Fall 2011 - Vol. 38:1
Features
What Difference Can a Quality Lawyer Make for a Child?Children in dependency and delinquency proceedings need counsel. They don’t always have one, and the results can be disastrous.
Where Did the Zeal Go?
Lawyers used to be obligated to represent clients with zeal. Now they are not. Should the requirement be brought back?
Cutting Litigation Costs Without Compromise
Litigation budgets are shrinking. That means lawyers need to find ways to serve clients incurring unnecessary costs. Here are some ways to do it.
Cramming Cases into Existing Tests
A young lawyer shares her tips on how to escape the paper chase and get into the courtroom.
Better Litigating Through Pretrial Agreements
For those tired of the discovery game, pretrial agreements offer a way to resolve disputes before they even arise.
Toward a New Understanding of Loyalty
Many lament the end of partner and client loyalty, yet such loyalty may have never been any greater than it is now.
Columns
Opening Statement: The Kids Aren't All Right
Many recognize the problem of bullying among youth, but there are better solutions than feeding bullies into the school-to-prison pipeline.
Global Litigator: Potential Collateral Estoppel Effect of Foreign Judgments
Navigating the complex, confusing rules applicable to foreign depositions and transborder discovery can be confusing, but litigators can minimize problems by following the steps described in this article.
From the Bench: Lessons Learned as a New Chief Judge
The chief judge is looked to as the leader of the court, which means that colleagues and staff bring problems, both individual and systemic.
iWitness: The Challenge of Electronic Communications: Privilege, Privacy, and Other Myths
Lawyers beware. When attorney-client communications occur by email from home or work, the attorney-client privilege can easily be lost.
On the Papers: The Importance of Stress: Indicating the Most Important Words in a Sentence
Much of what you have been taught about writing is wrong. A professor of rhetoric shares his insights.
Advance Sheet: Class Action Answers—and Questions
The Supreme Court's decision in Wal-Mart Stores, Inc., v. Dukes disappointed those on both sides who demanded a moralistic conclusion to what really was a far more mundane legal controversy.
Sidebar: Screwing up
All lawyers, even the best, make mistakes. How to best avoid them? Preparation and attention to detail--there’s no substitute.
Scruples: The Lawyer as Witness
An explanation of Rule 1.7 conflicts.
