Part Two of a Two-Part Article: The McDowell case discussed in the first part of this article presented the question of "whether it is so if an expert says it is so." See Viterbo v. Dow Chem. Co., 826 F.2d 420, 421 (5th Cir. 1987). Daubert and its progeny answered in the negative and established that an expert may not present a bare causation conclusion to the jury when that expert has no scientific basis for that conclusion or for any of the predicate inferences leading up to it. The McDowell claim failed because a physician's personal clinical experience, sometimes called anecdotal experience, is simply not a proper scientific basis for causation opinion testimony.
- July 29, 2005Victoria M. Davis and Brian R. Stimson
1. Understand that building a client base is a key factor in determining your success as an attorney. The hard fact is (although it was not taught us in…
July 28, 2005Chuck PolinIf there is one thing that everyone in your law firm marketing department can agree upon, it is the importance of cultivating and maintaining relationships with editors and reporters. Your team has likely recognized this basic point for years, as have the marketing departments of your competitors. It is just as probable, though, that one (or both) of you have seen these efforts stagnate, as happens all too regularly. You lose track of the fundamentals. In what manner, then, can your firm begin to refresh its efforts, and keep ahead of the Jones, Jones & Jones LLP's? What creative methods can you implement that will make a reporter think of your firm and your attorneys first?
July 28, 2005David BergerProfessional services practitioners ' be they lawyers, doctors, accountants, financial planners, or even insurance agents ' all have one thing in common: They need clients in order to provide their services.
But how much time studying about building a career? Attracting clients to the firm? Establishing relationships? Exactly; not much! Nonetheless, recognizing that you need training and getting good training are not necessarily one in the sameJuly 28, 2005Michele LandoThe foundation of marketing is branding. Although branding drives most attorneys crazy because brands resist logical definitions, your firm's brand is an essential element of marketing legal services. In essence, brands are an array of impressions and beliefs that surround your firm, and create expectations about the kind of attorneys the firm has and the work it performs. Since brands create an emotional connection between attorneys and their clients, your brand can be considered your firm's personality.
July 28, 2005Peter DarlingIn the past, when lawyers at Duane Morris L.L.P. decided that they wanted to hold an executive briefing for clients, they would ask their colleagues to provide the names and addresses of the people they thought should be invited to the event. The process took weeks and was often incomplete. Now, though, the firm has streamlined the process through its use of "client relationship management" (CRM) software.
July 28, 2005Steven A. MeyerowitzEach calendar year, attorneys with private law firms are charged with the unique challenge of creating and realizing a target number of billable hours. In a quieter moment, perhaps late at night, we ask ourselves: "Where will this work come from?"
Searching for, qualifying, and closing new or additional business is as important to building a successful practice as your numbers this year for annual hours worked, billed and realized. So, how do we do that?July 28, 2005John Klymshyn and Mark GillettI don't have time to network." "There's no way I can spend time at all the events people tell me I should go to." Does this ring true for you? If so, consider this: Networking doesn't just happen when you take time out of your busy schedule to appear at an official "networking" event. In fact, networking can happen anytime, anywhere. Every minute you're around other human beings is a chance to network. Self-made billionaires are known for their tendency to network everywhere and all the time ' on the golf course, but also at the doctor's office, at the health club, or on a plane.
July 28, 2005Olivia Fox CabaneFor years one of the major distinctions separating Westlaw from LexisNexis was West's headnote integration. Well, this gap in the capabilities of the two major legal research providers has apparently been closed with Lexis' recent announcement that its Shepard's Reports citation tool is now completely integrated with LexisNexis Headnotes. This integration of LexisNexis Headnotes into Shepard's will permit faster and more effective validations as well as "looping" Shepard's into the research process via Headnotes.
July 28, 2005Adam SchlagmanOver the years, case management software has become more and more refined. However, there are still several programs that don't take into consideration the fact that most attorneys need a program that is more adept at their particular area of practice.
I practice in the area of family law, and needless to say, most of the case-management programs floating around don't account for the language and the rules involved in my practice area. That is to say, not until now.July 28, 2005Alan Pearlman

