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Duty to Preserve Evidence

Legal White Papers

These white papers from leading Legal experts provide great insight and research on timely relevant Legal topics.

An Attorney's Guide to Effective Brief Writing

May 1, 2013

Win or lose. That is the potential result of your brief. The judge may receive your brief and feel compelled to rule in your favor because of your clear application of the law, or he or she may decide that your argument lacks support and rules in favor of the other party. Oral arguments, courtroom etiquette and natural charm do not have as much influence as a well-structured and clear brief. Knowing how to effectively write your brief puts an enormous amount of power in your hands and will likely increase your success rate. This white paper provides an outline that you can use to write an effective brief every time.

Providing Legal Services Over the Internet

February 1, 2013

Today, many law firms are turning to the Internet to provide legal advice, resources, education and even services. This saves attorneys time, and it provides clients with a quick yet efficient way to have their needs met. Laws are always changing, and technology is rapidly evolving. It makes sense to merge the two worlds to provide better services and streamline daily operations. Download this white paper to discover the benefits of extending your brand online by providing legal services through the internet.

Online Legal Services and Virtual Lawyering: What is it, Why is it Important and What Do You Do Now?

December 18, 2012

This paper is addressed to solo practitioners and partners in small law firms that serve consumers and small business and who are exploring strategic alternatives for increasing revenues and profits in an increasingly competitive market environment. However, the concepts apply to medium and larger law firms as well. A hopeful result of reading this White Paper is that lawyers will be better positioned to lead their firms through the deeper issues involved with deploying a service delivery strategy that captures emerging client markets online.

Guidelines for Drafting Engagement Letters

November 1, 2012

As an attorney, it's important to do everything you can to keep malpractice claims at bay. One very effective way to do so is by drafting a well-written engagement letter. According to the American Bar Association Standing Committee on Lawyers' Professional Liability, approximately 17 percent of all malpractice claims arise due to poor relationships between clients and their attorneys. Poor communication is to blame for approximately 75 percent of all grievances that are filed by clients against their attorneys. With these points in mind, it's critical to establish clear ground rules right from the start. The best way to do that is with a carefully drafted engagement letter. In this white paper, you will find 12 key guidelines for drafting engagement letters.

The Essentials of Good Contract Drafting

August 2, 2012

Everyone has heard anecdotes, or perhaps horror stories, about the fine print of legal contracts. Contracts are agreements, and the most basic legal requirement is that two parties must agree to the premise of the contract. For this reason, the most ethical contracts are simple ones. Download this white paper to learn the basic principles behind a good contract.

Successful Cross Examination Techniques

May 16, 2012

Download this white paper and learn techniques for successful cross examination. While it is true that there are lawyers who seem to have an innate gift for cross examining witnesses, being good at it does not require being equipped at birth with the ability to elicit information. What it does require is being a good listener, being prepared beforehand and keeping an eye out for any cracks in the testimony.

Using Social Media as a Litigation Tool

February 14, 2012

Social media is not always admissible in court, even when the attorney in question feels that it has a bearing on the case. The rules of evidence in civil litigation are applied the same way to social media as they would to any other piece of evidence. Also, any relevant material is usable, even when the offending post has been hidden behind privacy settings. The use of online posts is still in a nascent stage, but until people learn to stop putting up sensitive information for others to see, social media is going play a role in litigation for the foreseeable future.

Federal Rule of Evidence 502

June 2, 2011

On September 19, 2008, Congress enacted Federal Rule of Evidence 502, which was intended to resolve issues regarding waiver of the attorney-client privilege and work-product doctrine when disclosure is inadvertent and/or involuntary. This white paper describes the scope of the Rule.

Using Video As Evidence In Trial And Mediation

May 5, 2011

In contemporary society, video images are an integral part of our daily routine. The power of video is evidenced every time we turn on the news and view a story regarding an accident, a natural disaster at home or in a distant country, or refreshingly, the more heartwarming story. Video instantly demonstrates in a few frames what otherwise would take several paragraphs of written text or minutes of spoken language to describe. Download this white paper to see the purposes of professionally produced video, the various video formats and their appropriate uses, and an overview of the applicable law and considerations when retaining a videographer.

Internet Resources In Examination and Underwriting

March 3, 2011

A program about using the Internet for title insurance applications could easily be a full day affair. The resources available are limited only by our imaginations. In this white paper, John M. Biesiada shares the types of internet resources he has found useful in his function as a real estate professional. He also lists a number of helpful web sites for your reference.

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