The Stoic Litigator: Ancient Advice on Finding Happiness in Our Work
How do we enjoy meaningful, fulfilled, and contented lives in a context that includes so much conflict, pressure, and grueling effort?
Litigation Journal | Fall 2022: Work
Volume 49, Issue 1
Features
Battling the System to Vindicate Employment Rights
Employment litigation for plaintiffs is incredibly challenging work, but it is also work that can be very lucrative and emotionally rewarding.
Sua Sponte: A Judge Comments
Delay can result in a party with a meritorious claim walking away with nothing more than a financial and emotional insult to add to a legal injury.
Working the Heater Case
Some cases are decided on factors wholly unrelated to the evidence at trial. This is profoundly true with sensational cases.
The Justice Case for Litigation Finance
The increase in the use of legal finance has begun to level the playing field for the search for truth.
Four Keys to Litigating a Modern Trade Secret Case
Whichever side you're on, it's important to know the forensic evidence, preserve everything, seek early equitable relief, and define the relevant trade secrets early.
Legal Research: The Old Way Versus the New
Using the old way, a researcher gets the full picture of the law, but picking the wrong key number can lead the researcher astray.
Should I Stay (Home) or Should I Go (to the Office)?
Lawyers need each other because they learn from each other. Lawyers in the early years of their career must learn their craft.
A Receiver's Colorful Journey into Fraudulent Schemes
Even though often flying blind, the receiver must act quickly to preserve any available records and recover assets.
Moving a Fairness Mantra into Action
We believe you can do good by doing well, and vice versa. We only take cases in which our ethical commitments align with those of our clients.
Columns
America the Client!
Imagine if we had more lawyers dedicated to helping educate society as to the strengths and weaknesses of all manner of positions and arguments.
Judicial Education and the Human Side of Judging
Once considered off-topic and largely irrelevant, educational content that explores and illuminates the human side of judging is now the state of the art.
Building to a Glorious End: "I Have a Dream" Speech, Part II
An understanding of how Dr. King achieved his oratorical success may well help you better serve your clients.
Stare Decisis and the Supreme Court's Undoing Project
After Dobbs, many are justifiably worrying about what other important constitutional rulings are at risk. Scarily, they all are.
Mismatched Expectations: Meet-and-Confer Sessions
How come the meet-and-confer obligation, as much a staple of day-to-day litigation as any other procedure in the books, never seems to work?
How I Learned to Be a Great Litigator
Your job is to win the case. If that means you say little or suppress your ego, then do so. Jurors know if you're a phony, a "showoff," and will punish you.
Proper Distribution of Settlement Funds
You need to sweep all your earned fees out at once. If earned fees sit in your trust account, you would be commingling funds.
Headnotes
Finding Mentors, Building Skills
You have to be willing to accept help wherever it makes sense to get it from, regardless of what that person looks like.
The Case for Soft Skills
Despite the identification of professional relationships as a consistent and key practice challenge, little training is focused on building the "human" skills necessary to meet it.