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Sound Advice
Get quick tips on the go. Listen to podcasts from experienced litigators. Disclaimer: The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.
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Recent Sound Advice
As an Advocate, Welcome Questions from the Bench and Use Them to Win Your Appeal
Sylvia Walbolt – February 19, 2019 | Everyone fears getting a question during oral argument to which they do not have a good answer. Experienced appellate advocates welcome questions and use them to advance their argument. (8:30 min.)
Avoiding Waiver of Privilege under FRE 502
Ashley Heilprin – February 16, 2019 | Federal Rule of Evidence 502(d) provides for an effective way to claw back documents and avoid waiver of attorney-client privilege. This Sound Advice includes tips on drafting Rule 502(d) orders and avoiding the murky waters of Rule 502(b) considerations on waiver of privilege. (12:00 min.)
Clerking for a Judge After Law School
By Kristopher Morton | Law clerk for the Honorable K. Nicole Mitchell in the United States District Court for the Eastern District of Texas discusses the role of a law clerk, the benefits of clerkship, the skills and qualifications of a law clerk, preparing application materials, and preparing for an interview.
When Does the FINRA Code Require Arbitration of Customer Claims?
By Peter Tepley – February 11, 2019 | This program discusses FINRA Rule 12200 and the Eleventh Circuit's decision in Pictet Overseas, Inc. v. Helvetia Trust, 905 F.3rd 1183 (11th Cir. 2018) interpreting that rule. In particular, it focuses on the court's analysis of when does a customer dispute with a FINRA Member or Associated person arise in connection with the business activities of the associated person so as to require that the dispute be arbitrated under the FINRA Code of Arbitration procedure. It also briefly discusses the holdings in two other cases dealing with similar issues.
Federal Forum Charter Provisions for Securities Claims
By Albert Manwaring – February 11, 2019 | This program addresses whether a Delaware Corporation may include in its certificate of incorporation a forum-selection provision, requiring that 1933 Securities Act claims be filed exclusively in federal court.
The Importance of Recognizing Vicarious Trauma in Your Daily Practice
By Jennifer Selitti and Tracey Telemaque – February 4, 2019 | Are you suffering from Vicarious Trauma? For many lawyers and judges (as well as jurors, courtroom personnel, and others), the violent, disturbing, and unsettling reality they witness inside and outside the courtroom as part of their profession can become debilitating. Vicarious trauma, also called compassion fatigue or secondary trauma, is a form of post-traumatic stress disorder. Attorney Jennifer Selitti discusses how to recognize when we are effected by vicarious trauma, and how to best cope with it.
The Pursuit of Social and Legal Justice: How a Minority Trial Lawyer Can Do Their Part
Ruby R. Wharton and Alexander Wharton – February 5, 2019 | Attorney Ruby Wharton gives advice to Minority Trial Lawyers on how to make positive changes in their communities. (15:09 min)
Introduction to Litigating Special Education Matters for the Young Lawyer
Janice Arellano – February 3, 2019 | This Sound Advice will provide an overview of what it is like to practice in the area of special education. (11:59 min)
Trial Tips for Young Lawyers
Malik Pickett – February 1, 2019 | Trial tips specifically geared towards new lawyers. (9:29 min)
Introducing Emails at Trial Under the Business Records Exception to the Hearsay Rule
Ashley Heilprin - January 29, 2019 | Emails are a frequently used form of communication but may be objected to on the basis of hearsay. One way to try to introduce emails is through the business records exception to the hearsay rule.
Authenticating ESI under FRE 901 and 902
Ashley Heilprin - January 29, 2019 | Quick tips on methods for authenticating and opposing proffered electronically stored information under the Federal Rules of Evidence.
Pleading Affirmative Defenses
Phillip J. Block – January 24, 2019 | Affirmative defenses are a vital procedural and substantive tool available to defendants. They are, however, pled as part of a key pleading in each case and should be given the appropriate level of review, scrutiny and legal research as other filings. (3:26 min)