ABA Publishing's Inside Practice-March 2005

In this newsletter:		Featured Title Bestsellers New Books
NEW PRACTICE INFORMATION
How to Prevent a Schiavo Nightmare A properly executed advance health care directive can prevent the kind of sad scenario playing out currently in the news over Terri Schiavo, the woman with brain damage, whose husband and parents are in a court and media battle over whether her feeding tube should be removed. Absent guidance from the incapacitated person’s own health care instructions, a substitute decision maker must somehow try to determine what that person would have wanted under the circumstances: a position rife with doubt, misunderstanding of the person’s wishes, and potential conflicts of interest. Can anything help the situation?
Which State's Law Applies to Lease Contracts? Until all states have adopted the most current version of Article 2A of the Uniform Commercial Code, resolution of leasing disputes may turn on which state's law applies to the lease contract. While both Article 1 and Revised Article 1 provide choice-of-law rules, additional limitations apply to consumer leases under Article 2A.
A Trademark by Any Other Name? Not all trademarks have great value – some have little or no value outside the context in which they are used. For an initial assessment of whether value exists, a series of questions or tests can be applied to a trademark before engaging in the valuation process.
Reduce Your Risk Exposure with Law Firm Self-Audits Conflict-of-interest malpractice claims and related ethics complaints are among the most rapidly increasing types of allegations lodged against lawyers today. Legal consumers are no longer hesitant to cry foul when made aware of their lawyers' alleged conflicts. The increasing number of corporate mergers and acquisitions as well as the onslaught of law firm partnership mergers and dissolutions also help to foster a multitude of potential conflicts for firms. Mistakes happen in the best law firms. There are, however, precautionary steps that can be taken to reduce the risks. By carefully planning and implementing a comprehensive self-auditing program, firms can greatly reduce their risk exposure.
Written Collections Policies Pay Off It is of utmost importance that you move quickly to collect any overdue accounts. The more time you wait, the harder it will be to collect the fee. It's best to create a written collections policy before you represent your first client. If that is not possible, create one as soon as you ask the client to sign the fee agreement. Your written policy must take into account two main functions: how to keep track of when clients are behind on their payments and how to contact clients when they are late with payments.
Rules on China's Ongoing Legal, Economic, and Political Reform Some things relevant in the 1980s and 1990s may not be relevant today – many of the laws and practices of the past are out of sync with China's new economy, and attorneys should be prepared to adjust from prior arrangements and understandings.
Client's Side of the Desk In estate planning, there may be secrets that one spouse does not want divulged to the other spouse, and the lawyer's questions may be evaded. Also, there may be unexpressed concerns over the future stability of the couple's marriage. So, how should the lawyer proceed?
Defining Environmental Justice Concerns over environmental justice can have an impact on transactions far out of proportion to the issue's legal importance. Several laws require the consideration of environmental justice issues in making permit decisions. But what is environmental justice?
Representing Lesbian and Gay Clients Before deciding to represent lesbian and gay clients, you must first determine your own comfort level. A good way to do this is to take a closer look at the potential questions a client may ask in the initial meeting.
Resolving Discovery Disputes Motions to compel discovery responses where none have been filed, or to compel responsive responses where deficient answers have been given, are the most frequent disputes that the court is called upon to resolve. More often than not the parties involved file long ponderous memoranda with pages of string cites to cases from other circuits or districts. Such sloppy advocacy exasperates the court and delays a decision. Avoid overkill and keep your motion or opposition short, focused, and relevant to your jurisdiction.

NEW BOOKS FROM ABA PUBLISHING
2004 Annual Review of Antitrust Law Developments Section of Antitrust Law Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Disputes, Second Edition Section of Public Contract Law Antitrust Compliance: Perspectives and Resources for Corporate Counselors Section of Antitrust Law Competition Laws Outside the United States First Supplement Section of Antitrust Law Econometrics: Legal, Practical, and Technical Issues Section of Antitrust Law Fundamentals of Intellectual Property Valuation: A Primer for Identifying and Determining Value Section of Intellectual Property Law Guide to Fixed-Price Supply Subcontract Terms and Conditions, Fourth Edition Section of Public Contract Law Law Office Procedures Manual for Solos and Small Firms, Third Edition Law Practice Management Section Market Power Handbook: Competition Law and Economic Foundations Section of Antitrust Law Model Jury Instructions in Civil Antitrust Cases 2005 Edition Section of Antitrust Law Obtaining Discovery Abroad, Second Edition Section of Antitrust Law A Primer on the Federal Price Discrimination Laws: A General Review of the Robinson-Patman Act for Business Managers, Third Edition Section of Antitrust Law Telecom Antitrust Handbook Section of Antitrust Law TAKE ADVANTAGE OF SPECIAL SAVINGS WHEN YOU PRE-ORDER THE FOLLOWING BOOKS Annotations to Surplus Lines Statutes Tort Trial & Insurance Practice Section Checkpoints in Cyberspace: Best Practices to Avert Liability in Cross-Border Transactions Section of Business Law ERISA Survey of Federal Circuits Tort Trial & Insurance Practice Section The Lawyer's Guide to Adobe® Acrobat®, Second Edition Law Practice Management Section The Of Counsel Agreement: A Guide for Law Firm and Practitioner, Third Edition Senior Lawyers Division




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