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American Bar Association



The Truth I Never Knew about Direct and Cross-Examinations

By Jason Brenner

Keep the principles of preparation, controlling your case, and working every case as if it is going to trial at the forefront of your mind.

Be Prepared: Application of Work-Product Privilege to Deposition Preparation Materials

By Amy Frenzen

Precautionary steps to take ahead of a deposition.

Young Lawyer Spotlight: Karen Munoz

By Jamie L. Lanphear

An interview covering direct and cross-examination.

How to Deal With Unexpected Testimony on Direct Examination

By Hayes Hunt

You can impeach the credibility of your witness on direct examination with the use of a prior inconsistent statement.

How Amended Civil Rule 1 Changes the Landscape of Lawyers' Ethical Obligations

By Christopher Skinner and Stephanie McCoy Loquvam

A lawyer's duty of competence under Model Rule 1.1 is necessarily implicated by the lawyer's duties under Federal Rule of Civil Procedure 1.

Crafting Cease-and-Desist Letters Without Violating the ABA Model Rules

By Joshua A. Kurtzman

Cautionary tales for attorneys.

Interview with Jason Beehler of Kegler Brown Hill & Ritter

By Jamie L. Lanphear

A regular contributor to the Ohio Legal Ethics Blog offers advice to associates who want to avoid ethical pitfalls.

Maintaining Privacy and Confidentiality in Litigation—Can It Be Done?

By Ronald J. Hedges

What considerations guide the use of private or confidential information, and what should an attorney do to protect it?

Overcoming the Exhaustion Requirement of the Prisoner Litigation Reform Act

By Josh Kurtzman

How pro bono counsel can help prisoners in litigating their grievances.

Interview with Elizabeth "Beth" Palmer of Rosen Hagood

By Michelle Molinaro Burke

One of South Carolina's Young Lawyers of the Year discusses public service work.

Protecting Chimpanzees Through Pro Bono Work

By Katelyn E. Keegan

This important work allows lawyers to solve complex legal problems while protecting and rescuing chimpanzees from a lifetime of exploitation and imprisonment.

Of Eggs and Hens: Pro Bono Opportunities in the Area of Animal Law

By Molly L. Wiltshire

Pro bono opportunities for associates in animal law are as wide-ranging and diverse as the opportunities in other legal practice areas.

Investigations by the U.S. Securities and Exchange Commission

By John S. Durrant, Adam M. Reich, and Neil J. Schumacher

A high-level overview the SEC's investigation process.

E-Discovery in Government Investigations: An Introduction

By Adam M. Reich

Basic guidance for attorneys new to counseling clients regarding production of ESI.

The Nuts and Bolts of Your First Investigation

By Justin L. Heather

An overview for young lawyers of the differences between litigation and investigations.

Young Lawyers Must Create a Career Plan

By Justin L. Heather

Helpful tips for young lawyers for taking charge of their career, whether it be by promotion or obtaining a new position.

Three Strategies to Becoming a Legal Rainmaker

By Steve Fretzin

Advice from a seasoned lawyer.

Deposing Nonparties in States Other Than Where Your Case Is Pending

By Adam Reich

Taking depositions of out-of-state witnesses in jurisdictions adopting the Uniform Interstate Depositions and Discovery Act.

Looking to Senior Lawyers and Local Counsel for Guidance

By Justin Heather

Lawyers should consult with more experienced lawyers and local counsel on both in-state and out-of-state matters to comply with local practice and custom.

Location Awareness for New Litigators

By David Dobin

Lawyers must be aware of where they fit within the engagement and the team.

Can We Talk?

By David S. Wachen and George Hovanec

Nationwide survey reveals wide range of practices governing communication with witnesses while defending their deposition.

The Future Is Now: Using Interactive Technology for Today's Courtroom

By Chris Broyles

A modern jury will benefit from incorporating the latest devices into your presentation.

What Kind of E-Discovery?

By James Berriman

You must be able to spot the circumstances in which either an active-file or a forensic approach is needed.

Ethics Resources for Your Virtual Office

By David Dobin

This list is by no means exhaustive, but it can provide a good starting point.

The Supreme Court's Summer Decisions on Modern Technology

By David Dobin

Technology questions can be resolved with existing precedent and principles, but the law must also adapt.

Google-fy Your Law Practice

By Patrick Soon

An insider's account of the tech giant's unique legal operations.

Focus on Success: Focus on You

By Christina Liu and Mor Wetzler

Tips that we have gleaned from amazing young and young-at-heart litigators.

Interview: Business Development Advice for Lawyers

By Steve Fretzin

The best fishers know where to fish.

#Ethics #Good Idea? NYSBA Issues Social-Media Ethics Guidelines

By Adam Reich

The New York State Bar Association has created guidelines "to assist lawyers in understanding the ethical challenges of social media."

Invalidating Patents after the America Invents Act

By Donika P. Pentcheva, Nathan K. Shrewsbury, and Debora Plehn-Dujowich

The AIA created several new administrative trial procedures to review the patentability of an issued patent.

Petitioning the Court for a Competent Expert

By Adam J. Sheppard

Failure to do so may constitute ineffective assistance of counsel.

Succeeding in the Firm

By Justin L. Heather

Focusing on the day-to-day activities will help ensure success.

Making the Transition to In-House Counsel: Pointers for Success

By Dan Cotter

Advice from someone who has made the move.

Transitioning to Partner

By Amy Drushal

Making partner is just the beginning.

Advice from a Young Lawyer: Going Solo

By Wingsze W. Sun

Take ownership in something you love to do.

Preparing for Your First Trial

By David Dobin

Two comprehensive checklists to make the experience less daunting.

The Rights of Children of Same-Sex Couples: In Their Own Words

By Monique R. Sherman

An amicus curiae brief gives the children a powerful and persuasive voice in the Supreme Court.

Opening Statements: Tips for Effectiveness in 15 Minutes or Less

By William F. Sullivan and Adam M. Reich

Movies may be more instructive than you realize.

Mastering Voir Dire

By Robert Bates

Think of it not as a process to select jurors you want, but to eliminate those you do not want.

Observing Jurors During Trial

By Cynthia R. Cohen

Once the case is rolling, observation is telling.

Direct Examination: How to Lead Your Witness in a Non-Leading Manner

By Eric S. Wolfish and David R. Singh

Five tips to lead without leading.

Preparing and Conducting Effective Cross-Examinations

By Matthew A. Passen

The success of your cross-examinations at trial depends on the work that you do beforehand.

Basics in Preserving the Record on Unfavorable Evidentiary Rulings

By Adam J. Sheppard

To properly preserve adverse rulings for review, follow these five steps.

Closing Arguments: 10 Keys to a Powerful Summation

By Dennis S. Ellis and Adam M. Reich

An effective closing argument may turn a closely contested trial in your favor.

Accurately Predicting the Outcome of Your Case

By Jessica Hoffman Brylo

A lawyer's judgment of a case is crucial in knowing how much to settle for and how to persuade a jury.

Just the Facts on White-Collar Litigation

An Interview with Sean Haran

A practitioner of criminal litigation discusses interviewing witnesses, the FCPA, and where the SEC and DOJ are headed.

Just the Facts on Securities Litigation

An Interview with Peter Stone

Our interview with a securities lawyer details one of the more cutting-edge areas of law.

Just the Facts on Intellectual-Property Litigation

An Interview with Tommy Wang

An IP attorney talks about recent trends and what changes can be expected in the field.

Just the Facts on Antitrust Litigation

An Interview with Meghan Edwards-Ford

A lawyer with a zeal for antitrust law describes a practice that can change on a daily basis.

Just the Facts on Franchise Litigation

An Interview with Carmen D. Caruso

Our conversation covers an area of law that intersects with many other types of litigation.

Demystifying the Advance Health Care Directive

By Carrie L. Anderson

Be prepared in the event you cannot make decisions on your own.

Advice for Young Lawyers: Becoming an Expert on Experts

By George Abele and Adam Reich

Everything you need to know about handling expert witnesses.

Gender Identity: Breaking Ground in Employment Law

By Evan Schlack

Claims based on gender-identity discrimination are gaining traction.

The Switchboard Attorney: A Career You Knew Existed but Never Realized

By Matt Gipple

Your path may lead you to a nontraditional but highly respected role.

You've Got Our Attention; Now Give Us Your Ideas

By William R. Bay

Today's young lawyers are tomorrow's leaders, and we need to hear more of their great ideas.

Lessons in Leadership from the Civil Rights Movement

By Rachel J. DuFault

Paulette Brown offers leadership lessons for young lawyers inspired by civil rights issues.

The Fusion of Litigation and Leadership

By Tiffany Colbert

Don Bivens, chair-elect of the Section of Litigation, offers advice for young lawyers in becoming leaders.

Five Tips for Young Lawyers Hanging a Shingle

By Cindy Albracht-Crogan

Follow these tips to ensure your fledging firm beats the odds.

Success and Business Development Tips for Young Attorneys

By Christina Liu

A recent panel offers insight into how young lawyers can strategically enhance their profiles, both internally and externally.

Advice to Outside Counsel on Generating Business

By Thomas A. Loquvam

Attracting clients takes concerted effort over a long period of time. One young attorney attempts to dispel the mystery of generating new business.

Business School Lessons for Lawyers: SWOT Analysis in Law Practice

By John A. Nasr and Stephanie McCoy Loquvam

A SWOT analysis can be used to assess the potential costs and benefits of a legal course of action and ultimately helps serve the clients' best interests.

What They Didn't Teach in Law School: Working with a Paralegal

By Paul D. Edger

Paralegals know just as much as attorneys and, in some regards, even more.

New ABA Rule on Practice Pending Admission

By Mary J. Bortscheller

This is good news for lawyers on the move.

Guidance for Working with Associates, Contract Attorneys, and Paralegals in Document Reviews

By Lindsey Nelson

A well-run and well-organized document review will lead to a better understanding of the case for everyone.

Economic Damages and Financial Experts: What You Need to Know

By David Majors and John Tira

A financial expert well-versed in assisting counsel with building a logical damages case can be the difference between a successful judgment and a disappointing result.

Supreme Court Weighs In on Voting Rights Litigation

By Lindsey Nelson

The U.S. Supreme Court recently cast its own votes in two election-related cases.

How to Deal with Difficult and More Senior Opposing Counsel

By Stephanie McCoy Loquvam

Attorneys offer valuable tips for managing difficult personalities, handling stereotyping, and maintaining credibility in your litigation practice.

Pregnancy Discrimination Is on the Rise

By Renee Elise Coover

Discriminatory attitudes about pregnant women are prevalent and can affect women's wages in the workplace.

Professional Development Through Bar Association Involvement

By Christina Plum

Involvement in a local or national bar can help you develop leadership skills and grow a network of professional contacts and friends.

Uncovering Potentially Hidden Product-Defect Claims

By Christopher J. Roberts

It is important to consider potential product-defect issues in serious automotive accident cases.

How to Become a Law Firm Partner

By Matt Shinners

A decade in, you don't want to end up in the legal equivalent of the "friend zone."

Mentoring for Today: The Basics

By Louise A. LaMothe

Connections with people inside and outside the firm will ensure you truly learn the ropes.

A Young Lawyer's Guide to Ethically Confronting Substance Abuse

By Rachel G. Packer

What happens when someone whose job is to help people is the one who needs help?

YAC Hosts Free Rainmaking Teleconference for Section Members

By Dave Scriven-Young

Topics included networking, speaking engagements, advertising strategies, the media, and business coaches.

The Supreme Court Takes on the Widely Challenged PPACA

By Tanya Falleiro

Since it was signed into law, the act has been extensivley contested. Many states, organizations, and even individuals have filed a variety of actions challenging the constitutionality of PPACA.

Mentoring: The Rules of Engagement

By Patricia K. Gillette and Katherine M. Larkin-Wong

The authors, who were matched in a mentoring program, offer their "rules of engagement" for forming a successful mentoring relationship.

Employment-Law Tips for Young Lawyers in Supervisory Roles

By Lynlee Wells Palmer

As young or new lawyers, many of us are faced with being a "boss" for the first time. Even if your practice does not involve employment law, it is important for you to know some basics to avoid liability.

Breaking into International Arbitration: A Primer

By Harout Jack Samra

At times, learning about and working in international arbitration can seem like too much to absorb at once. Taking a long-term view of development is important.

An Introduction to International Arbitration

By Justin L. Heather

International arbitration is a growing field and is becoming more prevalent in a broader range of subject-matter areas.

Writing Your First Appellate Brief

By Haley Maple

Tackling an appellate brief is much different from your familiar ground at the trial level. You need to be ready to handle this new animal called an appeal.

E-Discovery: Getting to the Starting Gate

By James Worthington and Mor Wetzler

So much information is electronically stored that it is only a matter of time before e-discovery swallows all of discovery. How do you handle e-discovery at the start of a case?

Obtaining and Collecting on a Judgment

By Ryan J. Works

The groundwork for obtaining an enforceable judgment begins even before the case is filed. Below are various steps you can expect to follow in the process.

High Court to Shed Light on Employment Discrimination Class Actions

By J.A. Curia III

While not as prolific as wage/hour claims, discrimination class actions can be much more high profile and may present more serious financial risks to the company being sued.

Why Diversity?

By Kelly-Ann Clarke

Lately, the word "diversity" is met with mixed emotions; however, when used in the workplace, it is often misunderstood.

How to Take a Deposition

By Dan Goldman and Mor Wetzler

For lawyers learning how to take depositions, there are a few guiding principles to keep in mind and a number of traps to avoid.

Book Review: Chasing Paper

By Justin L. Heather

Even the more experienced litigator has much to learn or relearn from this book. Packed with helpful hints, checklists, and anecdotes, Chasing Paper is a must-read.

Class Actions 101: Can I Appeal this Class Certification Order?

By Jocelyn D. Larkin

Federal Rule of Civil Procedure 23(f) provides for the interlocutory appeal of class certification decisions.

Tips for Young Lawyers: Summary Judgment Basics

By Kimberly A. Hoehing

In drafting a motion for summary judgment it is important to know the elements of the cause of action at issue.

The Appellate Practice Associate’s Survival Guide

By V. Dorfman, J. Renzelmann, L.D. Rosenberg, and G.T. Sumner

Associates who follow some basic rules will find themselves in a position to do very well in a firm appellate practice.

Class Actions 101: MDL for Beginners

By Greg Cook and Jocelyn D. Larkin

Like it or not, you are about to enter the alternate universe known as Multi-District Litigation (MDL).

Class Actions 101: How to Get this Class-Action Settlement Approved?

By Jocelyn D. Larkin

Settling a class action can be a complex and daunting task. Here’s a quick primer for new lawyers.

Class Actions 101: Getting Appointed Class Counsel

By Jocelyn D. Larkin

This article addresses the basics of class counsel appointment, as well as the role that defense counsel has in this critical process.

Class Actions 101: Sending Class Notice in Federal Class Actions

By Jocelyn D. Larkin

This FAQ answers common questions about sending class notice in federal cases.

Tips for Young Lawyers—Dealing with Difficult Opposing Counsel

By Jasmine K. Mehta

One of the most frustrating things that litigators deal with on a regular basis is difficult opposing counsel.

Managing Privilege and Avoiding Pitfalls During Pretrial Discovery

By Sven Collins and Corinne Simon

As many young lawyers will attest, however, applying what you learned in evidence class to real-world situations is not always easy.

Ten Steps for Becoming an Appellate Lawyer

By Lawrence D. Rosenberg

So you want to become an appellate lawyer. (Are you crazy? Have you sought professional help?)


Bankruptcy 101: Cash Collateral and DIP Financing

By Kevin M. Lippman and Jonathan L. Howell

With Chapter 11, a debtor will need to use cash subject to a lien of a secured creditor and/or obtain postpetition financing to keep operating.

Bankruptcy 101: Nonresidential Tenant Bankruptcies

By Kevin Lippman and Jonathan L. Howell

The automatic stay is a legal fiction that springs into effect automatically upon the filing of a bankruptcy petition.


Always Do Your Best Work for Your Partners

By Bart Greenwald

Give your best work to your partners. Your partners are your clients. If you are not giving them your best work, you are not succeeding in your job.


New Associates: Build up Your Goodwill Before Taking Personal Time

By Bart Greenwald

So you are a new associate at your law firm. After a summer clerking and working nine to five, you may be wondering what is expected of you. In a word: everything!


The Partners I Want to Work With

By Elizabeth Hyatt

No partner is perfect, and associates quickly learn the types of partners they deal with best.


Keeping Time: The Unbillable Hour

By Elizabeth Hyatt

A wise man once told me that the most important marketing tool a lawyer has is his bill. Yet, associates often have no idea what goes into the process of creating a final bill.


Share Your Enthusiasm for the Practice of Law with Your Associates

By Elizabeth Hyatt

“Nothing is certain but death, taxes and law firm partners complaining that associates don’t bill as many hours as the partners did when they were young.”


Juvenile Law 101

by Thomas Wade Young

Children and youth evoke an array of emotions in adults, but few adults realize the broad range of legal issues that affect the daily lives of children.


Your First Guaranty Case: Twelve Things To Know about Guaranties

By John P. McCahey

There is a lot to know about guaranties, but this primer can be a good starting point.

Ten Tips for Advocates New to Arbitration

By John Arrastia, Jr.

Arbitration has its own body of substantive and procedural law, but it also happens to be subject to the rules promulgated by the sponsoring body.

Five Common Provisions in Construction Contracts

By Lindsay R. Barton

Construction contracts often contain payment and damages provisions specific to the construction industry.

Daubert and Summary Judgment: A Two Step Analysis

By Thomas L. Cubbage III and David S. Coale

A "no evidence" summary judgment motion involving a challenge to expert testimony requires a two-step analysis.

Practical Pointers for Managing Defensive E-Discovery Projects

By Irene S. Fiorentinos

Here are some suggestions for junior attorneys managing defensive electronic discovery.


How Associates Can Enhance Client Service

By Ghillaine A. Reid and Zeenat Basrai

It is more important than ever for junior attorneys to adopt a service and value-oriented approach to the work that they do for clients.


Young Lawyer's FAQ: Technical Degrees and the Patent Bar


Top Ten Tips: Trade Secrets

By Abbe F. Fletman, Kenneth R. O'Rourke and Linda K. Stevens

Ten intellectual property litigation trade secrets.


Litigation 101: Preparation and Defense of Your Deposition Witness

By Amy E. Davis

The four Ps for witness preparation will ensure you and your witness will make the best impression at deposition.


Finding a Niche: One Key to Solo Success and Happiness

By Roland W. Baggott, III

I am a sole practitioner. My firm is located in Nashville, Tennessee and my practice focuses on franchising.


Ten Tips for Success in Cross Border E-Discovery

By Trevor Jefferies and Alvin Lindsay

Pitfalls for the unwary multiply for the corporate party client required in U.S. litigation to produce data maintained in another country.


A Basic Checklist for Digital Evidence in Federal Courts

By Derek Mogck

Trial lawyers must choose the right medium for our evidence (for example, deciding whether a document camera or computer animation best illustrates a product’s components).


Working with a Paralegal: A Primer for Junior Associates

By Malia Wheaton

A paralegal can provide an invaluable service to junior associates during the discovery process.