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| NEW
PRACTICE INFORMATION |
Essential
Personal Characteristics for Making Partner
Law firms
rarely publish their criteria for partnership, although some have.
If you ask some of the partners, you will probably get the same answer,
more or less, but with varying emphasis. The emphasis will change
from partner to partner and from time to time, but large firm or small,
the criteria are much the same. What are the essential personal characteristics
every partnership candidate should possess? |
Of
Counsel—A New Status
At
one time, the Of Counsel designation was used to show that a law firm
had powerful friends in high places. The listing of a senator, congressional
representative, or former judge available to talk to the partners
of the firm if needed was perhaps the most important use of the phrase.
This use of the designation is now all but obsolete. So what does
the term mean today? |
Nonverbal
Communication Can Be the Key
One of the most
important ways people communicate has nothing to do with the content
of what they say, especially when it comes to their opinions and
emotions. To evaluate potential jurors’ opinions and
biases, it is important to be aware of what jurors are telling us
beyond the answers they give to questions posed during the course
of voir dire. |
Successful
Lawyers Take Control of Their Careers
Responsibility
for planning a successful legal career is the lawyer's alone. Lawyers
who interview for jobs that fit within their mission and vision—rather
than accepting jobs and hoping they will discover what they want
to do once they get hired—will not only stay, but thrive,
in their jobs longer. Many lawyers leave because they are presented
with "better opportunities" elsewhere, not knowing how
to transform their current positions into ones that are more challenging
and potentially more rewarding. Career design and career building
are a lawyer's best strategies for avoiding boredom and burnout. |
| The
Real Purpose of Cross-Examination
There are three
times when you “testify” in any trial: opening statement,
cross-examination, and final argument. How is cross-examination
“testifying”? Simple.You are entitled to lead on cross-examination.
If you ask the questions the right way, you do all the talking,
and the witness agrees (no matter how reluctantly) that what you
say is true. Cross-examination is your opportunity to give your
side of the witness’s story your way. |
What
Constitutes a Threat? Given
the recent school shootings in Minnesota, it has become readily apparent
that threats and threatening communications have become increasingly
prevalent in our schools today. But because a student’s
speech or writing can invoke certain constitutional rights, school
officials and their counsel must analyze their positioning before
responding to perceived threats. |
Checkpoints
in Cyberspace: Export Administration Regulations
The Export Administration Regulations (EAR) implement U.S. export
control policy on dual-use commodities, software, and technology.
“Dual-use” signifies items that have predominantly civilian
use, but may also have military, proliferation, or terrorism uses.
Exports of items not otherwise controlled by other U.S. federal agencies
are generally controlled by the Department of Commerce, primarily
through the EAR. The scope of such controls can be found primarily
in the definition of what is “subject to the EAR” and
in the EAR’s enumerated “Ten General Prohibitions.”
However, the EAR extends its controls in many unexpected (often inconsistent
or unclear) ways that necessitate a careful consideration of accepted
assumptions about “export controls.” |
Former
Employees Know Where the Bodies Are Buried
Discovery becomes especially complex when an entity with employees
is a party to the dispute. Counsel often cast a wide discovery net
to include current and former employees, and with good reason: Every
employee has a memory. And today, many employees retain employer-related
records on their home computers. How can lawyers get the information
they need from current and former employees, whether by formal or
informal discovery, without running afoul of ethical or procedural
rules? |
ABA
Publishing Book Finalists in Benjamin Franklin 2005 Awards
Estate
Planning for Same-Sex Couples by Joan Burda has been selected
as a finalist in the Best of Gay/Lesbian Nonfiction category by the
Independent Book Publishers Association. And, The
Shadow of Justice by Milton Hirsch was selected as a finalist
in the Best New Voice (Fiction) category. Named in honor of America’s
most cherished publisher/printer, the Benjamin Franklin Awards recognize
excellence in independent publishing. Books are judged by top practitioners
in each field. The Benjamin Franklin 2005 Awards presentation ceremony
will be held in New York City this June. |
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| NEW
BOOKS FROM ABA PUBLISHING |
| The
ABCs of Nonprofits
Section
of Business Law
Business
Torts Litigation, Second Edition
Section
of Litigation
Discovery
from Current and Former Employees
Section
of Litigation
The
Lawyer's Guide to Adobe® Acrobat®, Second Edition
Law
Practice Management Section
McElhaney's
Trial Notebook, Fourth Edition
Section
of Litigation
Model
Jury Instructions: Business Torts Litigation, Fourth Edition
Section
of Litigation
The
Of Counsel Agreement: A Guide for Law Firm and Practitioner, Third
Edition
Senior
Lawyers Division
TAKE
ADVANTAGE OF SPECIAL SAVINGS WHEN
YOU PRE-ORDER THE FOLLOWING BOOKS
Annotations
to Surplus Lines Statutes
Tort Trial
& Insurance Practice Section
ERISA
Survey of Federal Circuits
Tort Trial
& Insurance Practice Section
Flying
Solo: A Survival Guide for the Solo and Small Firm Lawyer, Fourth
Edition
Law Practice
Management Section
The
Lawyer's Guide to Creating Persuasive Computer Presentations, Second
Edition
Law Practice
Management Section |
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Practice
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ABA Publishing
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