The Litigation Manual: First Supplement

Front Cover
American Bar Association, 2007 - Law - 1176 pages
Innovation is increasingly recognized as a vitally important social and economic phenomenon worthy of serious research study. Firms are concerned about their innovation ability, particularly relative to their competitors. Politicians care about innovation, too, because of its presumed social and economic impact. However, to recognize that innovation is desirable is not sufficient. What is required is systematic and reliable knowledge about how best to influence innovation and to exploit its effects to the full. Gaining such knowledge is the aim of the field of innovation studies, which is now at least half a century old. Hence, it is an opportune time to ask what has been achieved and what we still need to know more about. This is what this book sets out to explore. Written by a number of central contributors to the field, it critically examines the current state of the art and identifies issues that merit greater attention. The focus is mainly on how society can derive the greatest benefit from innovation and what needs to done to achieve this. However, to learn more about how society can benefit more from innovation, one also needs to understand innovation processes in firms and how these interact with broader social, institutional and political factors. Such issues are therefore also central to the discussion here.
 

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Contents

Bridging the Gender Gap
5
Learning the Craft
17
Picking a Winner
35
Communicating with Clients
45
Motions and Other Considerations
55
Cheating in the 21st Century
57
The Joy of Motion Practice
69
Preliminary Injunctions Look Before You Leap
84
Home Field Advantage The Opening Statement That Closes
611
The New Commandments of CrossExamination
622
Effective Use of Depositions at Trial
631
Teaching through Experts Changing the Obscure to the Obvious
642
Streetwise Litigation Legitimate Tactics for Operating Outside the Rules
659
Keeping It Simple in the Court TV Age Is Less Still Sometimes More?
673
Jury Instructions A Road Map for Trial Counsel
686
Closing Argument A String of Pearls
704

Excuse Me Your Jurisdiction Is Missing
96
Contingency Fees Weigh the Odds
107
Focusing When Less Is More
116
The Truth About Lying
132
It Depends on the Meaning of Ex Parte
142
Motions in Limine The Little Motion That Could
159
Discovery and Depositions
173
The Discovery Plan
175
Developing Evidence from Nonparties
192
Reading Other Peoples Mail
208
A Primer on Evidence
220
From Streets to Suites Private Investigators in Civil Cases
240
Identifying and Combating Discovery Abuse
254
Deposition Essentials New Basics for Old Masters
271
Preparing a Witness for Deposition
287
130 Rules for Every Deponent
302
Talking Green Showing Red Why Most Deposition Preparation Fails and What to Do About It
311
Expert Approaches
324
At Trial
341
Setting Up
343
Judge or Jury?
345
Summary Judgment Put Up or Shut Up
358
Preparing for Spontaneity at Trial
382
Humbling Experiences Trials of Small Claims
393
Rule Traps
403
Memory
423
Evidence
441
From the Bench What Works Evidence from a Trial Judges Perspective
443
Demonstrative Exhibits on a Budget
458
Summary Evidence
475
An Indelicate Balance Rule 403 of the Federal Rules of Evidence
486
Hearsay Juries White Elephants and Hippopotamuses
497
The In Place to Be Getting That Document into Evidence
520
Tactics
539
Selecting Jurors
541
Deselecting the Jury in a Civil Case
555
The Care and Feeding of Jurors
570
Starting on the Right Foot Effective Opening Statements
585
What You May Not Say to the Jury
721
Pointers on Preserving the Record
734
Damages et al
751
Litigating Damages Actual and Punitive
753
Corporate Wealth The 800 Pound Gorilla That Sabotages Fair Adjudication of Punitive Damages
767
Settle or Roll the Dice?
778
How to Borrow a Mediators Powers
792
Appeals
809
Think Before You Act
811
The PostConviction Lawyer
813
Interlocutory Appeals
833
Travelogue of Appellate Practice
848
Setting Up Your Appeal
858
You Better Shop Around Appellate Forum Shopping
874
Certiorari Practice The Supreme Courts Shrinking Docket
885
Arguing for Changes in the Law
910
Writing and Arguing
925
Effective Appellate Advocacy
927
Writing Winning Briefs
941
Just a BriefWriter?
950
Oral Argument The Continuing Conversation
960
Aftermath
973
Special Problems
975
Daubert After a Decade
977
Defending the Bankruptcy Criminal A Primer
993
Handling a Plaintiffs Sexual Harassment Case
1006
Checkmate in Class Actions Defensive Strategy in the Initial Moves
1022
Forensic DNA Case Evaluation and Litigation
1039
Qui Tam Litigation
1059
Lawyer Problems
1073
The Ten Most Common Ethical Violations
1075
The Conflicting Roles of Lawyer as Director
1090
Lying Clients An AgeOld Problem
1103
Tactics in a Disciplinary Proceeding
1119
Legal Malpractice and Evidence from Experts
1128
Your Clients Employee Is Being Deposed Are You Ethically Prepared?
1151
ABOUT THE EDITOR AND CONTRIBUTORS
1169
Copyright

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