Alternative Dispute Resolution (ADR) Professional Practice

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Mediation Briefs: Do’s and Don’ts

Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs. Do remember that the mediation session will likely be the last day of your case. Treat the event with the...more

The Antidote to the Spiteful Litigant

We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with...more

Can lawyers contractually agree to preclude a court from reviewing an arbitration award?

In Burton v. Class Counsel, 2013 DJDAR 16253 (2013), the Ninth Circuit Court of Appeal decided a unique case under the Federal Arbitration Act (FAA). The court decided the issue of whether lawyers can contractually agree to...more

ADR: A Silver Lining within the Legal Industry’s “New Normal”

Most pundits of the legal industry agree that the Great Recession of 2008-2009 changed the practice and the business of law forever. A number of widely read reports has identified these seemingly permanent changes as the “new...more

The Easiest Arbitration Agreement To Avoid May Be The One Between Attorney And Client

The First and Ninth Circuits recently issued opinions concerning the validity of state laws requiring “informed consent” to, or “full disclosure” of, arbitration clauses in attorney retainer agreements. Although the First...more

Can't We All Just Get Along?

The benefits to mediation over litigation are substantial: it’s ultimately less expensive than proceeding to trial; it saves time; and it avoids the hidden costs of litigation, which often include reduced productivity and,...more

How to Help Jurors Understand Spatial Relationships

Good visual presentations enhance juror attention, cognition and retention in the courtroom. By providing comparisons and reference points familiar to the juror, demonstratives can help communicate difficult concepts and...more

Employment Law update newsletter from DKLM LLP (UK)

UK Employment Law Update – October 2013 Following on from the recent costs litigation between Lord Sugar’s company and 2010 Apprentice winner Stella English, this employment law update includes a Q&A about the costs regime...more

Negotiate Better: Lessons from Empirical Research

There is a whole lot of empirical research that explains why so many negotiations fail to yield optimal results -- and that teaches us ways to improve the odds that we will do better. On the hunch that most busy lawyers don't...more

Let Us Now Praise Opposing Councel

But the Process can go a whole lot smoother and faster if the opposing counsel knows the area well enough to tell and advise the client as to the reality of the situation and reject spurious arguments that just waste...more

Court Reporter Working an Arbitration – Direct Examination or Cross-Examination?

I have been writing 250+ pages a day for the past week in a binding arbitration with three arbitrators. As a deposition reporter, I don’t do court work, and I don’t do a lot of arbitrations. The attorneys are calling...more

Lance's Lawyer: Armstrong Didn't Betray Me [Video]

Lance Armstrong's long-time attorney Tim Herman of Austin, Texas' Howry, Breen & Herman says "I certainly wouldn't feel betrayed by Lance Armstrong. I would never say that. He's not only a client but a very, very close friend...more

Lance's Lawyer: Armstrong Didn't Betray Me: Video [Video]

Jan. 15 (Bloomberg) -- Lance Armstrong's long-time attorney Tim Herman of Austin, Texas' Howry, Breen & Herman says "I certainly wouldn't feel betrayed by Lance Armstrong. I would never say that. He's not only a client but a...more

Divorce Mediation eBook

We are excited to announce the publication of our new eBook on Divorce Mediation. Learn what the many benefits are by getting a divorce through mediation versus a long, expensive and protracted contested divorce. See also how...more

Get Divorced Through Your iPad or iPhone

The events leading up to, and actually getting a divorce from your spouse can be one of the most difficult times in a person's life. But does the actual divorce process have to add unwanted stress? There is a better way to...more

Unfiltered Orange | Weekly eDiscovery News Update – September 26, 2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

How to Use Technology Effectively in Mediation

Recently, I co-presented a CLE webinar on "Technology for Better Mediation" along with two San Francisco trial attorneys, Miles Cooper of Rouda Feder Tietjen & McGuinn, and Jeff Smith of Abramson Smith Waldsmith. This post...more

Graphics to Help You Better Build Your Construction Case

In construction litigation, almost every description—from Aggregate, Beater Bars and Canusa wraps, to Wonderboard, Yokes and Z-bars—involves specialized language of the trade that must be made understandable. Visual aids...more

Two Top Infographics for Mediation of Employment Cases–And How You Can Make Them Yourself

It’s a simple fact that if you face a high likelihood your case will resolve at mediation, then you should put all you can into mediation to get the best result for your client. This includes using courtroom graphics not just...more

California Net Verdict Calculator for the iPad

One of my first posts on this blog discussed all the complications involved with calculating a verdict in California for personal injury cases, especially when a workers’ compensation lien and/or prior settlement must be...more

How Storyboards Helped Make a Complex Case and Could Help Yours, Too

This post spotlights one of the best and most convenient types of litigation graphics: Storyboards. What I mean by a “storyboard” is basically a series of images that are used to show how an incident occurred, what could have...more

What Attorneys Need to Know About the Cal. Supreme Court’s Important Ruling on Animation Admissibility

On Monday, the California Supreme Court issued a thoughtful opinion that finally provides strong guidance on the use of animations in trial, affirming their proper place in supporting expert testimony. The decision People v....more

Keynote for Attorneys: Tips to Try This Alternative to PowerPoint for Case Presentation

In my mind, there is simply no question that Keynote is superior to PowerPoint for many reasons, including: (1) it’s a Mac program, so it’s well integrated with all aspects of the Mac laptops and iPad; (2) it embeds videos in...more

The Beauty of Data: How to Use Adobe Illustrator with Excel to Show Complex Data for Litigation

Most people don’t find data beautiful, but it really can be. I am definitely not talking about endless pages of numbers, but rather about data that is visualized in an appealing manner, which actually can be an exciting and...more

Blogging and Social Media for the Legal Profession: Advice on What Works and Why

At the recent American Society of Trial Consultants convention in New Orleans, I was part of a wide-ranging panel discussion on social media and marketing that considered the benefits and effects of blogging and other social...more

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