Monthly Archive
for: ‘February, 2008’

Preparing for Appeal in the Trial Court

Under pressures of trial a lawyer may be tempted to consider preparing for appeal little more than a distraction from the business at hand. But ignoring the appellate process at trial can be costly, and preparing for it not unduly onerous. Lawyers who prepare for appeal in the trial court usually have to.” Those words have […]

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Keys to Effective Advocacy: What I Wish I’d Known as a Litigator

Effective advocacy is a product not only of training and experience but also of willingness to reexamine experience, learn and relearn basic principles, and condition one’s satisfaction on achieving results rather than a stellar performance in court. “Men are wise in proportion, not to their experience, but to their capacity for experience.”  – James Boswell, Life of Samuel […]

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Exculpatory Clauses: Uncertain Shields Against Liability

Exculpatory clauses garner mixed reviews from courts, juries, and consumers but can be useful tools in the armory of companies that provide services involving significant risk. Litigators and transactional attorneys alike will benefit from knowing the strengths and limitations of these devices.  Companies routinely include exculpatory clauses in their contracts with their clients. Exculpatory clauses […]

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