November 2013 - Business Development

Things You Should Know

Section Annual Conference - We are thrilled to invite you to attend ABA Section of Litigation Annual Conference, which will be held during April 9–11, 2014 at The Phoenician, in Scottsdale, AZ. The conference will offer 40 CLE sessions, including 3 plenaries, and feature 150 of the nation’s most respected judges, academics, and trial lawyers as they address litigation development and techniques in trial advocacy. In addition to the education portion, the Section Annual Conference provides for an opportunity of meeting and networking with our distinguished guests and fellow participants. Register Now
We look forward to seeing you at this remarkable conference in one of the finest resorts in the United States. This Section Annual Conference promises to be a spectacular event!


Call for Nominations—2014 Diversity Leadership Award

You are invited to submit nominations for the 2014 Diversity Leadership Award. This prestigious award will be presented during the Section Annual Conference in April 2013 in Scottsdale, Arizona. The deadline to submit nominations has been extended to November 29, 2013. Visit the Section website for more information: Diversity Leadership Award    


2014 John Minor Wisdom Public Service and Professionalism Award

The Section of Litigation is now accepting nominations for the John Minor Wisdom Public Service and Professionalism Award. This award was established by the ABA Section of Litigation in 1990. It is named for The Honorable John Minor Wisdom, a scholar and jurist of the highest integrity whose tenure on the United States Court of Appeals for the Fifth Circuit is best known for its recognition of constitutional rights of all citizens. The deadline for receipt of the nomination forms and accompanying documentation has been extended to November 29, 2013. Submit your nomination


Public Service: Access to Justice
In 2006, The American Bar Association resolved to urge "federal, state and territorial governments to provide legal counsel as a matter of right at public expense to low income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, and health or child custody, as determined by each jurisdiction." The ABA thereby firmly placed the issue of access to counsel in civil cases on both the bar's and nation's agendas.

Since this time the Section of Litigation has sought to advance access to justice. In 2008 we took the next step by creating a fellowship, for a legal services lawyer to work with the Coalition for the Civil Right to Counsel at the Public Justice Center (“PJC”) in Baltimore, Maryland to coordinate right to justice initiatives nationally.

The Section’s focus on Access to Justice includes: Pro Bono & Public Interest, Legal Services Advocacy Training, and Legal Services Delivery. Learn more about what Access to Justice has to offer!

Theme of the Month: Business Development


The Section has many resources to assist litigators. The theme of this month's email is Business Development. Here’s a sampling of materials on Business Development.


Key Subjects Learning


Did you know that the Section of Litigation has Resources & Key Subjects readily available? The Key Subjects Content Pages provide an easy way for members to browse the content offered by the Section based on popular litigation practice topics. Topics currently offered include: Alternative Dispute Resolution, Attorney-Client Privilege, Class Actions, Deposition/Witnesses, Direct and Cross Examination at Trial, E-Discovery, Ethics, Evidence, Juries, Technology for the Litigator, Trial Advocacy





Small Steps That Lead to the Top
By Mark A. Drummond Before I headed off to college, my father sat me down. In addition to some fatherly advice, he gave me a copy of A Message to Garcia by Elbert Hubbard. It was written at the turn of the century, and the language is dated, but its message has withstood the test of time. It tells the story of a person who takes on a mission and runs with it. In my opinion, it contains what partners expect from their associates, judges expect from trial counsel, and clients expect from their lawyers. Read More






The Practice Skills Toolkit
Most practicing attorneys know that the education received in law school is only a small portion of the knowledge that is needed, and needed as quickly as possible. Continuing education, new lawyer programs, and firm-sponsored training and mentoring all seek to provide new attorneys with the tools they need to succeed. Practice Skills Toolkit ADR is a compilation of articles, chosen by younger practicing lawyers, which struck them as helpful guides in the practice of law. Read More

A Streetwise Guide to Litigation
By Kenneth P. Nolan The law is a wonderful profession. It is also demanding and stressful and requires a multitude of talents—speaking, writing, researching, analyzing, advocating, and dealing with people. This engaging collection of articles, from author Kenneth Nolan, captures the insights and knowledge of an experienced litigator. Read More




Sound Advice


Leaving a Large Firm? Avoid Burning Bridges by Paul Lehner, Solo & Small Firm Committee


If you are contemplating venturing out on your own, listen to Paul Lehner as he shares the strategy behind his successful transition from working at a large firm to launching his own business. Listen




Trial Advocacy Video Tips


Relationships that Endure - Marguerite C. Gualtieri, Support Center for Child Advocates, Philadelphia PA
Litigators should keep in mind that opposing litigants often have relationships that endure long after the litigation ends and the lawyer walks away from the case. This is especially important and critical when representing a child.

Retaining Business - David C. Weiner, Hahn Loeser & Parks, Cleveland OH
It is all about retention of business. How do you deal with your clients? David Weiner tells you the most important thing in dealing with clients is to avoid surprises.






Rainmaking Tips for Women: A Primer
By Michelle Foster
Women constituted a mere 16 percent of equity partners in U.S. law firms in 2009—unchanged from 2008 and barely up from 2006—according to the National Association of Women Lawyers’ latest Survey on the Status of Women in Law Firms. Almost half of firms have no women among their top 10 rainmakers; another third have only one woman among their top 10. The imbalance is having an increasingly negative effect on women. Rainmakers tend to be better compensated and are more likely to hold positions of power. It also makes them more marketable should they choose to switch firms. Read More

How to Make Young Lawyers Indispensable through Technology

By Ben Coulter
In a recent hearing in federal court, one of the partners with whom I work got the opportunity to use a tablet to make an incredible impact on our client’s case. The partner was cross-examining a witness, and the witness was testifying that his company had never taken a position that the partner knew that the company had taken publicly. The partner pulled out his tablet, accessed the witness’s company’s website where it had made the statements, and using the court’s digital overhead projector, showed the court on the spot that the witness was lying. Read More

How Can I Instill Confidence in Partners that I Am Ready for Client Contact?

By Anna Torres
My goal, ultimately, is to make sure that a young lawyer becomes polished enough not only to have contact with my clients but, more important, to develop his or her own client relationships. It’s a tricky scenario, however. Your demeanor, personality, and knowledge of the specific matter and substantive law are all being judged by the client in each and every conversation. Read More




Upcoming Events


NEW CLE Program
New Rule 45 of the Federal Rules of Civil Procedure
Monday, November 25, 2013
1:00 p.m.–2:00 p.m. Eastern | 1.0 CLE credits requested
Panelists, including the Chair of the Civil Rules Advisory Committee, will discuss the changes to Rule 45 of the Federal Rules of Civil Procedure, going into effect December 1, 2013:

  • What has been amended
  • Why changes were made
  • How they will affect your practice

Two easy ways to learn more and register: Visit us online or call the ABA at 800-285-2221.


Environmental, Mass Torts & Products Liability Litigation Committees’ Joint CLE Seminar
January 30–February 1, 2014
Park Hyatt Beaver Creek Resort & Spa
Beaver Creek, CO


Corporate Counsel CLE Seminar
February 13–16, 2014
The Westin Mission Hills Golf Resort & Spa
Rancho Mirage, CA


Insurance Coverage Litigation Committee CLE Seminar
March 5–8, 2014
Loews Ventana Canyon
Tucson, AZ


Section Annual Conference
April 9–11, 2014
The Phoenician Resort
Scottsdale, AZ






Presented by the Solo & Small Firms and Pretrial Practice & Discovery Committees
Tuesday, December 10, 2013 at 1:00 p.m. to 2:00 p.m. Eastern
Register now!

Presented by the Woman Advocate Committee and cosponsored by the Mass Torts Committee and the Commission on Women in the Profession
Wednesday, December 11, 2013 at 1:15 p.m. to 2:00 p.m. Eastern
We welcome your questions, which can be emailed in advance or during the presentation to meeting cochair Bronwyn Roberts at
Register now!


View the list of upcoming Roundtable programs and register online.