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20 Prac. Litig. 3 (2009)

handle is hein.ali/practlit0020 and id is 1 raw text is: The Practical Litigator volume 20 I number 1 1 january 2009 Techniques And Potential Conflicts In The Handling Of Depositions (Part 2) (With Forms) Victoria E. Brieant 9 There is no doubting the power of the deposition in pretrial preparation, but a deposition can't help your case if you can't take it. This potential problem is likely to be lurking in the shadows when the case involves litigants subject to non-U.S. laws, and with the spread of international business, the more likely it is that a growing number of litigators might encounter it. To address the issue, this article by Victoria E. Brieant discusses foreign deponents and the Hague Convention, the letter of request, specific rules for Germany, Japan, and the United Kingdom, and provides forms including a Sample Application for Letter of Request Issuance, a Sample Letter of Request, and a Sample Court Order of Commission. The Courtroom Of The Twenty-First Century John M. Barkett 21 The courtroom of the Twenty-First Century is only partially about technology. On a much more significant level it will be about the dispute resolution process, and the burgeoning use of ADR techniques as a favored way to address disputes. In this article, John M. Barkett discusses how to identify cases for which ADR is a good choice (and identifying those for which it is a bad choice), process issues surrounding mediation, facilitated mediation, and arbitration, determining which set of ethical rules to apply, and litigation risk evaluation. Crafting Jury Instructions To Win Trials And Appeals Kevin M. Fong and John M. Grenfell 39 It may sometimes seem to be a mystery what jurors go through during deliberations, but it doesn't have to be. Jurors want to decide cases fairly and appropriately under the law, and one of the best things that a litigator can to help them to do that is to provide clear, relevant, and correct jury instructions. This article by Kevin M. Fong and John M. Grenfell discusses the steps involved in crafting effective jury instructions, including identifying the most important issues, thinking about the instructions as soon as the pleadings are settled, identifying issues for instruction when dealing with dispositive motions. listing tooics for instruction that reflect the theory of the case and planned presentation, drafting instructions for simplicity and clarity, and preparing alternative instructions on the most contentious topics. Promoting E-Legal Behavior: Litigation And Counseling Lasagne A. Wilhite 45 E-contracts and e-signatures are fairly recent developments, and they are finding greater acceptance in business. The law regarding them, however, remains unclear, and typically takes one of three directions: applying the standard legal rules and regulations to electronic transactions; adapting existing standard legal rules to idiosyncrasies in electronic transactions; or adopting new rules of law designed specifically for electronic transactions. In this article, Lasagne A. Wilhite discusses the steps involved in litigating e-contracts and e-signatures and offers pointers on what attorneys can do to advise their clients in the safe and effective use of e-contracts and e-signatures. Admissibility OfMe Too Evidence In The Post-Mendelsohn Era Angelina LaPenotiere and Marcus D. Brown 57 Can a party in a discrimination lawsuit offer the testimony of non-plaintiff employees claiming that they, too, were victims of discrimination (me tooevidence)? As simple as the question may seem, it doesn't have a per se rulefor an answer. Instead, the answer can only be determined by a thorough analysis under Federal Rules of Evidence 401 and 403. That is just one lesson of the Mendelsohn case. This article by Angelina LaPenotiere and Marcus D. Brown discusses the other lessons, including the importance of a fact-intensive, context-specific inquiry addressing how closely related the evidence is to the plaintiff's circumstances and the theory of the case, the need for discovery to establish a connection between theme too evidence and the theory of the case, the use of not meevidence by defendants (admission of individuals contending they did not suffer discrimination and were not subjected to discrimination), and the absence of a same supervisor rule in use of the evidence. The Law of the Litiaator To purchase the online version of this issue, go to www.ali-aba.org and click on Publications Back issues, individual articles, and forms are also available there.

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