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Great news on the Section Annual Conference:
Gideon Anniversary and the Civil Right to Counsel. The 50th anniversary of the Gideon decision is a chance to reflect on the lack of a similar right to counsel in civil cases affecting basic human needs. For years, the Section of Litigation has provided core funding to the National Coalition for a Civil Right to Counsel to coordinate efforts around litigation, legislation, and advocacy. And last year, the Section's Access to Justice Task Force produced a video featuring U.S. District Judge (and former Section chair) Barbara Lynn as well as Coalition coordinator (and former Section fellow) John Pollock, explaining the history of the civil right to counsel movement and current efforts. To learn more about efforts made and events occurring throughout this anniversary year that will connect Gideon to the right to counsel in civil cases, visit www.gideonanniversary.org.
Congratulations to two former Section chairs—Lorna Schofield on her investiture as a U.S. District Judge in the Southern District of New York and Larry Fox on his selection by the Philadelphia Legal Intelligencer to receive one of the publication’s first Lifetime Achievement Awards; and a special congratulations to Mary Smith, one of this year’s Section Managing Directors, on her election as president of the National Native American Bar Association.
Section’s Implicit Bias Task Force work continues. The Board of Governors funded an ABA Enterprise Grant for a project on Achieving an Impartial Jury (AIJ) by lessening the effect of bias on jury selection and deliberation. The advisory group will be working to develop a toolkit of practical debiasing materials. If you want more information or have any questions, please click email the Project Director, Sarina Cox,
firstname.lastname@example.org, or the Project’s Lead Consultant, Professor Sarah Redfield,
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Our focus this month is on E-Discovery. The Section has many resources to assist litigators practicing in this area. Comprehensive materials on this topic have been collected in one of the Section’s Key Subjects pages, located here. Here’s a sampling.
- Managing E-Discovery and ESI: From Pre-Litigation through Trial
The legal landscape, and litigation, have changed markedly in the last decade. Venerable concepts, like the duty to preserve relevant information have had to adapt to email, the Internet, and more.
- Litigation E-Discovery Package
E-discovery has shaken up litigation across America. Judges are dealing with e-discovery issues unheard of ten years ago.
- The Ethics of E-Discovery
John M. Barkett. Lawyers are working their way through a new and ever-changing field that is creating significant ethical and malpractice concerns.
- E-Discovery: Twenty Questions and Answers
John M. Barkett. Civil law practitioners, who do not yet deal with e-discovery in the same sense as common law lawyers must deal with it, may be wondering what the fuss is about.
- E-Discovery: A Special Publication of the Section of Litigation
Editors: Steven A. Weiss, David Coale. E-Discovery includes articles on e-discovery and litigation holds, rule 26 and 16 conferences, reasonable accessibility, and many other essential topics.
Pre-Trial Practice & Discovery
To review the Section Focus from prior months, please visit the Section Monthly Newsletter.
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Committee Roundtables are a free member benefit that allow you to call in from anywhere to hear live audio programs on a host of topics, such as the ramifications of a recent court case or legislation, developing a new practice area, trial tips, Q&A with a judge, creating personal marketing plans, coping with difficult opposing counsel, and balancing professional and personal life. Check here for the most up-to-date listing.
Representing Clients with Mental Health Issues—A Primer—EOIR's New Mental Health Rules
Presented by the Immigration Litigation Committee
Thursday, April 18, 2013, at 12:00–1:00 p.m. Eastern
Career Development 101: Practical Advice for Establishing a Network and Finding an Advocate for Your Advancement
Presented by the Products Liability Committee and Cosponsored by the Young Advocates Committee
Tuesday, May 7, 2013, at 3:00–4:00 p.m. Eastern
Yes—Lawyers Can Do Tech!
Presented by the Presented by the Woman Advocate Committee
Tuesday, May 14, 2013, at 12:00–1:00 p.m. Eastern
Minding the Pole—New Attorney Professionalism and Ethics Guidance from the Field!
Presented by the Ethics & Professionalism Committees
Wednesday, May 15, 2013, at 1:30–2:30 p.m. Eastern
View the full list of upcoming Roundtable programs and register online.
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Every month, the Section posts three podcast channels devoted to essential subjects for every litigator. On the first Monday of the month, we post a podcast on ethics; the second Monday on evidence; and the third Monday on e-discovery/procedure. These podcasts are supplemented by substantive and procedural topics prepared by the Section’s committees. Please be sure to visit the library of Sound Advice podcasts.
ETHICS: How Your Professional Liability Policy Works
By Mike Downey, Armstrong Teasdale LLP, St. Louis, MO
If you don’t fully understand the difference between a circumstance and a claim in an LPL policy, listen as Mike Downey advises on the ins and outs of this unique form of insurance. (9:07 min)
PROCEDURE/E-DISCOVERY: Rule 502(b): Attorney–Client Privilege and Work-Product Protection
By John Barkett, Shook, Hardy & Bacon, Miami, FL
John Barkett outlines what should be included in your 502(b) waiver. (7:57 min)
EVIDENCE: The Admissibility of “Day in the Life” Films
By Professor Stephan Landsman, DePaul University College of Law, Chicago, IL
“Day in the life” films can be a powerful tool in personal injury cases. Evidence professor Stephen Landsman outlines the best ways to get them admitted into evidence. (7:52 min)
COMMITTEE: Representing a Grandparent Petitioning for Visitation Rights
Newman Law Firm, P.A.
Family Law Committee
Carla-Michelle Adams outlines the criteria that are examined by the courts when determining whether to grant grandparents visitation rights for their underage grandchildren. (7:59 min)
COMMITTEE: Cloud Computing for the Solo and Small Firm Practitioner
Wasserman & Thomas, P.A.
Solo and Small Firm Committee
Listen as small-firm partner Damian Thomas shares the pros and cons—and other lessons—from his firm’s recent transition to cloud computing. (14:57 min)
Check the Sound Advice Library and the Committee pages regularly for new postings.
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