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ADR and Other Options: Advising Your Clients
It never fails to amaze me. Educated professionals, usually of the legal variety, begin discussing the state of our civil justice system. A discussion of the adversarial system ensues. Debating what is wrong with it, or perhaps, (thanks to those 'half-full glass' types) ways in which it could be improved, is usually an animated segment of the discussion. Invariably, when I am in the room ' and I would guess most other times too ' the discussion turns to 'What else is there, what's better?'
The question of just what other options are available becomes most pertinent. Alternative dispute resolution (ADR) is mentioned, and generally there is at least a flicker of recognition, not always flattering, but often we do not have a clear idea or very much knowledge about what is available and how it works.
Now, you may ask, what is it exactly that's amazing me here? Well, it seems not only amazing, but actually somewhat mystifying that we educated legal professionals don't make it a point to have a much better grasp on what all our options are when faced with a dispute or a problem that needs to be resolved. Actually, it seems even more mystifying to me that we don't understand that it's not only our job to know but our responsibility, as well. This is the business we are in. I am a firm believer that attorneys have both a professional responsibility and an ethical duty to fully inform clients as to what dispute resolution options are available to them. This discussion and diagnostic analysis should take place up front, in most instances, before a lawsuit is filed, and it should include guidance in determining what makes the most sense given these parties and this dispute. Doing this allows us to fulfill our role as counselor at law. It also makes us more competent lawyers.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.