Summer Fall 2012, Rookies, Research, and Rules

Evaluating and Improving the MDL Process

Hon. John G. Heyburn II, Francis E. McGovern

Findings from the panel charged with refining the process for administering complex federal multidistrict cases.

Sua Sponte: A Judge Comments

Hon. James F. Holderman

A judge with experience in multidistrict litigation provides perspective on the MDL system.

Litigation & Trials

Be Careful What You Reveal: Model Rule of Professional Conduct 1.6

Edward W. Feldman

Two lawyers from different firms walk into a bar--and run afoul of Model Rule of Professional Conduct 1.6.

Litigation & Trials

The Lure of the Internet and the Limits on Judicial Fact Research

Elizabeth G. Thornburg

For judges, the act of looking up information on the Internet can easily turn into independent fact research outside the record.

Who Should Do the Oral Argument?

Robert A. Mittelstaedt, Brian J. Murray

Choosing the right lawyer to argue a case.

Opening Statement: After 9/11 Preserving Liberty Through a Vigilant Judiciary

Ron Marmer

James Madison warned in the starkest terms about the dangers of executive power in times of war; his words have proved prescient.

From the Bench: Fixing Discovery: The Judge's Job

Hon. James G. Carr

Our discovery system can be fixed by judges who adjudicate discovery disputes informally and promptly.

iWitness: The iPad for Litigators: Storming the Courtrooms

Sharon D. Nelson and John W. Simek

Litigators are eagerly embracing the iPad. Here are the tablets pluses and minuses, along with a review of some of the better apps.

On the Papers: Controlling the Reader’s Perception of Your Client’s Story

George D. Gopen

An author is often the worst person in the world to estimate how others will read a sentence.

Global Litigator: The Challenges of Working Overseas as a Lawyer for Uncle Sam

Monika Bickert

Training Pakistani lawyers to strengthen the country's justice system.

Advance Sheet: The Rise and Possible Fall Of Tortious Interference

Robert E. Shapiro

Contracts used to be a solemn and sactionable agreement--what happened?

Sidebar: My First Trial

Kenneth P. Nolan

How do you prevent blunders, from overlooking a crucial case to having your expert barred from testifying?

Scruples: Sinister Secret Settlements

Michael Downey

A tangle of ethical problems can ensnare a party who secretly settles in a multiparty case.

Rulemaking: An Instinct for the Capillary

Gregory P. Joseph

It used to be that every year, when my new West rules pamphlet arrived, I’d take the old one home for reference. I stopped doing that several years ago, though. Not because of the Internet, but because the civil rules started changing so fast that last year’s pamphlet was no longer reliable.

Ethics: Federal Litigation: A “No-Contact” Sport?

Bruce A. Green

Suppose you represent the plaintiff in a federal lawsuit—for example, a labor, employment, or civil rights action—against a corporation, government agency, or other entity. You want to gather evidence by talking informally to some of the defendant’s current and former employees. This is preferable to deposing them, because it will be quicker, less expensive, and probably more revealing. But there is a possible impediment: the rule of professional conduct known as the “no contact” rule, which generally forbids a lawyer from communicating directly with the opposing party.

E-Discovery: E-Discovery’s “Prime Principle” for the Rule 26(f) Conference

William Hamilton

It may sound like the operational paradigm for a future human civilization, but the “prime principle” should be the prime directive for e-discovery disputes here and now.

Trial Practice: Women Lawyers at Trial and on Appeal

Charles L. Babcock

I have long thought that women and men often (not always) see things differently in the real world. But the following is a stark example of how those differences can come into play in the courtroom.