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Note from the Chair

This is a month in which we consider our blessings and give thanks as we gather with families and friends. My thanks to each of you - our members - who make every thing we do possible. I also recognize and thank our leaders and staff who give their time and effort to serve. The section is truly blessed. 

As you rest and relax this Thanksgiving, please remember our members, friends and fellow citizens who are still struggling with the effects of Hurricane Sandy.  They need our support and our prayers.

Things You Should Know

Early Bird registration for SAC is open.  The 2013 Section Annual Conference (SAC) will be held in Chicago from April 24 to April 26, 2013 at the JW Marriott.  Early bird prices are $500 for returning members and $350 for first time attendees.  Register now at

Cyber Monday Book Sale November 26.  Update your library with new ABA books at great prices! On Monday, November 26, all ABA books and CLE will be 40% off with FREE ground shipping! It’s a great time to buy new Litigation titles like The Attorney-Client Privilege and the Work-Product Doctrine (Fifth Edition) and Supplement 3-Volume Set by Edna Selan Epstein and A Century of Legal Ethics By Lawrence J. Fox, Susan R. Martyn, and Andrew S. Pollis. You must take advantage of this offer on November 26 to get this deal. The discount code will be available on the ABA Web Store on Cyber Monday.

Free CLE for Inside Counsel.  The Corporate Counsel Committee’s next CLE Seminar will be at the Westin Diplomat Resort in Hollywood, Florida, on Friday, February, 15, 2013. For the first time ever, we are pleased to be able to offer FREE REGISTRATION FOR IN-HOUSE COUNSEL! This seminar has long been known for its uniquely relaxed and collaborative environment, in which in-house and outside counsel can speak candidly about a broad array of issues of concern to litigators representing corporations in a volatile economic, legal, regulatory, and technological world.

CALL FOR NOMINATIONS.  John Minor Wisdom Public Service and Professionalism Award and Diversity Award. You are invited to submit nominations for these prestigious awards, which will be presented during the Section Annual Conference in April 2013 in Chicago. Deadline: December 4, 2012. Visit the Section website for more information:  John Minor Wisdom Public Service and Professionalism AwardDiversity Leadership Award

Focus on Ethics

Our focus this month is EthicsThe Section has many resources to assist litigators practicing in this area. Here’s a sampling:

Selected Resources:



Sound Advice:

  • audioETHICS: Lawyers as a Witness Mike Downey outlines that various roles that lawyers can and cannot play according to rule 3.7.
  • audioETHICS: Waiver of Privilege Ethics professor Mike Downey outlines how to fully protect your clients and avoid waiver.
  • audioETHICS: Who's in Charge? Larry Fox clarifies the roles of clients and their lawyers By highlighting Rule 1.2 of the Rules of Professional Conduct.


To review Section focus topics from prior months, please click here.

Upcoming Events



Winning by Spinning? The Ethics of Litigating Civil Cases in the Media
November 27, 2012

Joint Committees CLE Seminar
January 31-February 2, 2013
Sheraton Steamboat
Steamboat, CO

ABA Midyear Meeting
February 6-12, 2013
The Hilton Anatole Hotel
Dallas, TX



Corporate Counsel CLE Seminar
February 14-17, 2013
Westin Diplomat Resort and Spa
Hollywood, FL

Insurance Coverage CLE Seminar
February 28-March 2, 2013
Loews Resort
Tucson, AZ

Section Annual Conference
April 24-26, 2013
JW Marriott Chicago
Chicago, IL

Trial Advocacy Video Tip

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As a new benefit of membership, each week the Section will post one short video tip from judges and experienced litigators.

Elizabeth McGeever - Preparing a Witness for Deposition
Never underestimate the impact that the media can have on a witness.

Marguerite Gualtieri - Maintaining the Relationships
It is important to remember that relationships often endure long after the litigation ends, especially when representing a child. This should be considered when exploring the various solutions for a case.

David Weiner - Retaining Business and Dealing with Clients
Simple steps to follow so your client is never surprised. 

Lorelie S. Masters - Cooperating With Other Counsel
When dealing with opposing counsel, remember that courtesy always rules.

To view more Trial Advocacy Tips, visit the Section of Litigation YouTube Channel.




(Expert discussion on hot topics)

Committee Roundtables are a free member benefit that allows Section members to call in from anywhere to hear live audio programs on a host of topics.  Register here to listen to any roundtable.

Upcoming Roundtables:

NJDEP v. Dimant: Causation Requirements for SPILL Act Liability. Presented by the EnvironmentalLitigation and Expert Witnesses Committee, Wednesday, November 28, 2012 at 12:00 pm Eastern.   Register here.

Induced Infringement and Divided Infringement after Akamai.  Presented by the Intellectual Property Committee- Patent Litigation Subcommittee, Thursday, November 29, 2012 at 3:00 pm Eastern.  Register here.

Applying Disparate Impact in Civil Rights Complaints to Derail the School-To-Prison Pipeline. Presented by the Children’s Rights Litigation Committee.  If you represent children, check out the recording of the Children’s Rights Litigation Committee’s roundtable discussion.  Panelists discussed the history of how disparate impact, a theory that focuses on disparate outcomes to demonstrate discrimination, has been eviscerated in our courts and administrative agencies, how agencies currently respond to claims of disparate impact, and how to use data to effectively file complaints demonstrating disparate outcomes.  The recording is on the CRLC website.

False Advertising Consumer Class Actions: Latest Developments.  Presented by the Consumer Litigation Committee, Wednesday, December 5, 2012 at 1:30 pm Eastern. Register here.

Civility and Objections at Depositions. Presented by the Motion Practice & Discovery Subcommittee of the Pretrial Practice & Discovery Committee, Friday, December 14, 2012 at 3:00 pm Eastern.Register here.

Professionalism and Mentoring: Some Basics.  Presented by the Ethics and Professionalism Committee, Wednesday, December 17, 2012 at 12:00 pm Eastern.Register here.

Check in here regularly to view the list of upcoming Roundtable programs and register online.




Recently published Committee Newsletters include:

Commercial & Business Litigation

Health Law Litigation

Children's Rights Litigation

Class Actions

Corporate Counsel

Energy Litigation

Employment & Labor Relations Law

Appellate Practice

Securities Litigation

First Amendment & Media Litigation

Insurance Coverage

Young Advocates



Sound Advice Audio

sound advice

Every month, the Section posts three podcast channels devoted to essential subjects for every litigator. On the first Monday of the month, we will post a podcast on ethics; the second Monday will be evidence; the third Monday will be 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 here.

ETHICS: Lawyers as a Witness
By Mike Downey, Armstrong Teasdale LLP, St. Louis, MO
What happens when a witness in a case is also a lawyer? Mike Downey outlines the various roles that lawyers can and cannot play according to Rule 3.7. (5:15 min)

PROCEDURE/E-DISCOVERY: Rule 45 of the Rules of Civil Procedure
By John Barkett, Shook, Hardy & Bacon, Miami, FL
In June 2012, amendments were proposed to Rule 45 of the Federal Rules of Civil Procedure. Listen as John Barkett outlines the four major changes that will go into effect in December 2012. (8:37 min)

EVIDENCE: Remember the Basics of Hearsay
By Professor Fredric Lederer, William & Mary Law School, Williamsburg, VA
Listen as Professor Fredric Lederer explains the difference between having—and not having—a hearsay problem. (08:05 min)


COMMITTEE: 10 Ways to Stay Safe on Twitter
Jarred Correia
Law Office Management Assistance Program, MA
Technology for the Litigator

Attorney and author Jarred Correia outlines ways to protect yourself and your practice from the pitfalls of Twitter. (11:43 min)

COMMITTEE: Section 1292 (a-1)—Order or Injunction?
Sonia O'Donnell
Jorden Burt LLP, Miami
Appellate Practice
Appellate specialist Sonia O’Donnell explains the difference between an order and an injunction under section 1292(a-1). (08:51 min)

COMMITTEE: Jury Selection—Have Some Faith
Lucia Coyoca
Mitchell Silberberg & Knupp LLP, Los Angeles
The Woman Advocate
Lucia Coyoca describes her experiences with juries in complex business litigation cases. (10:23 min)

Check the Sound Advice Library and the Committee pages regularly for new postings.

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