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The Progressive Lawyer: Telling Your Client's Story at Trial
We are practicing at a time when relatively few matrimonial cases are tried to verdict. Although most cases settle, the vast majority of them do so within the context of a litigated dispute. Since the possibility of trial is always present in this context, coupled with the possibility of settlement, a binocular perspective that entertains and plans for both possibilities simultaneously is by far the best approach, regardless of how the case is resolved.
Every one of our jurisdictions operates under statutory and case laws, which require factual elements to be proved in order to prevail. None of our multi-factor statutes, however, provide specific guidance concerning relative weight, priority and application of their familiar elements. Much is left to the trier of fact and law. Some jurisdictions include juries in the fact-finding process; most do not. The number of jurisdictions that have abandoned, or substantially eroded the concept of marital fault, has increased, but some convene jury trials on issues of marital fault and even moral turpitude.
All matrimonial practitioners share common experiences, regardless of where we practice. We all negotiate. We all advocate. When we negotiate effectively, we teach, and when we teach effectively, we clearly and persuasively explain.
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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.