Fall 2016, The Cutting Edge

Features

Litigation & Trials

Sua Sponte: A Judge Comments

Hon. James S. Gwin

A judge who has used time limits suggests that juries benefit from their use.

Litigation & Trials

Predictive Coding: A Better Way to Deal with Electronically Stored Information

Aaron Goodman

An attorney lays out the argument that computers may be a better way to deal with electronically stored information in discovery.

Litigation & Trials

How Do I Trust Thee? Let Me Count the Ways: Attorney Credibility in the Courtroom

Ann T. Greeley and Lindsay Eriksson

How does a trial lawyer present a case without falling victim to jurors' negative preconceptions about lawyers?

Litigation & Trials

Eight Steps in Representing an Accused in College Sexual Misconduct Disciplinary Proceedings

Andrew T. Miltenberg and Philip A. Byler

These proceedings differ dramatically from court, but can have serious consequences.

Arbitration

Confidential Arbitration Agreements for High-Profile Clients and Senior Executives

Kevin J. Hamilton and Harry H. Schneider Jr.

Suits by personal service employees can reveal sensitive confidential information if they are not kept out of court, and can involve extortionate demands.

Privacy

The Road to Roe

Geoffrey R. Stone

Truly understanding this landmark decision requires knowing the history of abortion law and practice in the United States .

Litigation & Trials

Burying the Ten Commandments of Cross-Examination

Patrick Malone

A re-evaluation of Irving Younger’s rules reveals the need for modification.

Columns

Courts & Judiciary

When Attacks on Judges Go Beyond the Pale

Laurence Pulgram

What is the correct response when a politician lays into a sitting judge?

Litigation & Trials

How Effective Trial Attorneys Present

Hon. Robert S. Lasnik

Attorneys who have seen jurors reward brevity and efficiency while punishing repetition and inefficiency realize that it isn’t only trial judges who don’t appreciate tactics that waste time.

Litigation & Trials

How Artificial Intelligence Is Revolutionizing the Legal Practice

Paige E. Kohn

The ability of a computer to complete intelligent tasks normally performed by people, has been a trending topic in the law lately, and for good reason.

Litigation & Trials

Connectivity: The Construction of the English Paragraph, Part III

George D. Gopen

In order for us to follow a paragraph from beginning to end, without stumbling, each sentence must be connected smoothly and firmly to both of its neighbors.

Europe

Maintaining Legal Privilege in the Netherlands

Nikki Odom

Continued confusion around the privilege and how it is invoked in various jurisdictions requires in-house attorneys to be vigilant and to help businesspeople to delineate between communications that are likely covered by the privilege and those that are not.

Litigation & Trials

Claude Monet and the Theory of Your Case

Michael E. Tigar

Can juror impressions change during the shared journey of a trial?

Professional Development

“Expert” Lawyers

Robert E. Shapiro

It’s no good to be just a good lawyer anymore. You have to say what kind of (good) lawyer you are and claim to know all that your specialty would require you to know.

Lawyer Wellness

Be Not Afraid

Kenneth P. Nolan

Ego prevents good lawyers from becoming great.

Client Protection

Dropping a Client Like a “Hot Potato”

Michael Downey

When a lawyer seeks to terminate a client-lawyer relationship to take on a matter adverse to the client, the lawyer is committing a potential breach of the fiduciary duty of loyalty owed to that client.

Headnotes

Litigation & Trials

Trial Practice: Analyze This!

William F. Hamilton

Legal cases begin with questions needing quick, accurate answers: What happened? Whom did it happen to? How did it happen? What relief does the client need? How quickly does the client need it?

Litigation & Trials

Lawyering: The Heart of Institutionalism

Michael D. Schag

What is institutionalism? Academics use the term to explain systemization in organizational behavior, bureaucracy, economics, and sociology, but when legal commentators bandy the idea of institutionalism about, it typically suggests something a bit different—a brand of thinking that favors the stability of and respect for the institutions in our society, particularly the courts.

American Bar Association TM American Bar Association

Fall 2016, The Cutting Edge

Timed Trials: Worth a Try

Features

Sua Sponte: A Judge Comments

Predictive Coding: A Better Way to Deal with Electronically Stored Information

How Do I Trust Thee? Let Me Count the Ways: Attorney Credibility in the Courtroom

Eight Steps in Representing an Accused in College Sexual Misconduct Disciplinary Proceedings

Confidential Arbitration Agreements for High-Profile Clients and Senior Executives

The Road to Roe

Burying the Ten Commandments of Cross-Examination

Columns

When Attacks on Judges Go Beyond the Pale

How Effective Trial Attorneys Present

How Artificial Intelligence Is Revolutionizing the Legal Practice

Connectivity: The Construction of the English Paragraph, Part III

Maintaining Legal Privilege in the Netherlands

Claude Monet and the Theory of Your Case

“Expert” Lawyers

Be Not Afraid

Dropping a Client Like a “Hot Potato”

Headnotes

Trial Practice: Analyze This!

Lawyering: The Heart of Institutionalism