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Litigation Podcast

Litigation Podcast

Tips & Tactics for the Practicing Trial Lawyer



The Litigation Podcast delivers practical tips and tactics for all phases of trial – from pretrial case development to appellate argument. Brought to you by the Section of Litigation, the largest specialty section of the American Bar Association.

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 Podcast Website:
http://www.abanet.org/litigation/

Spoliation of Electronic Evidence: A Judicial Boiling Point?

Author: ABA Section of Litigation
Wed, Jan 11, 2012


As the pace of technological development has accelerated, the legal profession has struggled to keep up. How does new technology affect discovery obligations?

Download File - 2.1 MB
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Curb Your Enthusiasm: The Ethical Bounds of Zealous Advocacy

Author: ABA Section of Litigation
Tue, Nov 29, 2011


Some lawyers have tried to play the "zealous advocacy" card to escape the consequences of their misbehavior.

Download File - 1.5 MB
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Brand Enforcement on Social Networking Sites

Author: ABA Section of Litigation
Mon, Oct 31, 2011


In today's Web 2.0 world, businesses have inexpensive and far-reaching mechanisms through which to promote their brands and advertise their goods and services.

Download File - 1.2 MB
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Witness Preparation: What Is Ethical, and What Is Not

Author: ABA Section of Litigation
Mon, Jul 27, 2011


Many attorneys believe the ethical line is crossed whenever an outside consultant is hired to conduct the witness preparation. But focusing on who does it fails to address the broader issue: When is witness preparation ethical--no matter who does it?

Download File - 2.7 MB
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Tips for Managing Expedited Litigation from History's Great Strategist

Author: ABA Section of Litigation
Mon, Mar 28, 2011


Originally published in Verdict, Volume 24, No.1., Fall 2009 is available on the ABA Section of Litigation website. Text copyright 2010 by the American Bar Association. Production copyright 2010 by the American Bar Association. All rights reserved.

Download File - 1.6 MB
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“Geronimo!”—Or How I Became a Sole Practitioner

Author: ABA Section of Litigation
Wed, Dec 13, 2010


In this latest episode of the Section of Litigation Podcast, solo practitioner Kathleen Havener recalls the process by which she decided to make the transition from a large firm to a solo practice.

Download File - 3.9 MB
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Tips for Managing Expedited Litigation from History’s Great Strategists

Author: ABA Section of Litigation
Wed, Oct 13, 2010


Managing expedited litigation requires careful planning, attention to the critical components of your case, and, above all else, an obsessive focus on the primary objective. Here are seven tips to managing expedited litigation, pulled from some of the most influential military strategists in history.

Download File - 1.6 MB
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Effective Appellate Brief Writing

Author: ABA Section of Litigation
Thu, Aug 19, 2010


Appellate brief writers must understand the limits of understanding of the appellate judges, along with the concerns of the judges. In this episode of the Litigation podcast, Honorable Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit shares his thoughts on effective appellate brief writing.

Download File - 1.0 MB
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How to Be a Great Law Clerk

Author: ABA Section of Litigation
Thu, Jun 3, 2010


Keeping the judge on task and mindful of the principles that govern our justice system is a valuable role the law clerk fills.

Download File - 3.3 MB
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How to Be a Great Law Clerk

Author: ABA Section of Litigation
Thu, Jun 3, 2010


Keeping the judge on task and mindful of the principles that govern our justice system is a valuable role the law clerk fills.

Download File - 3.3 MB
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Business Plan

Author: ABA Section of Litigation
Thu, Mar 31,


Lawyers who create effective business plans attain direction, structure, and greater long-term control over their professional development.

Download File - 1.1 MB
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Tweet, Tweet, You’re Fired

Author: ABA Section of Litigation
Thu, Jan 4,


Although blogging and social networking may have benefits for companies, employers are beginning to take note of the legal risks of employee use of Web 2.0 technology.

Download File - 2.0 MB
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Federal Rules Changes Effective December 1

Author: ABA Section of Litigation
Thu, Dec 3, 2009


Expert commercial litigator Greg Joseph explains the new rules on amending pleadings, changes to summary judgment practice, and more.

Download File - 1.0 MB
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Using Technology to Help Win the Trial and Appeal

Author: ABA Section of Litigation
Thu, Oct 8, 2009


Trial technology is evolving rapidly. Attorneys who wait to learn about it put themselves and their clients at a significant disadvantage.

Download File - 1.0 MB
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Tips for Changing Jobs in the Current Market

Author: ABA Section of Litigation
Thu, Sep 3, 2009


Lawyers everywhere are dealing with layoffs and diminished job opportunities as a result of the current recession. In this episode of the Litigation podcast, Barbara Levenson, a veteran legal recruiter, offers some tips on navigating the current job market and asserts that job seekers still have options, albeit fewer ones.

Download File - 9.1 MB
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How to Take a Deposition—Execution

Author: ABA Section of Litigation
Thu, Jul 15, 2009


"A deposition is not the place to wow everyone with your brilliance; depositions are about slowly accumulating information." In the latest episode of the Section of Litigation podcast Kenneth P. Nolan offers practical and insightful tips on the best way to take a deposition.

Download File - 12.8 MB
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Rosa Parks: An American Icon

Author: ABA Section of Litigation
Thu, Jun 18, 2009


While it would be impossible to list the most important people in the history of the law in Law Makers, Law Breakers and Uncommon Trials, Robert and Marilyn Aitken highlight 25 people whose impact on the law and trials will never be forgotten. Listen to the Section of Litigation's latest podcast episode to hear the chapter, "Rosa Parks An American Icon".

Download File - 32.8 MB
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Finding Rewards in "Boring" Cases

Author: ABA Section of Litigation
Fri, Mar 27, 2009


Most litigators hope to try cases that are interesting and rewarding. But what happens when you become involved in a "boring" case? Listen to the Section of Litigation's latest podcast episode to discover rewards in these cases.

Download File - 16.5 MB
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Discrete Interrogatory Subparts Under Rule 33

Author: ABA Section of Litigation
Wed, Feb 4, 2009


Interrogatories during the discovery process can be terribly frustrating. Despite the frustration interrogatories can serve a vital purpose when properly used, helping to assemble information in preparation for depositions and to narrow issues for trial.

Download File - 12.2 MB
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Direct Examination: Ten Basic Tips for Young Trial Lawyers

Author: ABA Section of Litigation
Mon, Dec 8, 2008


You struggled through law school, passed the bar, and have begun your career as a litigator, with your eyes set on going to trial. What follows are some tips for direct examination of witnesses that should help young trial lawyers make their first entrance onto the trial stage.

Download File - 8.4 MB
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Evidence and Ethics

Author: ABA Section of Litigation
Fri, Sep 12, 2008


Surprises can add spice to your life and your practice. But rarely will a surprise be welcome when you are poised to begin the trial, put your witness on the stand, or wrap up your client’s case.

Download File - 37.4 MB
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13 Ways to Be a Better Lawyer

Author: ABA Section of Litigation
Tue, Jul 16, 2008


"Litigation is an art, not a science," says Steven Weiss in the latest episode of the ABA Section of Litigation podcast. Listen and learn several lessons to help you become an artist rather than a mere technician.

Download File - 30.0 MB
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Aristotle's Methods for Outstanding Oral Arguments (Part 2 of 2)

Author: ABA Section of Litigation
Fri, Jun 13, 2008


Part 2 of this episode sets forth a number of approaches, strategies, and tips for presenting outstanding and compelling oral arguments to trial and appellate judges, arbitrators and mediators.

Download File - 23.2 MB
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Aristotle's Methods for Outstanding Oral Arguments (Part 1 of 2)

Author: ABA Section of Litigation
Fri, May 30, 2008


Delivering oral argument can sometimes appear to be a daunting task. An advocate may experience pangs of self-doubt. He or she may wonder: What if the Judge doesn't like me? What if the Judge thinks my case is terrible? What if the Judge falls asleep during my argument? Such concerns are natural.

Download File - 19.7 MB
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The Secrets of Superstar Associates (Part 2 of 2)

Author: ABA Section of Litigation
Fri, Apr 25, 2008


How do young attorneys go from just another associate to a superstar associate? Listen to the second part of this podcast episode to unlock the secrets.

Download File - 16.3 MB
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The Secrets of Superstar Associates (Part 1 of 2)

Author: ABA Section of Litigation
Fri, Apr 04, 2008


How do young attorneys go from just another associate to a superstar associate? Listen to the latest podcast episode to unlock the secrets.

Download File - 21.1 MB
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The Special Challenges of Representing a Child in Criminal Proceedings

Author: ABA Section of Litigation
Fri, Mar 07, 2008


This podcast episode will help lawyers who represent children understand the basic tenets of representing this vulnerable population.

Download File - 24.0 MB
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A Few Do's and Don'ts of Oral Argument

Author: ABA Section of Litigation
Thu, Feb 07, 2008


The ability to present outstanding oral arguments is vital to your success as a litigator. Learn the do’s and dont’s of effective oral arguments.

Download File - 18.4 MB
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A Secretary Speaks (Part 2 of 2)

Author: ABA Section of Litigation
Fri, Nov 16, 2007


Don't take "no" or "I don't know" as an answer from your assistant. Learning new things isn't optional; it's an important part of your secretary's job.

Download File - 9.0 MB
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A Secretary Speaks (Part 1 of 2)

Author: ABA Section of Litigation
Fri, Nov 16, 2007


If you want to make your legal career go smoothly, make your assistant an integral part of your legal practice. A good assistant can be an invaluable tool, freeing up your time to actually practice law.

Download File - 6.0 MB
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A List of the Things That I Wish I Was Told

Author: ABA Section of Litigation
Fri, Nov 02, 2007


Consider these 12 important tips before delivering your next oral argument, from treating your argument as a conversation instead of a debate, to getting extra-record evidence and dealing with direct questions.

Download File - 7.8 MB
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The Care and Feeding of Inside Counsel (Part 2 of 2)

Author: ABA Section of Litigation
Fri, Oct 19, 2007


Our exploration on how to work towards a beneficial relationship between inside and outside counsel continues with a closer look at employee relations, teamwork, and being responsive to your client. Learn the ropes on what will give you the competitive advantage.

Download File - 8.0 MB
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The Care and Feeding of Inside Counsel (Part 1 of 2)

Author: ABA Section of Litigation
Fri, Oct 05, 2007


Listen and learn what inside lawyers are looking for in the performance of outside teams they hire, and how to be a lead lawyer on a team that gets called back. Taking steps such as being sensitive to your client's needs, pursuing cost-control opportunities, and always doing your homework will ensure your success.

Download File - 7.0 MB
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Getting the Most from Adverse Witnesses

Author: ABA Section of Litigation
Fri, Sep 21, 2007


Using tactics such as establishing precedent, closing escape routes, exploiting dilemmas and defusing trick answers can be integral to dealing with an adverse witness and coming out on top.

Download File - 10.4 MB
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10 Proven Ways to Irritate a Judge

Author: ABA Section of Litigation
Fri, Sep 07, 2007


A judge's temperament depends on how the judge reacts to what happens in front of the bench. When something irritates the judge, does he or she stay objective and in control or turn moody and agitated? If you prefer not to learn the answer to this question, learn what judges often cite as potential sparks for a judicial meltdown.

Download File - 7.2 MB
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Is Your Client Lying?

Author: ABA Section of Litigation
Fri, Aug 24, 2007


When confronted by a potential falsity from a client, a trial lawyer has responsibilities that are not always clear. However, there are a few general guidelines that lawyers should consider when faced with this difficult situation.

Download File - 9.8 MB
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Networking 101

Author: ABA Section of Litigation
Fri, Jul 27, 2007


At its core, networking is simply interacting and connecting with people. With a few key pieces of advice, it's easy to stay visible to your networking contacts, so they will think of you when they need representation.

Download File - 6.4 MB
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Should I Google the Jury? (Part 2 of 2)

Author: ABA Section of Litigation
Fri, Jul 12, 2007


The modern trial lawyer has tremendous access to technology and information, but knowing how to harness this can provide great advantage when trying a case and communicating with a jury. Boundaries may not always be clear, but the opportunity exists to blaze new trails to represent client interests.

Download File - 5.9 MB
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Should I Google the Jury? (Part 1 of 2)

Author: ABA Section of Litigation
Fri, Jun 29, 2007


Tackle some of the tricky ethical questions that arise from dealing with juries in an age when the Internet and other media give both lawyers and jurors access to much instant information about each other.

Download File - 4.7 MB
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Voir Diring for Dollars

Author: ABA Section of Litigation
Fri, Apr 27, 2007


Listen to an excerpt from David Berg's "The Trial Lawyer: What It Takes to Win" as David guides you through the finer points of voir dire, improving your chances of winning at each step of trial.

Download File - 14.2 MB
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Don't Blow Your Closing Argument

Author: ABA Section of Litigation
Fri, Apr 27, 2007


Your closing argument can help make or break your case. Your most important task is to strike a balance between an argument that is compelling and persuasive, but that is neither inflammatory nor prejudicial.

Download File - 8.4 MB
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Effective Witness Interviews

Author: ABA Section of Litigation
Wed, Apr 18, 2007


Every litigator will be called upon to conduct witness interviews. Learn how to assess the strengths and weaknesses of a case with these best practices for effective interviews.

Download File - 7.8 MB
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Ten Rules for Managing Electronically Stored Information

Author: ABA Section of Litigation
Fri, Mar 30, 2007


It's no surprise that electronic document production requires organization and coordination. Learn ten important rules for managing electronically stored information, from storage-media policy to dealing with third party vendors.

Download File - 4.3 MB
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Settle When the Time Is Right

Author: ABA Section of Litigation
Fri, Mar 16, 2007


Most civil lawsuits settle before ever going to trial. But how do you know when the time is right? This episode shares wisdom on recognizing opportunities for reaching the best resolution.

Download File - 4.7 MB
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In-House Counsel: Is the Grass Greener?

Author: ABA Section of Litigation
Fri, Mar 02, 2007


Ever wonder if the life of the in-house attorney is easier? While the tower may be glass, he or she is managing just as many, if not more matters than you are. And there's nothing cushy about that.

Download File - 5.4 MB
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How to Tell a Judge He Screwed Up

Author: ABA Section of Litigation
Fri, Feb 16, 2007


When opposing counsel makes a mistake, it can usually be turned to your advantage. But what if it's the judge who screwed up? Listen to frank advice about dealing with mistakes that must be pointed out.

Download File - 7.7 MB
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What They Didn't Tell You in Law School

Author: ABA Section of Litigation
Fri, Jan 05, 2007


Get raw and honest advice from Mark Herrmann, author of 'The Curmudgeon's Guide to Practicing Law.' The Curmudgeon knows everything about the legal profession, and he shares with us that the practice of law is not like the learning of law. In real life, the game is a free-for-all.

Download File - 18.1 MB
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Going Solo and the New E-Discovery Rules

Author: ABA Section of Litigation
Fri, Dec 07, 2006


For many lawyers, the lure of solo practice is undeniable. In part one of the podcast, we talk with Julie Hannaford, a family law practitioner who recently made the transition from a large firm to a solo practice. In part two, we take on the new federal rules with John Barkett's list of five e-discovery mistakes to avoid.

Download File - 6.9 MB
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Eight Tips for Better Voir Dire

Author: ABA Section of Litigation
Fri, Nov 17, 2006


Given the importance of voir dire, it is no surprise that many lawyers find it intimidating. It need not be, even if your budget does not allow you to bring in jury consultants. John Mathias shares eight ways to make the most of the jury selection process.

Download File - 9.5 MB
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Civility

Author: ABA Section of Litigation
Fri, Nov 03, 2006


Lawyers have long discussed - and decried - the decline of civility in the profession. Unfortunately, the aggressive behavior of some lawyers seems to lend support to the public's view that lawyers have little regard for decorum. In this episode, we examine civility, the public perception of lawyers, and what may be a better way to win.

Download File - 5.4 MB
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Electronic Discovery is Good for Young Lawyers

Author: ABA Section of Litigation
Fri, Oct 20, 2006


E-discovery is here to stay. Geoffrey A. Vance explains why that is good news for young lawyers.

Download File - 5.0 MB
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A Little Client Service Goes a Long Way

Author: ABA Section of Litigation
Fri, Oct 6, 2006


A client's impression of you and your firm rests not only on your legal acumen, but also on your attitude toward client service. In this episode, we present a few tips from Joseph Siprut on providing the sort of client service that leads to lasting professional relationships.

Download File - 4.1 MB
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How Can I Find a Job?

Author: ABA Section of Litigation
Fri, Sep 22, 2006


I'm a third year law student looking for a job. Problem is, I'm not in the top 50 percent of my class and I don't go to a top tier law school. Any ideas on how I can find employment?

Download File - 6.7 MB
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Quick and Dirty Research

Author: ABA Section of Litigation
Fri, Sep 08, 2006


What happens when you need an answer right away, and you can't bill for the research? No need to panic. Christina DeVries shares some techniques for finding the law in 30 minutes or less.

Download File - 7.0 MB
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Time Management

Author: ABA Section of Litigation
Fri, Aug 25, 2006


What, the day is over? How about the research you wanted to do? Or those phone calls you wanted to make? Or that letter that should have gone out? Sometimes it seems that being a lawyer means constantly playing catch-up. It doesn't have to be that way, though. A few changes can allow you to squeeze more time out of your day, whether you need it for work, for family, or for leisure.

Download File - 5.0 MB
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Managing Privilege

Author: ABA Section of Litigation
Tue, Aug 08, 2006


Your clients depend on you to safeguard their privileged communications, whether in or out of court. As many young lawyers will attest, however, applying what you learned in evidence class to real-world situations is not always easy.

Download File - 5.2 MB
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