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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.
Discovery Practice, Eighth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process. Turn to this trusted guide for thorough, up-to-date clarification of: Insurance discoverability Discovery abuse -- its penalties and sanctions Confidentiality and discovery of trade secrets Use of experts Use of investigation files Use of witness statements Protective orders Invoking Rule 29 powers Tapes and telephones depositions Using the Manual for Complex Litigation Foreign discovery Discovery in administrative hearings Discovery in arbitration. Plus detailed coverage of such cutting edge areas as e-mail depositions and FOIA proceedings. Appendices include ready to adapt sample forms. Now, with all the practice tips and valuable strategies packed into Discovery Practice, you can Facilitate early and thorough disclosure of information Quickly determine a core of undisputed facts Intensively promote and pursue a negotiated settlement.
The thorough Guide to Trademark Trial and Appeal Board (TTAB) Practice takes you step-by-step through the entire process, covering claims for relief, defenses that can be asserted in opposition and cancellation proceedings, motion practice, mailing and service, discovery, evidence, proving your case, objecting to evidence, appeals, settlement and more. By Jeffery A. Handelman. As trademark law continues to evolve, so do the reasons practitioners might find themselves before the Trademark Trial and Appeal Board ( TTAB). Cutting-edge business concepts, breakthroughs in technology, and the increasing variety of forms of commerce are all bringing new and interesting challenges to trademark practice. Only Guide to TTAB Practice helps you with practice and procedure, as well as substantive law. Whether you're a rookie or a veteran, Guide to TTAB Practice makes certain you're fully prepared for every TTAB proceeding. This one-of-a-kind, nuts-and-bolts resource created by an expert practitioner takes you step-by-step through the entire process and tells you everything you need to know about practicing before the TTAB. Areas of particular interest include: Claims for relief Defenses that can be asserted in opposition and cancellation proceedings Motion practice Mailing and service Discovery Evidence--proving your case Objecting to evidence Discovery and testimony in cases involving foreign parties Restriction proceedings Priority determinations Summary judgment Submitting evidence Objecting to evidence Testimony Briefs at final hearing and oral argument Argument Appeals International challenges. Settlement--the chapter on settlement presents the most effective ways settlements can be structured in accordance with the governing Trademark Rules of Practice
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Designed for today’s student, eDiscovery for the Legal Professional, Second Edition, introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field; substantive legal precedent and case studies; procedural changes based on the Federal Rules of Civil Procedure; practical application of eDiscovery tools and resources; discussion of changing technology definitions, usage and trends; and ethical considerations for the legal professional when managing electronic discovery and data. New to the Second Edition: Up-to-date coverage of recent judicial decisions. Increased emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Continued exploration of how advancement of technology has created new ways for the law to be practiced and applied. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman’s terms. Emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with examples and exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and key points that highlight essential concepts and practical applications. Key topic coverage, including Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary to help students with new and unfamiliar vocabulary.
The Preparation of a Product Liability Case offers substantive analysis and practical, expert guidance on analyzing theories of liability, conducting pre-trial discovery and discovery of particular information, introducing crucial evidence, and planning litigation strategies. You'll find all the hands-on guidance you need to tackle such essential aspects of the product liability litigation process as: Strict liability, including the design defect, manufacturing defect, and marketing defect theories Failure to warn Breach of warranty Admissibility of remedial measures Defenses, including alteration of the product, compliance with government standards, and open and obvious defects Investigating and preparing a product liability action Helpful practice guides include numerous checklists and sample forms, as well as appendices of interrogatories, sample jury charges, and safety briefs in specific types of cases.
Popular casebook author and bar review lecturer Richard Freer makes the complex principles of civil procedure accessible for students and practitioners in this treatise. Filled with hundreds of examples, the book integrates legal doctrine with factual analysis. The book breaks the doctrines of civil procedure into easy-to-understand components, and then brings them together to show how they form a comprehensive body of law. As stated by one procedure scholar, this book “is a key reference not only for students, but also for any lawyer or scholar looking for a starting point to their research on procedure and jurisdiction. The latest edition is always on my bookshelf.” New to the 5th Edition: The Supreme Court’s most recent decision on specific personal jurisdiction, Ford Motor Company, and how it flows from the Court’s restriction of general personal jurisdiction Detailed analysis of all recent amendments to the Federal Rules of Civil Procedure Emerging law on class actions, including justiciability, ascertainability, cy pres, and issue certification Detailed treatment of remedies, including provisional remedies The Court’s 2020 recognition of “defense preclusion” Professors and students will benefit from: “Defining the Issue,” a section that opens each chapter, putting material into context and making connections to related areas of procedure and jurisdiction law Analytical frameworks to synthesize key subject areas