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12 Prac. Litig. 3 (2001)

handle is hein.ali/practlit0012 and id is 1 raw text is: THEPRACTICAL LITIGATOR JANUARY 2001 VOLUME 12/NUMBER 1 Published by The American Law Institute-American Bar Association Committee on Continuing Professional Education six times a year A Preliminary Analysis of the 2000 Amendments to the Federal Rules of Civil Procedure and Evidence Gregory P Joseph 7 Ever since the last set of significant amendments to the Federal Rules of Civil Procedure and Evidence, respectively, practitioners have struggled to adapt to procedural and evidentiary rules that have some- times proved inconsistent and occasionally lead to anomalous results in practice. The 2000 amendments address a number of the problems, leave some ques- tions unanswered, and will undoubtedly change the way litigation proceeds in the federal courts. In this article, Gregory P. Joseph conducts a preliminary examination of the amendments and describes some of the likely practice implications. The Trouble with Experts Eliot G. Disner 27 Just what is it about experts, anyway? You need them to win some cases, but they pose the biggest risk of losing those cases for you. Even the good ones can be poor courtroom performers, have some unwanted baggage left over from other cases, or a level of zeal that plays right into the hands of opposing counsel. In this article, Eliot G. Disner provides some point- ers on how to select a good expert, prevent unwant- ed disclosures, keep your expert focused and on track, and effectively cross-examine the opponent's. The Ethical Imperatives of Online Legal Research Kerry L. Adams 41 At this late date, most litigators realize that there is an ethical imperative to using online resources to conduct legal research. But there is more: Resources are now available that make it possible for you to update your research almost to the minute of oral argument. There are no longer any reasons for not having the most recent precedents and develop- ments at your fingertips. In this article, Kerry L. Adams describes how to make the best of the current online options. Twenty-Five Common Mistakes Attorneys Make in Voir Dire Melissa Pigott, Ph.D. 51 Voir dire can and should be a litigator's best oppor- tunity to pick a panel of jurors who will have a favor- able view of the client, the attorney, and the theory of the case. But in a surprising number of instances, lawyers make easily avoidable mistakes that turn this opportunity into a fiasco. In this article, Melissa Pigott, Ph.D., pinpoints the 25 most common mis- takes that attorneys make in conducting voir dire, and explains why some of the most common prac- tices are the most destructive. Court-Appointed Experts Geoffrey M. Howard and Elizabeth A. Ybarra 55 Federal Rule of Evidence 706 provides a procedure for the appointment of experts by the federal courts. Although the use of experts in litigation has explod- ed over the years, court appointment of experts is still a relatively rare phenomenon. Although there are some legitimate reasons for the resistance of many litigators to the idea of using a court-appoint- ed expert, there can be some significant advantages. In this article, Geoffrey M. Howard and Elizabeth A. Ybarra explain how the process works, why there has been resistance to it, and how it can be just the thing to break the battle-of-experts stalemate. The Litigator's Toolbox ALI-ABA CLE Calendar 5 Programs, Publications, 6 and Playbacks

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