Can you prepare estate planning documents for a client if you are not convinced that the client has testamentary capacity? Do you have a duty to later advocate for the validity of the documents? This issue is subject to some debate. The American...
ALI CLE Articles
WHAT LLC LAWYERS SHOULD KNOW ABOUT FORMS —TEN QUESTIONS AND ANSWERS
State-by-state statistical analyses suggest that there are presently at least 12 million US LLCs in good standing. It is reasonable to assume that at least 500,000 additional US LLCs will be formed by the end of 2022 and in every year thereafter....
ENFORCEMENT OF JUDGMENTS (WITH FORMS)
You are retained by a client to collect a debt. You first send a demand letter. It is ignored. You then commence a lawsuit. Whether the lawsuit is contested or ignored, you finally end up on that happy day of having entered a judgment against the...
TWELVE DEPOSITION PRINCIPLES, MECHANICS, STRATEGIES, AND PRACTICES
This article addresses 12 basic deposition principles, mechanics, strategies, and practices, including who may be deposed, when, where, and how to get them there, limitations on the number and duration of depositions, the relationship between...
Podcasts Featuring ALI CLE Faculty Members
At the beginning of each calendar year, ALI CLE annually presents its premier course, Eminent Domain and Land Valuation Litigation. In January 2022, the conference was held over two and one-half days in Scottsdale, AZ, hosting hundreds of...
PACE YOURSELF: DEVELOP A PAY-AS-YOU-GO APPROACH TO WORK
It might be de rigueur in the legal profession, but overwork is not pretty. It can even be deadly. In Japan, “karoshi,” or death from overwork, claims anywhere from 200 to 10,000 workers annually. The problem is not unique to Japan. In the first...
Five Steps To Protect Your Trade Secrets Without A Non-Compete
How do you protect your trade secrets? If the answer is by imposing non-compete clauses on your workforce, there’s bad news: As trends in trade secrets go, non-competes are on their way out. Relying on non-compete clauses in contracts has...
The Art of Witness Impeachment
I often have occasion to recount wisdom-laden legal anecdotes for the edification of newer lawyers. These lawyers listen with rapt attention, even while glancing at their phones. Ahead, preserved for posterity, is one of those anecdotes. It...
Stressless Ways To Address Stress
If you ever have the desire to see a perfectly executed eye-roll, or just have a glance at an eloquently blank stare, here’s what to do: Ask another attorney if they’ve been stressed out lately. Pushing the point can escalate the matter from...