Spring 2023, Vol. 48, No. 3

Features

Deposition

Court Rules Witnesses Can “Flop” on Fifth

By Sara E. Costello

Fifth Amendment is “proceeding specific” and could still be asserted at trial, despite testifying at a discovery deposition

Trial Practice

Uncertainty Looms over Legality of DACA Immigration Policy

By Onika K. Williams

The program suffers from legal challenges and a convoluted procedural history, being found to be procedurally and substantively in violation of the APA

Columns

Trial Practice

Where Do You Go to Sue a DAO?

By John M. McNichols

A decentralized autonomous organization is a new type of blockchain-based business with no organizational charter beyond its operational software

Artificial Intelligence & Robotics

Chatbots and the Business of Law

By Daniel S. Wittenberg

Artificial intelligence will become a permanent fixture of legal practice, by improving efficiency, enhancing research capabilities, increasing access to legal services, reducing costs, and improving client engagement

Discovery

Sometimes Less Is More: Proportional, Practical Litigation

By Hon. Carl A. Aveni

Discovery is no longer encouraged to include any nonprivileged matter but to be proportional to the needs of the case

Trial Practice

The ABA Makes It Easy: A Pro Bono Plea

By Hon. Mark A. Drummond (Ret.)

Long distance is the next best thing to being there—from virtually anywhere, you can help someone in need

Litigation & Trials

12,817 Reasons to Embrace the Lightness of Letting Go

By Joseph P. Beckman

When it seems life is conspiring to bring you down, that is the most important time to be kinder to yourself through self-compassion

New Attorneys

A Helpful Primer for the Young Litigator

By Grant H. Hackley

A trial lawyer’s take on openings, closings, and everything in between. This book is an invaluable guide for trial lawyers needing to focus, prioritize, and prepare for that morning when they alone will say, "Ready, Your Honor."

Departments

Trial Practice

Rule of Evidence 702 Is Changing Faster Than You Think

By Daniel P. Elms

The coming amendment is already affecting expert witness admissibility due to a fair number of cases admitting testimony without satisfying the requirements of the Rule

Litigation & Trials

Failure to Include Affirmative Defense Guts Damages Award

By Susan F. Dent

Appellate court reverses judgment due to party’s failure to plead or obtain jury finding on affirmative defense of materiality in breach of contract trial

Client Protection

ABA Approves Lawyers’ Passive Investment in Nonlawyer Owned Firms

By Leslie R. Snider

New formal opinion states Model Rule 5.4 does not prohibit lawyers from passively investing in law firms with nonlawyer owners, so long as their roles in such firms are strictly limited

Client Protection

Lawyer Disbarred for Failure to Refund “Nonrefundable” Fees

By Mark A. Flores

Consider the risks when holding advance payment from a client in an operating account before earning the fees

Lawyer Wellness

Lawyer Suspended Over Personal Facebook Posts

By Derek Wallen

A state supreme court suspends an attorney and orders mental health treatment and diversity education for offensive social media statements disparaging women and George Floyd

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Spring 2023, Vol. 48, No. 3

Breaking “Fragile Vessels” Out of School Dress Codes

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Features

Court Rules Witnesses Can “Flop” on Fifth

Uncertainty Looms over Legality of DACA Immigration Policy

Columns

Where Do You Go to Sue a DAO?

Chatbots and the Business of Law

Sometimes Less Is More: Proportional, Practical Litigation

The ABA Makes It Easy: A Pro Bono Plea

12,817 Reasons to Embrace the Lightness of Letting Go

A Helpful Primer for the Young Litigator

Departments

Rule of Evidence 702 Is Changing Faster Than You Think

Failure to Include Affirmative Defense Guts Damages Award

ABA Approves Lawyers’ Passive Investment in Nonlawyer Owned Firms

Lawyer Disbarred for Failure to Refund “Nonrefundable” Fees

Lawyer Suspended Over Personal Facebook Posts

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