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Daubert - Keeper of the Gate (12 pp) (relevancy score: 100%)

by Todd Winegar
from Deposing Einstein: Achieving Success with Experts (September 6, 2012)

Rule 703 allows an expert to use facts and data: 1. Perceived by the expert; 2. Made known to the expert at or before the hearing; or 3. Inadmissible evidence, if such evidence is `reasonably relied upon by experts in that field.' `Conduit evidence,' where the testifying expert `unreasonably' relies on evidence from other experts to get it before the court. If expert "A" used facts or data that is found inadmissible, and not reasonably relied upon by experts in his field; and expert "B" ...

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Checklist for Use in Preparing for an Expert Deposition (26 pp) (relevancy score: 100%)

by Todd Winegar
from Deposing Einstein: Achieving Success with Experts (September 6, 2012)

1. Subpoena the expert's file (including all electronic documents, drafts of reports, emails with other experts, emails with counsel, etc.). 2. Expert report. - Meet with your expert, and outline the questions regarding the case facts, opinions, basis of opinion etc. to ask the expert. V1.4 19 45 24. OTHER EXPERTS IN THE FIELD [Goal: Get the expert to commit that another expert, who you knows has a treatise or other opinion that is favorable to you, to acknowledge the expertise of the ...

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Outline of Presentation Slides (24 pp) (relevancy score: 100%)

by Todd Winegar
from Deposing Einstein: Achieving Success with Experts (September 6, 2012)

Expert = Highway Patrol Highway Patrol: 69.3 mph Expert = USAF engineers Expert Engineers: 43 MPH Client: Under 20 mph Eyewitnesses: 15-19 mph The Truth ??? Departing partner "expert" ­ $580 million Remaining partner "expert" - $17 million What is an expert? Step by Step "Science" is run by humans Errors always occur Look for errors at each step Step by Step Steps ­ (100?)

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Productive Networking for Women in Law - Slides (6 pp) (relevancy score: 100%)

by Neen James
from Productive Networking for Women in Law (September 6, 2012)

Neen James Communications LLC All rights reserved www.neenjames.com Know Your Productivity Style · Are you a planner or a crammer? Neen James Communications LLC All rights reserved www.neenjames.com 3 Know Your Networking Style · What is your best time of day? Neen James Communications LLC All rights reserved www.neenjames.com Know How to Look Fabulous · Remember you have 7 seconds· Your networking outfit· Don't be the `bag lady'· Business card etiquette· Vital networking tools © Copyright ...

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Productive Networking for Women in Law - Action Plan and Guidelines (8 pp) (relevancy score: 100%)

by Neen James
from Productive Networking for Women in Law (September 6, 2012)

312 greshamh@wvbar.org 877/NYS4CLE (6974253) 717/2313231 FAX Salt Lake City, UT 841113834 www.wvbar.org 212/4282974 FAX 800/4972253 x3230 801/5319077 cle@courts.state.ny.us pacleb@pacle.org 801/5310660 FAX Wisconsin www.courts.state.ny.us www.pacle.org skuhre@utahbar.org Ms. Tammy McMillan www.utahbar.org Board of Bar Examiners North Carolina Puerto Rico Mail: PO Box 2748 Ms. Debra Holland Ms. Yanis Blanco Santiago Vermont Madison, WI 537012748 Associate Director Continuing Legal Education Ms...

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Real World Document Drafting®: Form, Style, and Substance (156 pp) (relevancy score: 100%)

by Marvin Garfinkel
from Real World Document Drafting®: Form, Style, and Substance (August 29, 2012)

2 2 3 TABLE OF CONTENTS ® REAL WORLD DOCUMENT DRAFTING April 22, 2010 Full Day Program Materials Page 1.0 Introduction...................................................................................................... 9 2.2.20 Confirm Your Client's Understanding of the Legal Significance of Material Contract Provisions .......................... 94 4. Provide that the notice must specifically refer to the default provisions of the document and the provisions of the document alleged to be...

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Real World Document Drafting®: Presentation Slides (128 pp) (relevancy score: 100%)

by Marvin Garfinkel
from Real World Document Drafting®: Form, Style, and Substance (August 29, 2012)

© 2009 Marvin Garfinkel 3 Real World Document Drafting (C) Marvin Garfinkel2006- 2010 Segment 1 - NOTE: All References to RWDD Book are to Jan 2008 Ed. © 2002 Marvin Garfinkel Real World Document Drafting (C) Marvin Garfinkel 2010 - Segment 3 NOTE: All References to RWDD Book are to Jan 2008 Ed. PlausibilityReasonableness If in doubt - redraft © 2002 Marvin Garfinkel Drafting Standard Hypothetical creative advocate © 2002 Marvin Garfinkel Real World Document Drafting (C) Marvin Garfinkel ...

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Ethics of Legal Writing:Issues in Litigation, Research, Negotiation, and MarketingPresentation Slides (14 pp) (relevancy score: 100%)

by Timothy P. Terrell
from Ethics of Legal Writing (September 7, 2012)

2 2 3 ALI-ABA Telephone Seminar/Audio Webcast September 7, 2012 Ethics of Legal Writing: Issues in Litigation, Research, Negotiation, and Marketing Professor Timothy P. Terrell Emory University School of Law Co-Founder, LAWriters Framing the topic · "Ethics" and "writing:" Two enormous, and distinct, topics · Focus here on a few particular situations in which ethical dangers often appear in a "writing" 1 4 Summary I. Litigation contexts II. 11 9 Plagiarism -- Ghostwriting Contexts: Speeches ...

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Ethics of Legal Writing (9 pp) (relevancy score: 100%)

by Timothy P. Terrell
from Ethics of Legal Writing (September 7, 2012)

16 2 17 American Law Institute-American Bar Association Live Telephone Seminar/Live Audio Webcast July 22, 2011 ETHICS OF LEGAL WRITING By: Prof. Timothy P. Terrell Emory University School of Law Atlanta, GA · Focusing on particular ethics issues most often in written form · Summary: I. Litigation II. D. Frivolous Arguments and FRCP Rule 11 Under Rule 11, a legal position must be "warranted by existing law or a nonfrivolous argument for the extension, modification, or reversal of existing ...

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The Best Brief Wins: On Writing Well (10 pp) (relevancy score: 100%)

by Todd Winegar
from Winning Your Case: Written Arguments That Work (December 17, 2010)

ORGANIZE 6. Pick the most persuasive organization template for Organization is the hard work of creating developed your reader. Version 1.2 2 disagreement, decisions to be made; 4. Proof 5 (evidence, reason (logos)); 5. Refutation ­ facts and WRITE arguments to destroy the opposing position; 6. `The first rule of writing is to write, don't think, Conclusion with an appeal to the emotions ( human write.' Weak verbs hide Different Organizations Reach Different Readers and the action and actors...

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Winning Your Case: Compelling Oral Arguments (58 pp) (relevancy score: 100%)

by Todd Winegar
from Winning Your Case: Compelling Oral Arguments (December 6, 2010)

2 2 3 ARGUMENT CHECKLIST Note: Much of the information on types of arguments is a summary of the argument section in Anatomy of Persuasion, by Todd Winegar. I. ARGUMENT IS: A. A list of reasons supporting a conclusion; 1. "The evidence shows that the defendant was the cause of this accident" may be argumentative, but it is not an argument. Be sure your implicit arguments complement rather than contradict your explicit arguments III.

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Client Service:Effective and Ethical (20 pp) (relevancy score: 100%)

by Roy S. Ginsburg
from Client Service: Effective and Ethical (December 3, 2010)

2 Client Service: Effective and Ethical ALI-ABA Telephone Seminar/Audio Webcast December 3, 2010 Roy S. Ginsburg, J.D.612-812-4500roy@royginsburg.com © 2009 Roy S. Ginsburg, J.D. www.royginsburg.com You're Probably Not As Good As You Think · 70% of Fortune 1000 clients are NOT satisfied (would not recommendprimary law firm) · 61% replaced one of their main firms within past 18 months · 48% have fired or considered firing a firm 3 Disconnect Law firm performance grade of "A" 43% - law firms 17...

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Focusing on Client Service (8 pp) (relevancy score: 100%)

by Roy S. Ginsburg
from Client Service: Effective and Ethical (December 3, 2010)

3 | March 2006 Classifieds | Display Ads | Back to Contents Focusing on Client Service Lawyers tend to forget that law is a service industry. By focusing on client service, lawyers can better retain current clients, gain more referrals, and minimize the risk of ethics complaints. Such client behavior hardly translates into satisfaction: · In 2005, a national consulting firm polled Fortune 1000 clients to determine client satisfaction.

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The Ethics Rules Surrounding Networking (4 pp) (relevancy score: 100%)

by Roy S. Ginsburg
from Networking Professionally and Ethically (November 11, 2010)

2 The Ethics Rules Surrounding Networking By Roy S. Ginsburg www.royginsburg.com As you probably know, while each state has its own rules of professional conduct, the overwhelming majority are based on the ABA Model Rules of Professional Conduct. Unless the potential client falls within the rule's specific exceptions, the rule is violated. Besides the solicitation rules, lawyers should also be familiar with the rules regarding referral fees.

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Networking Effectively and Ethically (14 pp) (relevancy score: 100%)

by Roy S. Ginsburg
from Networking Professionally and Ethically (November 11, 2010)

Rule 7.3 ­ cannot solicit employment from a prospective client unless person is· a lawyer· family· close personal relationship· prior professional relationship Comment: "Situation is fraught with possibility of undue influence, intimidation and overreaching." Consider client corporation policies Rule 5.4 (Professional Independence of a Lawyer) ­ cannot share legal fees with a non- lawyer 14 Increasing Your Contacts Join new groups ­ be active What do successful col eagues belong to?

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Excerpts from Tongue-Tied America: Reviving the Art of Verbal Persuasion, by Robert N. Sayler and Molly Bishop Shadel (draft; to be released by Aspen Legal Publishers, Spring 2011) (54 pp) (relevancy score: 100%)

by Professor Molly Bishop Shadel
from Public Speaking and Oral Advocacy: How To Do It Well! (October 28, 2010)

22 2 23 Excerpts from Tongue-Tied America: Reviving the Art of Verbal Persuasion, by Robert N. Sayler and Molly Bishop Shadel (draft; to be released by Aspen Legal Publishers, Spring 2011) Chapter 4: WRITING THE SPOKEN WORD You sit waiting to hear a speech. 1 Sayler/Shadel, Tongue-Tied America (draft; forthcoming, Aspen Legal Publishers, Spring 2011) 24 Here is the point--a speech is not an essay. 3 Sayler/Shadel, Tongue-Tied America (draft; forthcoming, Aspen Legal Publishers, Spring 2011)...

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Public Speaking and Oral Advocacy: How to Do It Well! (20 pp) (relevancy score: 100%)

by Professor Molly Bishop Shadel
from Public Speaking and Oral Advocacy: How To Do It Well! (October 28, 2010)

2 2 3 Public Speaking and Oral Advocacy: How to Do It Well ALI/ABA Presentation Professor Molly Bishop Shadel, University of Virginia School of Law I. Persuasive Oral Advocacy A. Basic concepts for effective courtroom presentations (opening statement, closing argument) also apply to presentations in non-litigation settings (client presentation, attorney meetings) B. Aristotelian Concepts 1. Ethos: manifesting good character 2. Pathos: engaging the emotions 3. Logos: exciting the mind with ...

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Deposition Of The Appraiser In Takings Cases (12 pp) (relevancy score: 100%)

by James D. Masterman and David G. Thomas
from the The Practical Litigator Vol. 21 No. 6

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Managing the Legal Writing of Others (42 pp) (relevancy score: 100%)

by Timothy P. Terrell
from Managing the Legal Writing of Others (October 5, 2010)

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Managing the Legal Writing of Others: Partner and Supervisor Editing Slide Presentation (10 pp) (relevancy score: 100%)

by Timothy P. Terrell
from Managing the Legal Writing of Others (October 5, 2010)

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