Trial Skills Archive

Tips from the Trenches »

Winning the Internet with Social Media

By Jason Beahm

A law firm is a brand, and social media can keep it first in your clients' minds.

Finding Bad Jurors

By Kelley Barnett

Skillful, confident jury selection can mean the difference between winning and losing.

The Admissibility of Social Media Evidence

By Josh Gilliland

Behind the mad dash to introduce social media evidence lies potentially complex issues of authentication and hearsay.

E-Discovery's "Prime Principle" for the Rule 26(f) Conference

By William Hamilton

The failure to grasp the essential operating principles of computers leads to conscious and unconscious violations of the e-discovery prime principle.

Be Careful What You Reveal: Model Rule of Professional Conduct 1.6

By Edward W. Feldman

Two lawyers from different firms walk into a bar—and run afoul of Model Rule of Professional Conduct 1.6.

The iPad for Litigators: Storming the Courtrooms

By Sharon D. Nelson and John W. Simek

Litigators are eagerly embracing the iPad. Here are the tablet's pluses and minuses, along with a review of some of the better apps.

Eight Google Skills All Litigators Should Master

By Don MacLeod

Some tools that can quickly improve the quality of Google searches are hiding in plain sight.

Mentoring—What Is Our Message?

By Joseph A. Greenaway Jr.

When attorney-client communications occur by email from home or work, the attorney-client privilege can easily be lost.

The Challenge of E-Communications: Privilege and Privacy

By John M. Barkett

When attorney-client communications occur by email from home or work, the attorney-client privilege can easily be lost.

Cutting Litigation Costs Without Compromise

By Olivier A. Taillieu and Mark Wolf

Your efforts to keep litigation costs low will be rewarded with repeat business and enthusiastic referrals.

The Potential Collateral Estoppel Effect of Foreign Judgments

By Peter P. Tomczak

Practitioners litigating in U.S. and foreign jurisdictions should understand the complex collateral estoppel principles of the rendering foreign state.

Cramming Cases into Existing Tests

By Alan L. Farkas

What should a lawyer do when a test has become obsolete and stands in the way of a client?

Preparing a Witness to Testify in the Grand Jury

By Stephen D. Brown and Christine C. Levin

It is a lawyer's responsibility to protect a grand jury witness from the very real threat of a perjury charge.

Key Steps to Successful Foreign Depositions

By Craig Allely

Minimize problems in taking depositions in international litigation by following these steps.

Are Settlements Sacrosanct?

By Jed S. Rakoff

When should a judge turn down a settlement that is presented for the judge's approval? Some would say never, but the answer is neither yes nor no, but rather, "it depends."

Reining in E-Discovery

By Geraldine Soat Brown

Electronic discovery is more important than ever, but receiving a request for ESI does not necessarily condemn a client to an expensive hunt through long-abandoned formats.

Exonerating Your Client Before Indictment

By James F. Hibey and Arthur T. “Ted” Farrell

Your job is to get out in front of the events and convince the prosecutor not to bring a charge.

Making the Best of a Bad Situation: Grand Jury Representations

By Charles B. Sklarsky

Mishandling the response to a grand jury subpoena can be disastrous for the client.

Evidentiary Surprises and Ethical Dilemmas

By Sara L. Shudofsky

Fulfill your duties to your client and meet your obligations as an officer of the court.

A Comment on "Streetwise Litigation"—Unwise Advice for Trial Lawyers

By James C. Hill

The true basis for a verdict is the hearts and minds of the jury.

No, They Really Don't Like Us

By Kenneth P. Nolan

Tips on how lawyers can change negative behavior patterns and transform their reputations in the public eye.

Surviving Yourself

By Andrew Love

Tips on how to be a better lawyer and how to survive the practice of law by first surviving yourself.

Rule 16, the Litigator's Forgotten Ally

By Joel B. Rosen and R. Monica Hennessy

If used properly, the court's discretion under Rule 16 can further your goals in the case.

The Evidence Rules Every New Trial Lawyer Should Know

By Hon. Joseph A. Greenaway Jr.

An analysis providing you with the ability to use the rules to your advantage.

Preparing for Battle: Managing the Mega-Case Litigation Team

By Steven D. McCormick

The supersized litigation team presents immense management challenges.

A Judge's Guide to Protecting Your Reputation

By James G. Carr

Create a good reputation by blending talent, intelligence, competence, and integrity.

Building Your Case for the Jury

By Kevin P. Durkin and Colin H. Dunn

It is important to believe that you play a role in how a jury trial comes out; using these tools and techniques can help.

Reversing the Magistrate Judge

By Jeffrey Cole

What do you do when you are on the losing side of a decision made by a magistrate judge?

Persuading Courts to Impose Sanctions

By Douglas J. Pepe

Federal sanctions law is a tangled web; each rule covers a limited sphere of conduct and has unique requirements.

Ethical Considerations for Promoting Your Practice Online

By Richard M. Goehler, Christopher G. Johnson, Kyle Melloan, and Ali Razzaghi

Promotion is difficult when ethical codes of conduct haven't kept up with the evolution of online technology.

Overcoming Judicial Bias

By Stan Perry

Remain a professional, act with dignity, learn from your losses, and eventually you will overcome judicial bias.

How to Be a Great Law Clerk

By David J. Richman

Make a substantial contribution to a judge's success by delivering an accurate, well-balanced, complete, and timely product.

Starting a Litigation Boutique

By Elizabeth A. Starrs

Client-centered nature of the boutique environment has many advantages over large firms.

Tax Tenets for Trial Lawyers

By Robert W. Wood

Rules every litigator should observe regarding tax issues.

The Standard of “Reasonable Certainty” Proves Lost Profits

By D. Mitchell McFarland

Economic and financial data and expert opinion have made it easier to meet the requirement of certainty.

Finding the Greener Grass—The Ins and Outs of Going In-House

By Bettina Elias Siegel

Think carefully about your own needs, likes, and dislikes before deciding to move in-house.

How to Get Clients to Eat Their Spinach

By Ellen C. Brotman

Learning to give advice that can be heard, understood, and followed is of critical importance.

How College Football Has Made Me a Better Lawyer

By Francisco Ramos Jr.

The same principles that carry teams to a winning season make us better lawyers.

Ten Things Your Expert Neglected to Tell You

By Francisco Ramos Jr.

No attorney wants to hear his expert assert his Fifth Amendment right against self-incrimination.

Ten Practical Tips for Making Your Case Appealable

By Alex Wilson Albright and Susan Vanc

In the heat of a trial, it can be hard to remember that the war may not end with the trial court’s judgment.

Wrestling with the Judge Who Wants You to Settle

By Campbell Killefer

Sorting through juror opinions and beliefs is one of the lawyer's most difficult challenges.

Considerations for Determining When to File a Summary Judgment Motion

By Michele L. Maryott

Despite a lack of sexiness, the summary judgment motion is a critical weapon in the arsenal.

Selecting a Jury of Cynics, Believers, and Others

By Robert A. Clifford

Sorting through juror opinions and beliefs is one of the lawyer's most difficult challenges.

Ten Tips for Making Your Case Appealable

By Alex Wilson Albright and Susan Vance

Common sense and careful preparation are the keys to practicing the art of the blind cross.

Mastering the Blind Cross-Examination

By Mark A. Neubauer

Common sense and careful preparation are the keys to practicing the art of the blind cross.

Dealing with the Difficult Adversary

By Frederick Alimonti

Preparation, understanding of adversaries are keys to avoiding or ending disputes with opposing counsel.

Weathering the Storm

By Theodore M. Grossman

Annals are filled with cases won by lawyers who creatively responded to and surmounted bad developments beyond their initial control.

Narrative, the Essential Trial Strategy

By Stephanie Kane

What happens in between “Once upon a time” and “The end”?

Copyright Claims: Not Just for Artists Anymore

By Edward J. Naughton

Creative approach to copyright offers expanded benefit for clients.

Managing Client Expectations

By Bruce Bikin

With nearly all civil cases ending in settlement, parties must consider how to maximize efforts in judicial settlement conferences.

More Tips from the Trenches »

Alternative Dispute Resolution »

The FAA Dictates the Supremacy of Arbitration Agreements . . . Right?

By Sheila J. Carpenter

The Supreme Court has been quite clear, but the message continues to meet resistance.

Applying E-Discovery in an Arbitrational Setting

By Michael Swarz

Practical use of e-discovery is a challenge once arbitration enters the picture.

Federal Question Jurisdiction Raised Only in Counterclaims

By David B. Collier

High Court settles compulsion of arbitration controversy.

Informed Consent: Divorcing Couples Have Options

By Debra C. Ruel

Clients confronted with divorce or separation should be fully informed of all available options.

Should Your Firm’s Engagement Letter Contain an Arbitration Clause?

By Mitchell L. Marinello

Arbitration is favorable where both parties hope to preserve privacy, time, and resources.

Who Decides Whether an Arbitration Agreement Is Unconscionable?

By Manjit S. Gill

High Court set to resolve who determines the unconscionability arbitration agreements.

Appellate Practice »

Young Lawyers Corner: Getting Appellate Experience

By Seth T. Floyd

A new associate need not wait to work on appeals.

Confirming Federal Judges: Perspectives, Rancor, and Potential Reform

By Stephen D. Feldman

The judiciary has 42 spots that have no prospect of being filled in the short term.

The Hutz Brief: How to Respond to Bad Briefs

By Jeff Berger

Win over the judge with restraint, not ridicule.

Why the Appellate Mandate Matters

By Jennifer L. Swize

It is more than merely a ministerial chore.

Effective Appellate Brief Writing

By Hon. Richard A. Posner

Brief writers must be aware of the limits of understanding, concerns of appellate judges.

Oral Argument for Young Lawyers

By Dennis Owens

A good appellate attorney needs a set of skils different from those required for trial lawyers.

New Federal Rules Will Govern Indicative Rulings

By Josh Jacobson

District courts will be unable to deny a Rule 60(b) motion while an appeal is pending.

Amendments to the Federal Rules of Appellate Procedure

By Steven Finell

Fourth amemdment dealing with amicus curiae briefs may generate controversy.

Class Actions & Derivative Suits »

The Numbers Game: Dukes and Concepcion

By Robert J. Herrington

Are class action filings down?

Confusion in Court over "All Natural" Claims

By Dawn Goulet

Costly litigation will continue until the FDA finally defines the term.

Seven Steps to a Successful Class Action Settlement

By John B. Isbister, Todd B. Hilsee, and Carla A. Peak

Parties must observe certain procedures to bind absent class members.

Closer Scrutiny for Fee Awards in Claims Made Settlement

By Ashley Vinson and Teresa Wang

Courts use authority under Rule 23(h) to scrutinize fee agreements.

Courts Must Resolve “Dueling” Expert Testimony

By Margaret Lyle and Andrew Wirmani

More appellate courts are requiring trial courts to scrutinize expert testimony as part of class certification.

Keeping Your State Court Class Action in State Court

By Roger K. Smith

Location, location, location. Old real-estate adage applies equally to state class actions cases.

Pick Me, Pick Me: Getting Appointed as Class Counsel

By Jocelyn D. Larkin

District courts have a variety of factors to weigh when appointing class counsel.

Class Actions 101: What Are These Lawsuits All About, Anyway?

By Julie Cantor

While many new attorneys know the keys to class actions, it never hurts to have a refresher.

Expert Witnesses »

Games Experts Play

By David V. Dilenschneider

That impressive list of authored works may warrant a closer look.

Pretrial practice & discovery »

Discoverability of Deposition Breaks

By Raymond P. Ausrotas

Two leading cases are instructive on the subject of deposition recess.

Ethics of Using Social Media During Case Investigation and Discovery

By Seth I. Muse

A simple tweet or "poke" could turn the tide against you.

How to Write an Effective Reply Brief

By Damon Thayer

Master these 10 simple steps to increase your chances of prevailing in any case.

Revised Deadlines in the Federal Rules of Civil Procedure

By Theresa A. Phelps

Primary changes relate to the manner in which deadlines are calculated under the rules.

Model Rule 1.10: Imputation of Conflicts and Private Law Firm Screening

By Cassandra Melton

The rules have changed for lawyers who change firms.

Ashcroft v. Iqbal: New Pleading Standards and Motions to Dismiss

By Edward D. Johnson

High Court revisits unresolved issues raised by Twombly.

Strategic Motions to Dismiss (or Lack Thereof)

By Mark Thomas Smith

Each case requires careful planning and strategizing before a move to dismiss.

Fundamentals of Discovery Motion Practice

By Samuel A. Thumma

Court cure for discovery disputes includes research, preparation, and dose of common sense.