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We've all heard horror stories about e-mails that have become trial exhibits - blown up on giant placards or projected on a large screen in front of a jury. The earnest words your client typed in private suddenly take on unforeseen importance when, months or years later, a dispute develops and a trial is held. Like a major league pitcher who releases a hanging curveball to the reigning home-run champ, your client would probably like to "take back" an e-mail that bashes a client, admits incompetence or pitches pent-up emotions in a cathartic rage. <BR>We need not, however, simply succumb to the temptation of e-mail. e-Mail mistakes can be avoided. Clients just need to be educated on how to prevent e-mail mistakes. Although common sense can't be taught, several specific types of e-mailing behavior should be avoided. E-mailers commit what we'll call here the Seven Deadly Sins of e-Mail. While it's unlikely we'll all steer completely clear of these sins, all e-mailers should make every effort to avoid committing the Seven Deadly Sins.
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Ultimately, the success or failure of an e-commerce Web site is determined by how carefully its owners select a hosting provider. <BR>With thousands of hosting firms from which to choose, hosting-services consumers often learn the hard way that they should have been wary - by experiencing poor service and performance, unforeseen costs and, the ultimate risk, failure or unadvertised acquisition of their hosting provider.
The legal industry is known as one resistant to change. For instance, many legal professionals still consider Word Perfect 5.1 as the word processing "Mecca." The same can be said of receiving transcripts electronically; the standard for transcripts in many lawyers' minds is ASCII. The use of this antiquated format for transcript distribution led to the innovation of technology to better control how transcripts are viewed. Now, greater benefits are available to both the transcript author and the customers who use this technology for transcript dissemination and viewing. Just as DOS was replaced with Windows, improved electronic transcript technology has supplanted the use of ASCII transcripts.
Despite the time, energy, and money that some large and small law offices funnel into products to maintain network security, their computer network's biggest threat is frequently from the uninformed computer users on the inside. A security program is only as strong as its weakest link, and that is where the human element comes into play.
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After all the sophisticated analysis and strategies are stripped away, the key to a successful law practice often comes down to getting the fundamentals right. Just as the success of a baseball team ultimately depends on the proper execution of "throw, catch and hit," so too law firms have to facilitate the execution of those processes which are fundamental to the firm's business. The time-tracking process is the one law firm fundamental that has proven to be the most resistant to improvement. Yet, this tradition-bound process can most benefit from a fresh all-inclusive approach.
For a new firm having limited experience with the inner workings of time and billing systems, the inclination would be to find a system offering the most features for the least amount of money. In fact, that's the route our consultant suggested we take. But what we really wanted was a system that supported our most critical business needs: accurate and timely billing with single-click review of fees and hours billed and realized.
Highlights of the latest Product Liability cases from around the country.
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LexisNexis has a new service it calls "CourtLink" <i>(www.Courtlink.com)</i>. In <i>"Avoiding Ambush: Tips for the Successful Preparation and Presentation of Witnesses,"</i> August 2003 Product Liability Law & Strategy,author Kimberly D. Baker, Esq. suggested using Courtlink to ambush key adverse witnesses by "finding the dirt" on them through searching for divorce proceedings, custody issues, probate proceedings, property disputes, other business disputes and criminal matters such as driving under the influence of alcohol or acts of violence.
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In many kinds of litigation, document production is a dirty term. Even when done carefully, responsibly, and well by both sides, the process of producing documents (and, for the other side, the process of dealing with documents that have been produced) is tedious, thankless, and consumes a remarkable amount of resources. Things become much worse when the parties clash over what should be produced and how, and worse still when the party receiving the documents is more interested in using the discovery process to inflict pain or to generate a record for sanctions motion practice than he is in getting documents to help him prepare his case.
Product liability trials are difficult for juries. They are long. They involve highly technical subjects, the testimony of conflicting "experts," and what may or may not be scientific evidence. Jurors may be asked to consider and decide the feasibility of two or more alternative designs for a product with which they are unfamiliar.