Wednesday, March 16, 2011

The Practice Paper: For Solo & Small Firm Lawyers - March 16, 2011

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The Practice Paper Newsletter

March 16, 2011 FindLaw.com The Practice Paper Newsletter

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TOOLS OF THE TRADE:

SHOULD THERE BE A EXPERT WITNESS CODE OF ETHICS?
(FindLaw's Strategist) - You took ethics in law school, the MPRE and the bar exam. Attorneys who walk into court know (or at least should know) the ethical standards they are held too. But what about the expert witness walking next to them? Does he or she know? To help guide you in your journey through the jungle of ethical behavior for expert witnesses, FindLaw is helping to propose an Expert Witness Code of Ethics. Existing ethical rules are largely silent on the topic of expert witnesses. They address experts only in broad mandates that attorneys are not to tamper with the truthfulness of witnesses or pay fees to non-expert witnesses.

UPDATED: AN ATTORNEY'S CODE OF EXPERT ETHICS
(FindLaw Law Firm Business Center) - In two articles published here last year, we proposed an Attorney's Code of Expert Ethics and an Expert Witness Code of Ethics . We hoped our proposals would generate discussion among attorneys and experts alike. That they did, with a number of readers posting comments and sending e-mails offering both praise and criticism for the proposals. You talked, we listened. What follows is an updated version of our proposed code for attorneys.

JURY SELECTION IPAD APPS TAKE VOIR DIRE TO A NEW LEVEL
(FindLaw's Technologist) - 2010 was a big year for the iPad, and we found that it wasn't just for play. More and more attorneys are using the iPad at their office as well as in court. With the launch of the iPad 2 around the corner, we thought it would be an excellent time to briefly mention three iPad apps designed for jury selection, or voir dire. The apps are Jury Duty, iJuror, and Jury Tracker. All three allow you to access and save juror information in one place, making jury selection easier than ever.

HOW LATEST NEEDLES SOFTWARE CAN HELP YOUR LAW PRACTICE
(FindLaw's Strategist) - If you're looking to keep better track of things efficiently at your law firm, Needles Case Management System just came out with a new and improved version of its software. The recently released Needles 4.82 has some new surprises geared toward user accountability. Needles can now track who created an item and when an item has been created or modified in the following areas:

DEPARTMENT OF JUSTICE CONTINUES TO STREAMLINE DISCOVERY SUPPORT
(FindLaw Legal Technology Center) - The Executive Office for United States Attorneys for the Department of Justice recently awarded a contract to IE Discovery to continue operating the Litigation Technology Service Center (LTSC) in Columbia, South Carolina. The Center supports U.S. Attorneys' Offices (USAOs) in all 94 judicial districts in over 200 geographically dispersed sites within the continental United States, Alaska, Hawaii, Guam, Northern Mariana Islands, Puerto Rico and U.S. Virgin Islands.

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LAWYER LIFESTYLE:

U.S. FIRMS FLOCKING TO BRAZIL: DAVIS POLKS OPENS SAO PAULO OFFICE
(FindLaw's Greedy Associates) - All those billable hours have you thinking about a radical change of scenery? Você fala português? How about following some of the many U.S. Law firms heading to Sao Paulo, Brazil. Think about it, you'll be close to rain forests, tropical weather and exotic animals. What more could you ask for? Take Davis Polk, it recently announced it will open an office in Sao Paulo, Brazil once Brazilian authorities approve the move, according to Businesswire. The office will be led by two partners.

COURT SIDE:

DO FEDERAL COURTS FAVOR BIG BUSINESS, CORPORATIONS?
(FindLaw's In House) - It's a touchy subject, but one worth broaching: Do business interests carry too much sway over federal judges?

RAJARATNAM TRIAL: IN HOUSE COUNSEL LESSONS ABOUND
(FindLaw's In House) - Here is a lesson for in house counsel that you should already know: emails can be searched, and the things you say on the phone or in an email can really come back to bite you. For an example, we need only to look to the Rajaratnam trial in Manhattan.

SUPREME COURT EXPANDS PRISONER DNA TESTING RIGHTS
(FindLaw's Decided) - Prisoners seeking post-conviction DNA testing have a new avenue by which to pursue their rights. In Skinner v. Switzer, the Supreme Court concluded that a denial of access to prisoner DNA testing can be litigated under section 1983 as a civil rights claim. Plaintiff Hank Skinner, a Texas death row inmate, began to pursue DNA testing immediately after his conviction. The state repeatedly denied his requests, reports The New York Times, eventually stating that he did not meet procedural requirements under its 2001 post-conviction DNA law. He filed a section 1983 suit, alleging that these denials violated his due process rights.

SEX TORTS: CALIF. ATTORNEY LANDS $6.7M VERDICT FOR HERPES INFECTION
(FindLaw's Strategist) - Comfortable with sex? And the sex lives of your clients? Then litigating sex torts may be for you. Shaun Murphy, an attorney with the small firm of Slovak Baron & Empey in Palm Springs, California just won a $6.7-million jury verdict. His client had accused her ex-boyfriend of intentionally and negligently infecting her with herpes. This was Murphy's second sex tort case--an area of law that has proven to be financially rewarding. His first sex tort client was awarded $2.49 million after being infected by her husband.


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