ABA Section of Litigation's Sound Advice

Listen as United States District Judge John Koeltl of the Southern District of New York makes the case for civility among lawyers, both before and during trial, as a way of not only making the practice of law more satisfying for lawyers, but also less costly for clients, and more focused for judges and juries. Judge Koeltl, a member of the Judicial Conference Committee on Rules of Practice and Procedure, and a former partner in the New York firm of Debevoise amp; Plimpton, applies rules of civility to pre-trial behavior, written motions and briefs, as well as trial tactics, to drive home his plea for the development of a new culture of civility in our American courts.

As more and more cases go to mediation, your client's success depends on your ability to perform in a setting that is distinctly different from the courtroom. Listen to Lorna Schofield, Chair of the ABA Section of Litigation, who has both served as a Mediator in the Southern District of New York, and who has represented clients in mediation, as she advises on whether and how to give an opening statement in the mediation of a matter. Chair Schofield addresses the differences between opening statements at trial and in mediation settings, emphasizing how to make the most of the mediation opportunity.

Hear New York attorney Greg Joseph, an expert in Federal Practice, analyze five decisions issued in 2010 by the United States Supreme Court concerning Federal Practice, including issues regarding: arbitration clauses: Rent-a-Center West, Inc. v. Jackson and Stolt-Nielsen, S.A. v. Animal Feeds Int'l Corp.; statutes of limitations: Merck amp; Co. v. Reynolds; Federal Rule of Civil Procedure 15c(1)C)(ii)'s relation back doctrine: Krupski v. Costa Croiere, S.p.A.; and the determination of corporate citizenship for purposes of establishing federal diversity jurisdiction: Hertz Corp. v. Friend.

Think what happens in law school stays in law school? Think again! Hear Rachel Dawson, experienced law school career counselor, and current Associate Director at the ABA Section of Litigation, give her savvy advice on how to establish your professional demeanor and work ethic from the first moment you set foot into those hallowed law school halls.

Wondering who should be your client’s chosen representative at your next Federal Rule of Civil Procedure 30(b)6 deposition? Considering choosing more than one representative? Concerned about the scope of the deposition notice? Listen as Sutherland partner, Allegra Lawrence-Hardy guides you through the pertinent case law governing your ability to make your next 30(b)6 deposition a powerful weapon for case settlement or trial success. 

Listen to Ronald Jay Cohen, former Chair of the ABA Section of Litigation and founding partner of the Phoenix law firm of Cohen Kennedy Dowd amp; Quigley as he highlights the ten keys that will lay the foundation for a successful deposition. 

Hear Dean JoAnne Epps talk about direct examination and the importance of having a purpose, considering your audience and connecting to the proof. 

Concerned about how to maintain client confidences and protect attorney-client privilege when the party paying the bill is not the client, and may be trying to direct the litigation for the client? Hear Ethics Professor and Drinker Biddle Partner Larry Fox’s advice on how to navigate these difficult waters, using Model Rules of Professional Responsibility 1.8(f) and 5.4 as your guides.

Listen as New York attorney Beth Kaufman, a partner at Schoeman Updike amp; Kaufman LLP, shares her secrets on how to insure that your expert witness is a true asset to your case. Learn the value of experts with real experience, the questions to ask in the initial interview, and how to assess an expert’s ability to produce written materials, as well as useful testimony.

Hear experienced Washington, D.C. attorney Bill Garcia give you the 12 rules that could take you from being the “hired gun” to your client’s trusted advisor. Learn how in-house counsel thinks, how your bills can be your best marketing tool, how “bad news does not get better with age,” and many other key tips to building strong and lasting inside/outside counsel relationships.