November 2003

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Individual Articles:

• » Word Processing Documents Reveal Drafters’ Secrets
  Savvy litigators take steps to protect codes hidden in electronic files
• » E-Discovery Rules Continue to Evolve
  Attorneys are taking lead in developing procedures where courts have yet to rule
• » Lost Punitive Damages Not Recoverable in Malpractice Cases
  Public policy considerations weigh against making attorneys liable for lost punitive damages
• » "Spin Control" Efforts May Be Immune from Disclosure
  Privilege may apply to public relations firms hired by counsel
• » Court Adopts New “Settlement Privilege”
  All communications in furtherance of settlement are shielded from discovery by third parties
• » YOUNG LAWYERS: Rethinking Deposition Defense Strategy
  Author challenges traditional wisdom of instructing clients not to elaborate
• » YOUNG LAWYERS: How Do You Deal With Slow Judges?
  The reasons for delays in rulings are varied. The solutions are few and depend on the judge
• » New Guide Published on Admissibility and Use of Expert Evidence
• » Blogs Invade the Legal Profession, But Lawyers Debate Their Impact
  Lawyers note the increasing popularity of law blogs or "blawgs"
• » Supreme Court Rejects Direct Evidence Requirement in Mixed-Motives Cases
  Court permits circumstantial proof of intent to obtain a mixed-motives instruction
• » ETHICS: Giving Win/Loss Statistics Ethically Prohibited
  Ohio ethics board considers win/loss statistics and money-back guarantees to be misleading
• » ETHICS: Creditor of Law Firm’s Client States Claim Against Lawyers for Creditor Fraud
  Did lawyers merely represent client or participate in creditor fraud?
• » ETHICS: Serving as Local Counsel Has Many Pitfalls
  Experts advise local counsel to define relationships with national counsel and the client