Inside Litigation Management

Dec
5
2022
A good portion of modern evidence is electronic, and screenshots are an easy way to capture and convey electronic information; however, though screenshots are often admissible, they do not contain metadata and they are easy to falsify. Here, Laura G. Readinger and Emma K. Diver advise attorneys to consider alternatives to screenshot evidence.

Dec
5
2022
It can be difficult to choose between litigation and settlement. In this article, Brannon Arnold and Andrew Sefzik offer five factors for corporate counsel to evaluate before accepting or rejecting settlement offers, including insurance coverage and the presence of disputed facts.

Dec
2
2022
Attorneys have a fiduciary duty to clients, and discharging that duty can require an attorney to handle large sums of money within strict ethical requirements. Here, David J. Blinsky recounts common financial mistakes and examples of financial wrongdoing among legal professionals.

Nov
30
2022
This November, the ABA Standing Committee on Ethics and Professional Responsibility published Formal Opinion 503, which states that absent special circumstances, it is ethical for attorneys to “reply all” on emails where opposing counsel has copied a client. The committee concluded that copying a client on an email implies consent for the client to also receive the reply— a more lenient position than several state ethics panels have outlined in the past.

Nov
29
2022
Leadership is a teachable skill, writes Yuliya LaRoe, and it’s important that lawyers learn it. In this article, LaRoe urges law practices to invest in team members by developing their leadership skills. To that end, she outlines a five-pillar leadership program, with skills and concepts tp learn in each category.

Nov
28
2022
Visuals capture juror attention, especially the attention of modern jurors accustomed to short-form, digital content. Here, Adam Bloomberg gives advice on developing slides for a closing argument— how to construct memorable visual aids, and use technology, and time, effectively.

Nov
21
2022
Attorneys deal in privileged information, and cybersecurity must be a priority for law firms storing confidential data. In this article, David Bensinger, Ph.D., argues for virtual desktops, technology that allows users to log into a secure, cloud-based workspace from any device. Though cost-prohibitive in the past, virtual desktops have recently become accessible to smaller firms with slimmer budgets.

Nov
17
2022
An economic recession may be on the way, writes Barrett Avigdor, but for savvy legal departments, financial pressure may be an opportunity, not a hardship. In this article, Avigdor encourages legal departments to conduct an audit, then pursue data-driven decision-making that solves business problems as well as legal ones.

Nov
15
2022
A 2022 report by Clio, a legal tech company, indicates that even despite a global pandemic and economic challenges, the legal industry continues to grow and the demand for legal services is rising. The report also describes a broad cultural shift towards flexibility for both employees and the clients they serve.

Nov
15
2022
Too often the adversarial nature of litigation leads attorneys to abandon civility in favor of over-aggressive tactics and ad hominem attacks; however, professional courtesy, when practiced, has enormous advantages both inside and outside the courtroom. Here, Anna Sanders both provides examples of attorneys sanctioned for unprofessional conduct and profiles attorneys who do practice civility. One of the shining examples of civility features Baylor Lawyer Melissa Smith. Way to go, Melissa!

Nov
14
2022
Attorneys can be personally liable for professional decisions. In this article, Sara E. Costello discusses Taylor v. Tolbert, a lawsuit based on a family law case where an attorney for one party used evidence intercepted in violation of both state and federal wiretapping laws. The Supreme Court of Texas ruled that attorney immunity, a state common law defense, did not shield the attorney from the federal wiretapping claim.

Nov
14
2022
The ethical duties of competence and confidentiality require stringent cybersecurity. Here, podcast hosts Sharon D. Nelson and John W. Simek explain cybersecurity basics like the Cloud, multi-factor authentication, and zero-trust architecture. They also recommend products for law firms seeking data-protection solutions.

Nov
10
2022
Third-party litigation funding— cases financed by investors who will share in any money awarded— is increasingly common in the legal world, but some consider it controversial. In this article, Bonnie Eslinger discusses typical concerns (like disclosure or unclear duties), the conversations around them, and includes a discussion of a potential solution.

Nov
9
2022
When corporate legal departments need to cut back, writes Hugo Guzman, they are most likely to contain costs by moving work in-house, aided by innovative technology. Guzman also identifies alternative fee arrangements as an effective cost-cutting strategy, with participating departments saving up to fifty percent.

Nov
8
2022
In the last two years, attorneys have left their jobs at much higher rates than pre-pandemic numbers. The trend, broadly called the Great Resignation, is ongoing and a cause of concern for law firms that can’t hold onto employees. Here, Shira Aharoni gives advice on hiring and retaining a team.

Nov
4
2022
E-Discovery is full of ethical gray zones, writes Julia Beskin, but often the responsibility of junior associates with little experience in practicing law. Here, Beskin discusses common discovery dilemmas and gives advice to new attorneys attempting to navigate the developing world of electronically stored information.

Nov
2
2022
Flat fees can attract clients who value predictability; however, fixed pricing is still subject to the guidelines that control all legal fees, and there are measures to consider for best-practice billing. In this article, Mark C. Palmer outlines what attorneys should know and plan around before transitioning to flat fee structures.

Nov
1
2022
Attorneys suffer from depression and anxiety at alarming rates, and suicide is the third most common cause of attorney death, behind cancer and heart disease. In this article, Donna Boni urges the legal industry to address those statistical truths— for individuals to seek help and for law firm leadership to recognize that a healthy team is better for attorneys, clients, and business.

Nov
1
2022
In September of 2021, the U.S. District Court for the Northern District of California ruled that a client waived attorney-client privilege when he forwarded an email to a hotel desk clerk for printing. Though this particular waiver occurred in 2016, pandemic-era work-from-home arrangements make accidental privilege waivers more likely, and attorneys must be proactive in instructing clients to preserve privilege on confidential communications.

Oct
31
2022
Crowdfunded legal cases are not new, but digital platforms like GoFundMe and Kickstarter are relatively novel features of the Internet Age. In this article, Paige Tungate and Michael Downey provide an overview of digital crowdfunding, along with the benefits and potential pitfalls attorneys should consider before accepting crowdfunded clients.

Oct
31
2022
Artificial Intelligence (AI) is already an established part of the legal industry, and many legal tech companies market their AI tools with exciting claims about high accuracy rates. In this article, however, Lance Eliot cautions attorneys to be wary of the limitations of machine learning and provides his own predictions about the future of legal AI.

Oct
27
2022
The billable hour is an attorney institution, but traditional methods are neither inherently good nor uniformly appropriate. Here, Jim Calloway discusses the negatives of hourly billing— for clients and attorneys alike— and gives tips to firms who want to implement alternative fee arrangements.

Oct
25
2022
The majority of civil cases in the U.S. pass through state courts that are, according to this article, lawyerless— defined here as a court where at least 75% of cases have one or more unrepresented parties. Pro se litigation is often the result of systemic poverty that is only furthered by the outcomes pro se litigants receive in a complex legal system hostile to their efforts and needs. This is a rule of law issue that we must fix.

Oct
24
2022
Apple released its iOS 16 operating system in September of this year. The update allows iMessage users to unsend or edit recent text messages, and it also changes the treatment of deleted texts. From now on, deleted text messages will exist on iPhones in recoverable form for thirty days. In this article, Jarrett Coco discusses the e-discovery implications of the new message features.

Oct
24
2022
Legal departments need legal technology, but often, writes Cassandre Coyer, departments select technology as it becomes necessary to relieve bottlenecks, rather than as part of a cohesive plan to innovate. As a result, some departments find themselves with incompatible softwares or higher integration costs— though a more strategic approach would have ensured that counsel had the right tools from the beginning.

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