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SIMPLIFYING FEDERAL CIVIL PROCEDURE

SIMPLIFYING FEDERAL CIVIL PROCEDURE

Alongside the Federal Rules of Evidence, a working knowledge of the Federal Rules of Civil Procedure is mandatory for anyone who hopes to build a civil-trial practice. While making the rules simple may be a stretch, I propose that one can simplify the civil litigation “road map” and thereby understand how the rules fit together. […]

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Can Trial Lawyers Truly Be Happy?

Can Trial Lawyers Truly Be Happy?

Is it possible for trial lawyers to achieve work-life balance? Much has been written about the unhappiness of lawyers. From crushing work hours to needy or ungrateful clients, many experience burnout and seek alternative careers.

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Are Bar Associations Relevant Anymore?

Are Bar Associations Relevant Anymore?

Law360 recently reported that layoffs have hit the American Bar Association (ABA) following years of declining membership rates, with approximately 4% of the ABA’s workforce expected to get a pink slip or accept a voluntary buyout within days.

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Becoming A Barrister

Becoming A Barrister

In a previous article, I proposed that an aspiring trial lawyer must decide whether to become a “barrister” or “solicitor.” In the British system, solicitors hold the client’s hand and shepherd the case to the door steps of trial. Barristers are creatures of trial, versed in the law of evidence, trial procedure and ethics. Barristers […]

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Are You A Barrister or a Solicitor?

Are You A Barrister or a Solicitor?

Many law school graduates want to taste the adrenaline of the court room – or at least think they do. In reality, few cases go to trial. This has led to the advent of “discovery litigators.” These attorneys go to depositions and hearings, argue summary judgment motions and attend mediation.

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Simplifying Electronic Discovery

Simplifying Electronic Discovery

In an age when vast amounts of electronic data can affect the outcome of litigation, the rules of electronic discovery (eDiscovery) can no longer be ignored. In fact, many state bars are mandating technology-focused CLE.

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Evaluating #MeToo Cases: Part II

Evaluating #MeToo Cases: Part II

My Perspective as a Trial Consultant Like other civil cases, sexual harassment cases can have shortcomings: for instance, dubious #MeToo witnesses and clients with unrealistic expectations. Jury research using focus groups and mock trials can correct case problems before trial or spot cases that should be settled.

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Simplifying the Admission of Evidence

Simplifying the Admission of Evidence

Mastering evidence law is foundational to anyone building a civil-trial practice, be it personal injury, medical malpractice, business litigation or employment law. Yet the complexity of the evidence code, overlaid with thousands of reported cases, makes this a daunting task for law students and young lawyers alike.

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Evaluating #MeToo Cases: Part 1

Evaluating #MeToo Cases: Part 1

My Perspective as a Male Employment Lawyer Recently, the Internet and media were ablaze about the so-called #MeToo movement. For the most part, this hashtag gave voice to women claiming past sexual harassment. While the movement has garnered much sympathy, it has also invited pushback and skepticism. This is my take, as a male and […]

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