to the highest standard of care of all landlords. When a guest at a hotel or motel is the victim of a crime, the landowner is confronted with a very difficult lawsuit. Aside from the elevated standard of care issue, there is something inherently frightening about crimes committed in a hotel or motel. Jurors can easily relate to this scenario, and the defense should expect that jurors will have little tolerance for crimes committed in hotels or motels.
Due diligence of a company by a lawyer is analogous to a physical exam of a patient by a doctor. In each case, the professional performs a standard set of evaluations to determine the fitness of the subject. Occasionally, problems are found and, as with a physician, a lawyer’s job is to assess their magnitude and to find a cure. But how do you discover an important diligence problem that keeps your client from making a big mistake?
Initially, the courts and the founders of the country essentially considered “religion” to be any of the various denominations of Christianity, but since the First World War there has been judicial recognition in America that “religion” is not limited to Christianity. In 1961, the Supreme Court acknowledged that some religions did not even recognize the existence of God. By the 1960s, the definition of religion no longer required a belief in God. This expansive viewpoint of religion has been a part of the move away from being a “Christian nation” to that of a nation hospitable to all religions, until it has become evident that the First Amendment freedom to believe also includes the freedom not to believe.
Prosecutors have an obligation to disclose to the defendant plea agreements entered into to gain the cooperation of a key witness. Defense counsel typically uses the disclosed deal to argue that the cooperating witness’s testimony is unreliable. But what happens if the prosecutor makes only vague comments the witness views as implying a reward of leniency? Is there an agreement if the witness offers to testify to gain a benefit and the prosecutor gives encouragement but no definite promise? If a prosecutor gives a witness lenient treatment after the witness testifies, should a court conclude that there was an implicit agreement that should have been disclosed?
Minority women lawyers encounter persistent and pervasive barriers to their career opportunity, growth, and advancement. They experience unique disadvantages based on the double whammy of race in addition to gender. Women lawyers of color fare worse than women generally and even men of color. They are searching for ways to quell fears of whether they belong, whether they can succeed, and how they should address issues of marginalization, sexism, and racism. In addition, they are searching for answers on how to balance work, family, and personal values.
The most effective way to address domestic violence and stalking in the workplace is to develop and implement a workplace policy on domestic violence and stalking. Such a policy should address scenarios where employees may be victims or abusers, and where all employees work to create and foster a safe workplace. By developing policies and procedures, and conducting trainings with minimal effort and cost, employers can address safety concerns and support their employees, thereby increasing productivity, minimizing costs, and avoiding liability.
While the ability to authenticate records at the stage of data collection is well established, and the leading products have built-in authenticity checks, the same cannot be said in the area of tools for lawyer review and production. Unique issues are presented when large sets of electronic data are filtered and pared down to reduce the dataset to that which is relevant or not privileged/protected. In addition, preparation of electronic evidence for production presents unexpected challenges. What solutions have vendors developed to meet these challenges?
Virtual law is like “Internet law,” in that it refers to a wide body of generally preexisting law that is applied somewhat differently in a new context. In fact, much of what we think of as “Internet law” applies to virtual worlds. In sum, virtual law is the statutory and case law that governs virtual worlds and the application of that law to these spaces.
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.
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An increasing number of firms are hiring professional development experts. The information shared in this manual will be invaluable to those, all firms, and individual attorneys focused on their own professional development. The contributors identify the best professional development practices, the related mistakes firms and/or lawyers make, provide examples illustrating the errors, and include suggestions to “cure” or prevent related blunders. Job descriptions of professional development positions are also included in the hard copy offering; sections on best practices for lawyers and employers also are each available individually and in bulk in downloadable formats.
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.
