Litigation & Trials Adapting to the Pandemic: One Judge’s Experience Hon. Mike Engelhart Perhaps the more interesting question is this: What practices and lessons will endure from this crisis?
Litigation & Trials Legal Crisis Management in a Time of Crisis Jim Dragna and Randall Levine While the pandemic will pass, the risk to organizations of future crises will not. While crises cannot always be prevented, a crisis can be managed.
Lawyer Wellness Managing Mental Health and Ethics: in the Wake of the COVID-19 Crisis Pamela A. Bresnahan and Stephanie L. Gardner Regardless of how life may look going forward, attorneys and law firms must consider the ethical issues that have been raised during the pandemic and the lessons that can be learned from them.
Litigation & Trials Leave No Child Behind: Parental Alienation in Family Courts Ashish Joshi On the chessboard of divorce, children can be pawns, played by one parent to align against the other.
Litigation & Trials An Alternative to the “Funnel” Approach for Taking Depositions Joseph Mais In complex civil cases with high stakes, starting with open-ended questions and funneling down with narrower and increasingly more detailed questions can be counterproductive.
Litigation & Trials The Life and Times of a Commercial Chapter 11 Debtor Asa S. Hami and Claire K. Wu When used properly, Chapter 11 can be extremely beneficial to businesses facing difficulty, but its proceedings can overwhelm lawyers who don’t regularly practice in the area.
Alternative Dispute Resolution Debunking Misperceptions: The Upsides of Commercial Arbitration Richard H. Silberberg and Neal M. Eiseman The authors argue that arbitration offers a timeline and a kind of self-determination unavailable in court.
Litigation & Trials Respect for the Judiciary James A. Reeder Jr. Judges may be strict constructionists or originalists or textualists or activists (in the traditional sense), but they are each deserving of our thanks and our respect for their undying devotion to the Constitution and the rule of law.
Litigation & Trials What I’ve Learned Mark Bennett A old new judge offers lessons from four decades spent in a variety of legal jobs, including Hawaii's attorney general.
Client Protection The Relativity of Legal Ethics Kenneth R. Berman We assume that, on balance, our ethical rules get it right most of the time in most of the circumstances that we most often encounter. But is that enough?
Client Protection It’s Not Complicated: Plain Speaking about Professional Ethics Robert E. Shapiro Any course of action that changes or rearranges this hierarchy—court system, client interest, self-interest—violates a lawyer’s professional responsibilities.
Lawyer Wellness Having It All Kenneth P. Nolan Does the law, with its eternal hours, its demand for complete devotion and fidelity, make significant commitment to family impossible?
Litigation & Trials “Of Counsel” Relationships Michael Downey The best place to start when considering having a lawyer associate with a law firm is whether the lawyer will be treated as inside or outside the firm for ethics purposes.
Litigation & Trials A Call for Some Punk in Our Advocacy Scott Arnold Following the lead of bands like the Ramones, stripped-down, cleaned-up litigating means shorter, more productive motions, hearings, and trials.
Litigation & Trials Hidden Meanings John Froemming Here are some common phrases uttered in deposition or in court, along with what might really be intended by their speaker.
