The definitive guide to the brave new world of remote advocacy for the trial and appellate practitioner--as well as law students and recent law grads. Full of keen insights and practice tips to help you be the best advocate you can be in remote proceedings of all types, including remote courtrooms (hearings, bench and jury trial), arbitrations, mediations, appellate practice, depositions, and other forums. This book combines leading research on persuading audiences over remote platforms combined with tips on conquering the technical aspects of using remote platforms to your fullest potential. A useful tech section covers the basics to more advanced applications. Based on extensive troubleshooting sessions and discussions with judges and lawyers in remote proceedings following the onset of the COVID-19 crisis, this is the essential guide for remote proceedings that have since proliferated in the legal world--while acknowledging the continuing need for remote advocacy in the future.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The COVID-19 pandemic has changed nearly every aspect of a trial lawyers professional life but one: the need to provide skilled and competent advocacy to their clients. Remote Advocacy: A Guide to Survive and Thrive is a collection of thirteen essays designed to help you adapt to the whiplash changes your practice and the justice system have endured this year. With topics ranging from video-conferencing etiquette, attorney-client interviewing and relationship building, ethics, and discovery, to mediation and arbitration, pro se litigants, and hearings from a judges perspective, these essays will provide you with practical guidance for lawyering in a time of extraordinary change. Sharing their insight and experience in these pages are NITA faculty and authors Mary Jo Barr, A.J. Bellido de Luna, Elizabeth Boals, Rebecca Diaz-Bonilla, Reuben Guttman, Sidney Kanazawa, and Whitney Untiedt, among others. Whether you read it cover to cover or reach for it for a specific topic, you will find pragmatic advice to help you handle our changing legal environment.
The classic guide to working from home and why we should embrace a virtual office, from the bestselling authors of Rework “A paradigm-smashing, compulsively readable case for a radically remote workplace.”—Susan Cain, New York Times bestselling author of Quiet Does working from home—or anywhere else but the office—make sense? In Remote, Jason Fried and David Heinemeier Hansson, the founders of Basecamp, bring new insight to the hotly debated argument. While providing a complete overview of remote work’s challenges, Jason and David persuasively argue that, often, the advantages of working “off-site” far outweigh the drawbacks. In the past decade, the “under one roof” model of conducting work has been steadily declining, owing to technology that is rapidly creating virtual workspaces. Today the new paradigm is “move work to the workers, rather than workers to the workplace.” Companies see advantages in the way remote work increases their talent pool, reduces turnover, lessens their real estate footprint, and improves their ability to conduct business across multiple time zones. But what about the workers? Jason and David point out that remote work means working at the best job (not just one that is nearby) and achieving a harmonious work-life balance while increasing productivity. And those are just some of the perks to be gained from leaving the office behind. Remote reveals a multitude of other benefits, along with in-the-trenches tips for easing your way out of the office door where you control how your workday will unfold. Whether you’re a manager fretting over how to manage workers who “want out” or a worker who wants to achieve a lifestyle upgrade while still being a top performer professionally, this book is your indispensable guide.
Persuasive, engaging oral argument is breathtaking. Envision a self-assured attorney leading the court through the salient points of the case, deftly addressing questions from the bench, and steering those questions to the next relevant topic. It’s like watching a magician at work. Think that magic is beyond you? Think again. You can learn to be a persuasive oral advocate with the tips and advice in Point Well Made:Persuasive Oral Advocacy. Whether you are a first-year law student prepping for your Moot Court presentation, a public defender managing mountains of motions, an appellant or respondent on appeal before a panel, or a seasoned lawyer arguing in front of the US Supreme Court, you need Point Well Made. Indiana Court of Appeals Judge Nancy Vaidik and international legal communications coach Rebecca Diaz-Bonilla again bring their expertise to your fingertips. This completely revised and expanded edition of Point Well Made gets even more “under the hood” of judges, pointing out ways to recognize the reactions of your audience and effectively persuade. You will learn how to prepare the right notes for your hearings, so you are confident in your facts, theories, and themes. You will also learn to handle a judge’s questions, how to deal with multi-judge panels, when and how to pivot when the court is unpersuaded, and how to lay out your argument to the best advantage. In addition to helping you address the facts of your legal arguments, Point Well Made will enhance your presentation skills—how to deliver the motion with successful voice and body language techniques to capture the attention and trust of your listeners. Examples and exercises throughout the book help you practice your skills and learn from the experience of other attorneys. The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question? The tables spell out effective responses. Nervous about an upcoming argument? Review the tables for methods of relieving your jitters. Dialing into your first remote hearing? Point Well Made provides a step-by-step guide. Expanded to address appellate argument and remote hearings, the new edition of Point Well Made is a hands-on, practical guide that helps you develop persuasive themes, effectively convey your facts, simplify the law, gain insight into your particular judge(s) so you can customize your argument, and answer challenging questions with confidence.
Now in its fourth edition, Modern Trial Advocacy: Canada is the first and last word in Canadian trial practice. This classic handbook, published by the National Institute for Trial Advocacy, gives practitioners a detailed road map for conducting a trial. Expanding on the original text written by Steven Lubet for an American audience, experienced Toronto trial lawyers Cynthia Tape and Julie Rosenthal guide the beginning advocate in developing a winning case theory through all phases of trial. They explain how to present a case as a story – and powerfully and persuasively tell that story to the jury. Modern Trial Advocacy: Canada provides not only Canadian case law and statutes, but also valuable insight into the specific elements of Canadian litigation practice as itpresents a realistic and contemporary approach to learning and developing trial advocacy skills. This book offers a sophisticated, theory-driven approach to advocacy training that distinguishes it from other books in the field. The fourth edition has been updated with current citations to case law, statutes, and rules and the latest “best practices” for using technology in the courtroom.
In Strong Advocate, Thomas Strong, one of the most successful trial lawyers in Missouri’s history, chronicles his adventures as a contemporary personal injury attorney. Though the profession is held in low esteem by the general public, Strong entered the field with the right motives: to help victims who have been injured by defective products or through the negligence of others. As a twelve-year-old in rural southwest Missouri during the Great Depression, Strong bought a cow, then purchased others as he could afford them, and eventually financed his education with the milk he sold. After graduating law school and serving in the Army’s Counter Intelligence Corps, he rejected offers to practice in New York and San Francisco and returned to his hometown of Springfield. Strong exhibited his lifelong passion to represent the underdog early in his practice, the “trial by ambush” days when neither side was required to disclose witnesses or exhibits. He quickly became known for his audacious approach to trying cases. Tactics included asking a friend to ride on top of a moving car and hiring a local character called “Crazy Max” to recreate an automobile accident. One fraud case ended with Strong owning a bank and his opponent going to prison. When he sued a labor union for the wrongful death of his client’s spouse, he found his own life threatened. With changes in the law that allowed discovery of information from an opponent’s files as well as the exhibits and witnesses to be used at trial, Strong and fellow personal injury attorneys forced a wide array of manufacturers to produce safer products. When witnesses of a terrible collision claimed both roadways had green lights simultaneously, Strong purchased the traffic light controller. After three months of continuous testing at a university, the controller failed, showing four green lights, and Strong learned that fail-safe devices were available but had not been implemented. These fail-safe devices are now standard on traffic lights throughout the country. In his last venture, Strong represented the state of Missouri in its case against the tobacco industry, culminating in a settlement totaling billions of dollars. He reflects on the changes—not always for the better—in his oft-maligned profession since he entered the field in the 1950s. Thomas Strong’s story of tenacity, quick wits, and humor demonstrates what made him such a creative and effective attorney. Lawyers and law students can learn much from this giant of the bar, and all readers will be entertained and heartened by his victories for the everyman.
Aimed at parents of and advocates for special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations.
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
How to prepare and present a winning civil court case Many disputes are too big for small claims court but too small to justify a lawyer’s fee. Fortunately, if you’re willing to learn the courtroom ropes, you can successfully handle your own case from start to finish. Represent Yourself in Court breaks the pretrial and trial process down into easy-to-understand steps. Armed with these clear and thorough instructions, you’ll be well prepared to: draft and file court papers get help from an attorney or legal coach obtain and prepare your evidence, including social media postings handle depositions line up, prepare, and examine witnesses present an opening statement make and respond to objections pick a jury if necessary, and deal with the court clerk and judge Whether you’re a plaintiff or a defendant, this book will help you handle a bankruptcy, divorce, landlord-tenant dispute, breach of contract case, small business dispute—or any other civil lawsuit. The new edition includes information and tips on participating in a court hearing via Zoom.
