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
Deposition Deposition as a Hallway: Doors to Open, Doors to Shut By Hon. Mark A. Drummond (Ret.) The hallway memory palace gives a structure to the examination, allowing you to better organize and remember information
Litigation & Trials Dispel Misconceptions and Misinformation about Our Courts By Hon. Carl A. Aveni A public that regularly hears its legal system maligned as wholly arbitrary or entirely bias-driven is less likely to voluntarily participate in that system
Litigation & Trials Lawyers Can Read: Argue With (Some) Notes! By Kyle R. Kroll and Steven E. Vogel Although reading from notes Using an outline for oral advocacy puts clients in the best position for winning their case
Trial Practice Give the Court the Gift of Time By Hon. Mark A. Drummond (Ret.) Most closing arguments exceeded an hour, but the pandemic has highlighted the need to revisit the role of efficiency in effective advocacy
Discovery Understanding the Fiduciary Exception to the Attorney-Client Privilege By Hon. Karen L. Stevenson A lawsuit that alleges violations in the administration of an ERISA benefit plan makes the discovery analysis of the fiduciary exception to the attorney-client privilege more nuanced
Discovery Third-Party Discovery: Getting What You Need By Hon. Karen L. Stevenson In civil cases, essential information is often in the possession of those that are not parties to the lawsuit
Judges Can Read: Argue Without Your Notes! By Hon. Mark A. Drummond (Ret.) Tips for working without a net—in the era of remote trials, the virtual environment has spawned a an increase in rote reading
Trial Practice Write the Judge’s Opinion: Start with the End in Mind By Hon. Mark A. Drummond (Ret.) While starting at the beginning is great advice for reading or singing, it is terrible advice for trying cases
Litigation & Trials Removal Clock Expired? Maybe Not By Hon. Karen L. Stevenson If the 30-day deadline for removal after the initial pleading has long passed, is it too late for the defendant to remove the case to federal court?
Trial Practice Convincing the Skeptical Judge: Think Different By Hon. Mark A. Drummond (Ret.) With overwhelming backlogs in courts throughout the country, it's time to try new approaches to save time and increase efficiency
Discovery Post-Judgment Proceedings: Collecting a Monetary Judgment By Hon. Karen L. Stevenson What to do after you've won the case, and your client is awarded monetary damages: You must use special rules and procedures to collect
Litigation & Trials The Medium Is the Message By Hon. Mark A. Drummond (Ret.) Marshall McLuhan and remote advocacy: Three quick fixes to relay professionalism in a remote work setting
Discovery Is Attorney Work-Product Discoverable? Maybe By Hon. Karen L. Stevenson The contours of the attorney-client privilege are generally well understood, but the work-product analysis can be more nuanced
Litigation & Trials What You Can and Can’t Do by Stipulation By Hon. Karen L. Stevenson A stipulation seems like a good idea to avoid motion practice. But before agreeing to stipulate, make sure you understand the consequences of the proposed agreement.
Trial Practice The Ethics of Advising Clients Awaiting Trial During COVID-19 By Hon. Mark A. Drummond (Ret.) What is your professional responsibility to your client when criminal cases are pushed to the head of the line and your court date has become a moving target?
Deposition Adjusting the Sails: The Pandemic Effect on Remote Depositions By Hon. Mark A. Drummond (Ret.) Because many trials have been put on hold, this is the ideal time for attorneys to do depositions.
Trial Practice Want to Recover Attorney Fees under Rule 37? Be Reasonable! By Hon. Karen L. Stevenson To successfully be awarded fees, you must meet the evidentiary burden with well-supported records.
Ethics Don't Throw Away Your Shot—Motion Practice in the Age of Pandemic By Hon. Karen L. Stevenson The reality of federal practice these days is that oral argument is rare, and trials are few and far between.
Trial Practice Predictions for the Justice System in 2021 By Hon. Mark A. Drummond (Ret.) What will our justice system look like in 2021?
Trial Practice Telephonic Hearings in a Pandemic By Hon. Karen L. Stevenson Tips to master oral argument in this unique setting during and even after COVID-19.
Trial Practice Advocating Through the Computer Screen: Best Practices for Effective Remote Advocacy By Hon. Mark A. Drummond (Ret.) Representing your client during a pandemic—be reasonable, be prepared, be helpful.
Ethics Battling Corruption: Money and Justice By Hon. Mark A. Drummond (Ret.) A reflection on working in a judicial system free of corruption.
Ethics Credibility Matters By Hon. Karen L. Stevenson Establishing credibility begins long before you arrive in the courtroom
Trial Practice The Demise of the Civil Jury Trial, Part II: Judicial Tinkering By Hon. Mark A. Drummond (Ret.) When it comes to establishing an amount for loss of society, how are judges any more qualified than 12 jurors?
Discovery Making the Most of Informal Discovery Conferences By Hon. Karen L. Stevenson Discovery disputes do not always have to result in a motion to compel.
Trial Practice Advocacy Through the Computer Screen: Best Practices for Effective Remote Advocacy By Hon. Mark A. Drummond (Ret.) Representing your client during a pandemic—be reasonable, be prepared, be helpful.
Litigation & Trials Unhappy with a Magistrate Judge’s Ruling? Know the Rules and Act Promptly By Hon. Karen L. Stevenson Procedures for challenging a magistrate judge’s pretrial nondispositive ruling are governed by local rules.
Litigation & Trials The Demise of the Civil Jury Trial By Hon. Mark A. Drummond (Ret.) Should we care?
Litigation & Trials My Last Jury Trial: Verdicts Drive All Decisions By Hon. Mark A. Drummond (Ret.) The message in civil verdicts.
Trial Practice In Federal Court, Never, Ever... By Hon. Karen L. Stevenson Seven mistakes that lawyers should never make in federal court.
Deposition Always Use Local Counsel By Kenneth P. Nolan A guest columnist speaks on the importance of "Celebrating Atticus Finch."
Discovery Inadvertent Production: Can You Claw It Back? Maybe, Maybe Not By Hon. Karen L. Stevenson The problem can often be solved without too much damage to your case
Trial Practice Celebrating Atticus Finch: Hiring Local Counsel By Hon. Mark A. Drummond Fit the cross to the witness; the witness to the cross.
Trial Practice Final Pretrial Conference: Are You Ready? By Hon. Karen L. Stevenson Improve the "quality of the trial through more thorough preparation."
Trial Practice The Key to Winning at Summary Judgment: Know Your Burden By Hon. Karen L. Stevenson Know the legal burdens at play: the burden of proof, the burden of production, and the burden of persuasion.
Trial Practice "Death Penalty Cases in a Traffic Court Setting": Lessons from the Front Lines of Today’s Immigration Courts By Hon. Mark A. Drummond Fit the cross to the witness; the witness to the cross.
Discovery Go to the Scene—Part 1: Go the Extra Mile By Hon. Mark A. Drummond Sitting in your office is not the "next best thing to being there."
Litigation & Trials Judge Cuts Off Your Argument? Make Your Record! By Hon. Karen L. Stevenson Failing to make a record can have dire consequences.
Litigation & Trials Your Written Work: Capturing the Judge’s Attention—Part II By Hon. Mark A. Drummond Choose your voice and your words carefully.
Litigation & Trials Lawyers Behaving Badly: What Not to Do in Federal Court By Hon. Karen L. Stevenson Stories offered as a reminder to those who practice often in federal court, and as an alert to those who may find themselves there less often.
Litigation & Trials Your Written Work: Capturing the Judge’s Attention By Hon. Mark A. Drummond In the age of diminished attention spans, writing motions with captivating beginnings is key.
Discovery Sanctions Not Unlimited for Bad-Faith Failure to Disclose By Hon. Karen L. Stevenson An aggrieved party may also request fees shifting for all or part of other attorney fees incurred as a way of punishing the other party for discovery abuses.
Trial Practice Rule 30(b)(6): Whose Deposition Is It Anyway? By Hon. Karen L. Stevenson Under Rule 30(b)(6), an entity must produce a person with knowledge whose testimony will be binding on the company. What do you do when questions arise about whether the company had designated the proper witness to testify on the company’s behalf?
Discovery Proportionality in Discovery Disputes: A Year of Changes By Hon. Karen L. Stevenson The proportionality factors in Rule 26 give the court a powerful tool to narrow overly broad discovery requests
Discovery A Protective Order Doesn’t Guarantee Sealing By Hon. Karen L. Stevenson Know your judge’s procedures concerning protective orders, and review the case law in your jurisdiction governing orders to seal court records.
New Attorneys WWWAASSUUP: A Mnemonic for Effective Depositions By Hon. Mark A. Drummond A useful and catchy mnemonic to help remember how to prepare for and take an effective deposition.
Litigation & Trials The Jury Weighs In: Top Responses from Jury Surveys By Hon. Mark A. Drummond How to avoid repetition but still be persuasive to a jury.
Litigation & Trials Do-It-Yourself Jury Surveys By Hon. Mark A. Drummond A jury survey allows jurors to give feedback into areas where you can improve.
Litigation & Trials A Good Lead: Capturing Your Audience By Hon. Mark A. Drummond A good lead is important, whether it's an opening statements, a motion hearing where you have a limited amount of time, or a presentation to a client.
Litigation & Trials Making and Responding to Objections By Hon. Mark A. Drummond Tips for thinking on your feet when it comes to making and responding to objections.
