From the Bench: The Five Don’ts of Settlement Conferences
Here are five thoughts that may help you reconsider your own tactics and challenge some of your basic assumptions about effective settlement negotiations.
Litigation Journal | 2017-2022 Popular Articles
2021-2022
Flowers on a Court Opinion: How the Trial of My Great-Grandmother’s Murderer Changed Me, My Family, and the Law
Reading the transcripts of my grandfather’s testimony was like taking a core sample from the psyche of people who find themselves enmeshed in our legal ecosystem.
The Unique Game of Baseball Arbitration
While dramatically different from a jury or bench trial, the unique presentation and decision-making dynamics of this process provide valuable insights for traditional trial lawyers in traditional se…
The Objectionable Client
Suppose your law firm assigns you, a junior lawyer, to work on election litigation for a particular candidate or political party, even though you supported or even campaigned for the other side.
The CSI Effect
This pop culture phenomenon can influence all phases of the trial. The authors share specific steps criminal law practitioners can use to either mitigate or exploit it.
A Day in the Life of an In-House Counsel
Clients often need quick advice, without the luxury of researching a question to death before providing that advice.
Scruples: Legal Ethics and Undercover Investigations
Whether a lawyer can counsel how to conduct an undercover investigation often depends on three things.
The Disappearing Oral Argument
It is time both courts and lawyers turn back to the genesis of our profession and revive the greatest arena of all—the debate in the courtroom.
Embracing Change: A Pioneer Reflects on Her Varied Career
While each person’s path is unique, everyone faces similar challenges as we confront the choices we must make in our life and our career.
Opening Statement: Our Changing Profession
Our profession is undergoing a sea change in how we practice, and it's being driven by more than just the COVID-19 pandemic.
Truth Suits: Litigating Against the Viral Spread of Disinformation
Disinformation has serious consequences for democracy, national security, public health, and individual rights. Increasingly, victims are attempting to combat disinformation via litigation.
Training Trial Lawyers
In 2018, a law firm launched a top-to-bottom refresh of its litigation training, combining elements of formal education and apprenticeship, with seminar and learn-by-doing elements.
2017-2020
The Nineteenth Amendment and Gender Identity Discrimination
In many states, transgender people face hurdles to voting and other discrimination to which the amendment could apply.
Why Diversity Matters in the Selection and Engagement of Outside Counsel: An In-House Counsel’s Perspective
Given the importance of diversity in the legal profession, it is critical that we work together as an industry to accelerate the pace of progress and to find ways to do so at scale.
Artificial Intelligence and Legal Issues
The output of AI can be relevant to issues that arise in litigation, and, because of its limitations, its use can invite legal challenge.
Proof at the Salem Witch Trials
Although we think the Salem trials were a miscarriage of justice, even today we remain bewitched by "what everybody knows."
Repeal the AntiTerrorism and Effective Death Penalty Act to Restore Habeas Corpus
Little attention has been paid to the almost total evisceration by Congress and the Supreme Court of the writ of habeas corpus.
Marital Privileges
While confusing and contradictory, the marital privileges are here to stay, at least in federal law. Bear them in mind when handling a civil or criminal case that involves spouses.
The Theory of the Case
Succeed at trial by weaving together the facts, law, and as much of the evidence as possible into a coherent whole that favors your client.
There Is No Work-Life Balance
The authors think the conceptual model that frames the work-life-balance question is only confused, but pernicious and destructive.
“I Will Defend to the Death Your Right to Say It.” But How?
The offensiveness of speech is not a factor—or, at least, shouldn’t be a factor—when deciding whether the First Amendment protects expression.