Daily Litigation

Expert Analysis

• Burnout Prevention Requires Effort From Attys And Firms

  To avoid physical and emotional exhaustion, attorneys must respect their own and their colleagues' personal and professional boundaries, but law firms must also play a role in discouraging burnout culture — especially if they are struggling with attorney retention, say attorneys at Lowenstein Sandler.

• How I Owned My Power As An Asian American Woman In Law

  Gibson Dunn's Debra Yang shares the bumps in her journey to becoming the first female Asian American U.S. attorney, a state judge and a senior partner in BigLaw, and how other women can face their self-doubts and blaze their own trails to success amid systemic obstacles.

• Successful In-House Alt Legal Services Start With 4 Questions

  Law firms that are considering creating an in-house alternative legal service provider should focus not on recapturing revenue otherwise lost to outside vendors, but instead consider how a captive ALSP will better fulfill the needs of their clients and partners, say Beatrice Seravello and Brad Blickstein at Baretz & Brunelle.

• 3 Reasons To Embrace Jargon In Legal Marketing Content

  Ignore what you've been told about jargon — adding insider industry terms to your firm's marketing and business development content can persuade potential clients that you have the specialized knowledge they can trust, says Wayne Pollock at Law Firm Editorial Service.

• Future Lawyers Expect DEI Commitments Beyond Recruiting

  To attract future lawyers from diverse backgrounds, firms must think beyond recruiting efforts, because law students are looking for diversity, equity and inclusion initiatives that invest in employee professional development and engage with students year-round, says Lauren Jackson at Howard University School of Law.

• Series

  Ask A Mentor: How Can Law Students Build Real-World Skills?

  Allison Coffin at Akin Gump discusses how summer associates going back to school can continue to develop real-world lawyering skills by leveraging the numerous law school resources that support professional development both inside and outside the classroom.

• How Firm Leaders Can Build And Sustain Culture

  In uncertain and challenging times, law firm leaders can build and sustain culture by focusing attention on mission, values and leadership development, and applying a growth mindset across their firms, says Scott Westfahl at Harvard Law.

• The Case That Showed Me The Value Of E-Discovery Plans

  Robert Keeling at Sidley reflects on leading discovery in the litigation that followed the historic $85 billion AT&T-Time Warner merger and how the case highlighted the importance of having a strategic e-discovery plan in place.

• What Litigators Can Expect From The Metaverse

  As virtual reality continues to develop, litigators should consider how it will affect various aspects of law practice — from marketing and training to the courtroom itself — as well as the potential need for legal reforms to ensure metaverse-generated data is preserved and available for discovery, says Ron Carey at Esquire Deposition Solutions.

• Opinion

  CLE Accreditation Should Be Tied To Learning Outcomes

  Given the substantial time and money lawyers put toward mandatory continuing legal education, CLE regulators and providers should be held to accreditation standards that assess learning outcomes, similar to those imposed on law schools and continuing medical education providers, says Rima Sirota at Georgetown Law.

• Persuading The Court With Visual Aids In Written Argument

  Robert Dubose at Alexander Dubose describes several categories of visuals attorneys can use to make written arguments easier to understand or more persuasive, and provides tips for lawyers unused to working with anything but text.

• BigLaw Vs. Mid-Law Summer Programs: The Pros And Cons

  There are major differences between BigLaw and Mid-Law summer associate programs, and each approach can learn something from the other in terms of structure and scheduling, the on-the-job learning opportunities provided, and the social experiences offered, says Anna Tison at Brooks Pierce.

• Series

  Ask A Mentor: How Do I Take Time Off?

  David Kouba at Arnold & Porter discusses how attorneys can prioritize mental health leave and vacation despite work-related barriers to taking time off.

• Law Firms Must Prioritize Mental Health In Internal Comms

  The traditional structure of law firms, with their compartmentalization into silos, is an inherent challenge to mental wellness, so partners and senior lawyers should take steps to construct and disseminate internal action plans and encourage open dialogue, says Elizabeth Ortega at ECO Strategic Communications.

• Our Current Approach To Trial Advocacy Training Is Lacking

  The key to trial advocacy is persuasion, but current training programs focus almost entirely on technique, making it imperative that lawyers are taught to be effective storytellers and to connect with their audiences, says Chris Arledge at Ellis George.