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Ducking the artful dodger: ethics problems within the law firm require special care

Article Abstract:

An anecodote about an aggressive lawyer is used to illustrate the ethical pitfalls inherent in many law firm situations. Attorneys must resist constant pressure from clients and partners to take unethical actions. In the The attorney in question tricks an associate into covering up a mistake and subsequently tries to make the associate misstate facts in a case brief. However, the associate stands by his principles and ultimately prevails over the senior attorney.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
Human resource management, Law firms, Legal ethics

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Litigating in theory: a strong plan builds a good foundation for winning the case

Article Abstract:

A solid case is founded on a strong case theory which is both legally sufficient and enables the attorneys to present their best evidence while making their opponents' evidence inadmissible. The theory should ring true and go beyond the minimum necessary to ensure the best chance at success. Cases can be undermined if the legal theory is insubstantial or involves too many possible defenses because then it looks as if truth is not a factor.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Methods

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The case won't settle; things are different when you know you're going to trial

Article Abstract:

Attorneys who know they will have to take a case to trial should remember to form their trial narrative into a story using pictures since people learn and remember things best that way. They should also keep the story line as short and simple as possible. Attorneys should be able to condense their narrative into a 30-second statement. People, including juries, believe what they can see.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
Attorneys, Lawyers

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Subjects list: United States, Management, Legal services, Trial practice
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