|
|
| |
|
| |
|
| |
|
 |
|
| TOP
TWELVE MOST-VIEWED ARTICLES OF INSIDE PRACTICE |
Yellow
Pages Ads Are Not Image Makers
Yellow
Pages advertising has one function, and one function only: to
bring you new business. It is not the place to establish image.
It is not the place to communicate anything to your competitors.
All too frequently, lawyers create ads that make them look good.
They believe that if they look good, people will want to do
business with them. Not so. Clients truly do not care how good
their lawyers look—they care about how well lawyers will
deliver services to them. They care about how well
they will get their needs met. Read on for more on
what potential clients are looking for in Yellow Pages ads.
|
McElhaney
and the Art of Telling a Story
The
story is at the heart of the entire legal process. Opening statements,
direct examination, cross-examination, and final arguments are
all stories. So are motions, applications, and appeals. We use
stories to pass on information. We use stories to explain important
principles and deal with conflicts. In other words, we use stories
to understand. Every argument is a story, and every lawyer is
a storyteller. If you are going to be an effective lawyer, you
need to know the basic elements of a story and some ideas for
how to tell one. |
| Letter-Writing
Strategy
In
litigation, there is no such thing as a “casual letter.”
Every letter that goes out becomes a part of the litigation and
should be done with care and with strategic considerations in
mind. |
Nonprofits
and Sarbanes-Oxley
What
relevance, if any, do the recent reforms generated by the Sarbanes-Oxley
Act have on the world of nonprofits? Plenty. Nonprofit organizations
today need to be as watchful over the uses of their assets and
the behavior of their directors as do their for-profit counterparts.
|
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? |
| Negotiating
a Software License
Software
is neither fish nor fowl, for it looks as though it is bought
and sold like a good but it is a license and not a tangible product. |
The
Curmudgeon on Writing a Brief
The
Curmudgeon knows a thing or two about legal writing, and he will
tell you that there are matters of style unique to writing a brief.
First, when writing a brief, avoid alphabet soup. Judges read
many briefs every day. Most lawyers use alphabetical short forms
for the names of parties, statutes, and agencies. Those alphabetical
short forms become meaningless after a judge has read the first
20 or 30 briefs. |
Closing
the Deal
"Closings
would be great if it weren't for the people." So said a senior
partner to a junior associate as they entered the closing room.
The closing itself involves a curious mixture of science and art—science
in the careful drafting and execution of documents that reflect
the terms of the acquisition transaction, and art in the constant
interplay of personalities that determines whether these magnificently
drafted documents will ever be executed. As with every other aspect
of the practice of law, preparation for this important event is
critical, and more is better (and safer) than less in addressing
details. |
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?
|
| Are
You Giving Legal Advice or Legal Conclusions?
Never
give legal conclusions is a firm rule for training, whether or
not you are a lawyer. Why? |
A
House Divided . . .
Ted
and Alice, both age 55, decide to divorce after 22 years of marriage.
Their main assets are their house, which is 80 percent paid for,
Ted's pension, Alice's IRA, and Alice's investment account, which
she inherited from her father. They also have two cars and assorted
personal property. They both work outside the home. By what rules
will their property be divided? |
How
to Make a Successful Freedom of Information Act Request
When you
submit a record request to a federal agency, it is the agency’s
obligation to conduct a reasonable search for those records.
To expedite the process, read on for a checklist in making a successful
FOIA request. |
|
Save
20%
off your ABA Publication order
through May 31, 2006.
Use source code PAB5ELWD at Checkout.
Click
Here to Shop and Save: http://www.ababooks.org
|
|
|
|
|
|
|
| NEW
RELEASES FROM ABA PUBLISHING |
| Nonlegal
Careers for Lawyers, Fifth Edition
ABA
Law Practice Management Section
The
Electronic Evidence and Discovery Handbook: Forms, Checklists
and Guidelines
ABA Law Practice
Management Section
Citizen
Oversight of Law Enforcement
ABA Section
of State and Local Government
Eminent
Domain Use and Abuse: Kelo in Context
ABA Section
of State and Local Government
Antitrust
Law and Economics of Product Distribution
ABA Section
of Antitrust Law
The
Merger Review Process, Third Edition
ABA Section
of Antitrust Law
Assisted
Reproductive Technology: A Lawyer’s Guide to Emerging Law
and Science
ABA
Section of Family Law
The
Military Divorce Handbook
ABA
Section of Family Law
Letters
for Divorce Lawyers: Essential Communications for Clients, Opposing
Counsel, and Othersetters for Divorce
General
Practice, Solo and Small Firm Division
Real
Estate Lore: Modern Techniques and Everyday Tips for the Practitioner
ABA Section
of Real Property, Probate and Trust Law
Charitable
Gift Planning
ABA Section
of Real Property, Probate and Trust Law
Contractor
Team Arrangements-Competitive Solutions or Legal Liability: The
Deskbook for Drafting Team Agreements
ABA
Section of Public Contract Law |
|
|
|
| COMING
SOON FROM ABA PUBLISHING |
|
The
Lawyers Guide to Balancing Life and Work, 2nd Edition
ABA
Law Practice Management Section
Bankruptcy
Deadline Checklist, Third Edition
ABA Section
of Business Law
Financial
Statement Analysis and Business Valuation for the Practical Lawyer,
Second Edition
ABA
Section of Business Law
Reorganizing Failing Businesses, Revised Edition: A Comprehensive
Review and Analysis of Financial Restructuring and Business Reorganization
ABA Section
of Business Law
Premerger
Notification Practice Manual, Fourth Edition
ABA
Section of Antitrust Law
A
Guide to Federal Agency Rulemaking
ABA Section of Adminstrative Law and Regulatory Practices |
|
UNSUBSCRIBE
This newsletter is sent to you every month. If you would like
to unsubscribe from this list, please contact the list owner
at aba-publishing-enews-request@mail.abanet.org
(or ABAPUBLISHING@staff.abanet.org)
requesting that you be removed from the list of recipients.
----------------
Your e-mail address will only be used within the ABA and its
entities. We do not sell or rent e-mail addresses to anyone
outside the ABA.
To change
your e-mail address or remove your name from any future general
distribution e-mails you can call us at 800-285-2221 or write
to:
American Bar Association
Service Center
321 N. Clark Street, Floor 16
Chicago, IL 60610
If you are an ABA member, log in to the ABA website at http://www.abanet.org/abanet/common/MyABA/home.cfm,
to edit your member profile. Otherwise, complete the form located
at https://www.abanet.org/members/join/coa2.html.
To
review our privacy statement, go to http://www.abanet.org/privacy_statement.html.
----------------
References
may be kept up to date through periodic supplementation, revisions,
and companion volumes sent on approval. Any supplementation
issued within three months of purchase will be sent at no additional
charge. You may change or cancel any upkeep service at any time
by notifying the American Bar Association in writing.
© Copyright
2006 American Bar Association
http://www.abanet.org/
|
