Rethinking Credibility and the Burden of Proof Kenneth R. Berman The Blasey Ford/Kavanaugh hearing provides a backdrop for examining the four stages of credibility and how factual disputes are actually resolved.
Practice Management An Interview with Michael Kim: “Don’t expect clients to praise you for having a clean kitchen.” Ashish Joshi The co-founder of Kobre & Kim reveals the reasoning behind the firm’s unorthodox business model.
Litigation & Trials Attorney-Client Privilege John M. Barkett Lawyers who don’t stay on the safe road when using this evidentiary gift may end up lost .
Pro Bono The Impact Litigation Campaign to End Civil Forfeiture Dan Alban The practice of governmental property seizure is increasingly controversial.
Pretrial Practice & Motions A Litigator’s Pragmatic Approach to Avoiding Discovery Disasters Patrick Oot and Adam Shoshtari Here’s how to stay on the path of proportional discovery.
Practice Management Making the Most of Pro Bono Opportunities: Building a Litigation Practice Geoffrey Derrick and Lauren Weinstein A guide for associates trying to build a litigation practice.
The Essential Mentor: Six Suggestions Palmer Gene Vance II When you are mentored, you grow, develop and become a better lawyer. When you mentor someone else, you gain the satisfaction of seeing another lawyer succeed.
Going from Trial Lawyer to Trial Judge Hon. Dean Hansell Trial insights that a judge wishes that he had recognized while still a lawyer.
General Practice Bad News George D. Gopen Indirect language can show greater concern for the state of mind of the person listening.
Pretrial Practice & Motions Removal, Statutory Construction, and Constitutional Interpretation Robert E. Shapiro Removal seems simple on the surface, but it is governed by a number of different statutory provisions and rules.
Deposition How to Learn to Take a Deposition Kenneth P. Nolan Depositions are the new trials, and therefore the place where you must shake a witness's credibility.
Class Actions Aggregate Settlements Michael Downey Such arrangements can bring the differing interests among clients to the fore.
Litigation & Trials The Dangers of Overzealous Experts Maria E. Rodriguez Savvy lawyers love to face off against overzealous experts; they are easy to pick-off and jurors distrust them.
Pretrial Practice & Motions Why Not Trials Instead of Depositions? Dan Skerritt Like many older trial lawyers, I serve as an arbitrator from time to time. A recent American Arbitration Association continuing education program reminded me and other panel members that the norm should limit witnesses to testifying a single time: at the hearing, not in a deposition
Rule Of Law Arguing Both Sides of the Excesses of Government Power Richard Dean Two of the darkest chapters in American justice stand as examples of the Supreme Court failing to stand up to the other branches of government.
