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3 Litig. Docket 1 (1997-1998)

handle is hein.journals/litigadoc3 and id is 1 raw text is: A PUBLICATION OF THE SECTION OF LITIGATION 9 AMERICAN BAR ASSOCIATION * FALL 1997 e VOLUME 3 NUMBER 1 A blueprint for the year to come ere you are, a hard-working ( iT l. lawyer who happens to be a .1 member of the ABA's Sec- :Mi tion of Litigation. Some- times you may wonder what the Section has done for you lately. Well, the new Section chair, Greg Joseph of New York City, most definitely has a direct answer to that question, lie has a blueprint for the coming year that is aimed squarely at helping individual litigators. The flagship is going to he the ciil trial practice standards, which are analogous to the criminal justice standards that were adopted 25 years ago and have been contin- uously cited by the courts. Joseph gets absolutely animated discussing this priori- ty. They're out for public comment; a num- ber ofjudges have said they've started adopting them already. We eXnect to have them in the ABA House of Delegates in Feb- ruary at the Midyear Meeting. Look on the Section's Web site under hot topics to see the standards: http./www.abanet .org/litigation/home.litnil. Other issues that Joseph will be pressing that affect trial Hwyers in their day-to-day practice. are an attempt at getting the ABA in general to adopt the Section's Code of Civility is well as discovery reform. We are intimately involved with that at the advisory committee level, he says. But the new chair understands that the largest section in the AB3A has responsibili- ties to tlhe larger legal community: The most imlortant thing that we're dealing with as a practical matter are the attacks on the fed- eraljudiciary. We intend to respond because judges can't respond for themselves. It's rather incongruous that judges who are attacked for not following the original intent of the Constitution are then subjected to threats of imleachment for bad decisions and removal of lifetime tenure, both of which are incompatible with the Constitu- tion. The Declaration cites limited tenure as a ground for revolution. There's no question that Joseph is pas- sionate about the issue: We have a crisis there right now. We aren't getting judges confirmed. There's been no cost-of-ling increase in compensation for seven years. Speaking of Capitol Hill, the new chair is keeping an eye on other federal legislation: The Independent Counsel Act is being sun- setted. Congress is going to be looking at this issue next spring and we will be there with a proposal. But if a Section member were to remind Joseph of certain controversial positions tlhe broader A1BA has taken in the last few years, lie or she would have his full atten- tion. What the Litigation Section can do is focus the AB3A on issues that are law-relat- ed. We now have issues that go to Capitol Hill as ABA policy on which lawyers have no sp:!cial expertise. The Section, -Joseph emphasizes, is focusing on litigation, on the courtroom. 'Thiings that lawyers not only clearly should be heard on, but are the only people that should be heard. Nobody else has the expertise. I don't think we're going to be up there on the Hill on issues that deal with international pol- itics. The most important thing we can do as a Section is to be directed and focused on Iho:se things where we do have something to otfer. - Ray DeLong Make law, not war ._I -_. . You may even have time for some sightseeing when you help out CEELI. These great (locks are in Prague, in the Czech Republic. I lere's a scenario. You're an American la%yer, off on an exotic trip to llussia to show them a thing or two about how to do law. You're meeting in it quiet room when you hear gun- fire. Not just any gunfire - tanks; shooting on the parliament buildig. Cool, ell? OK, we can't promnise this sort of excitement ol every trip to Elstern Europe, but at least we can gel you out oft le office for awhile. Ilhw? It's called the Central and East European Law Initiative, or CEELI. The See- tion's liaison to this AB3A group is I)an Mar- golis, Washil_ ol. lie' was the mian in Moscow wheu le tanks openeul fire. l says the CEIIA powers that be decided to end Ihe consultat ion ita lad early and send the Aumerican lawers honie. CE'EII has its doors open fir iore voln- teers. What's tile general approach? You go abroad, often fort a year, and [tell) ai ministry ill a developiug coUntlmy that has uext-to-uio experience with how a legal sys lni sI uild work. You're ani adviser who has lhe air fare paid atd prohably live iuan aliarmieunt wit h a stiietd; it's tot a unioiy-uakhig pioposit ion. A lot of the ieople wh go fo ai yea atre youg people,' Margolis says, associates, who decide to take a sabbatical. AtI Ihe othr end of lhe slli'ct riuI, soumie ofthe seliior lawy'rs go. A year is quitei a comumi itiet, lhough tihey do have proJcts for a hit li'S4 thaui a year - a A4 couple weeks in some cases. So what kind of lawyer is CEELI looking for? A glance at soii of the position announcements gives an idea. As you know, sole of the count ries inl question have a hit of a prolblei with organized crime. A lot oftlbe people in the Section have backgroumds as prosecutors and (o criminal law, Margolis says. lie adds that in spite of his experience in Moscow, normally there is no real danger to any of tlhese postings. CEEIA people are tint unorially involved with those who get shot or get t heir knees broken. Comforting words! The Sec ion has areas of specially, rang- ing from ant itrust to zoning, lit says. Any of the people who ideltify Iheuiselves is spe- cialists would hei ideal, i' adihition to their litigation biackgriunds. lIe adds that clili- Inertial law is a large area for CEEI. -'Front personal experience, Margolis ctoiu- chides, I think it's aiu unrivaled oplortunity to help somebody develop a new legal systeil. It's like writing on a ilank pice of lpaper. The sys eis I hat vere ili place i I h-se coutrl ies were uoi comiort ing to liiisiiess people. The legal syi)'(tel was il ia shabillles. Part iipaiug in that is it vely fulfillihg aid rewarding expe- rience. It for-es you hack to think of lie fun- daientals as you go through it, To get information, call CEEI il l).C. at 202/fi12-175,1. I l Docket gold Hlumility is not exactly a distinguishing characteristic of lawyers., or of Litigation Docket. The Society of National Asoeiation Publi- cations' (SNAP) 1097 EXCEL Awards compe- tition bestowed on Litigation Docket its Gold Award in the newspaper, general excel- lence category. The top prize recognized Litigation Docket for best writing, content, graphic design and overall packaging. In another competition, the tye-year-old publication won an APEX'107 award for pub. lication design excellence, That contest is sponsored by Communications Concepts. Litigation Docket is one of the Section of Litigation's three flagship publications. The others areLitigaion, a quarterly mag~azine, and Litigation News, a bimonthly newsletter. - Michael R Hyman

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