Daily Litigation

Expert Analysis

• Legal Briefs Can Benefit From Cleaned Up Case Citations

  Federal courts have recently been changing the way they quote decisions to omit insignificant details and string cites, and lawyers should consider adopting this practice to enhance the readability of their briefs — as long as accuracy stays top of mind, says Diana Simon at the University of Arizona James E. Rogers College of Law.

• 5 Best Practices For Firms Designing DEI Programs

  Nikki Lewis Simon, chief diversity, equity and inclusion officer at Greenberg Traurig, discusses best practices — and some pitfalls to avoid — for law firms looking to build programs aimed at driving inclusion in the workplace.

• Former Minn. Chief Justice Instructs On Writing Better Briefs

  Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

• Ask A Mentor: How Do I Juggle Billables And Other Activities?

  While involvement in internal firm initiatives can be rewarding both personally and professionally, associates' billable time requirements don’t leave much room for other work, meaning they must develop strategies to ensure they’re meeting all of their commitments while remaining balanced, says Melanie Webber at Fisher Phillips.

• Making Legal Cents: How To Adapt As Clients Tighten Budgets

  Amid a dip in corporate legal spending and client pushback on bills, Shireen Hilal at Maior Consultants highlights specific in-house counsel frustrations and explains how firms can provide customized legal advice with costs that are supported by undeniable value.

• Spartan Arbitration Tactics Against Well-Funded Opponents

  Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

• General Counsel And Legal Ops Must Work Together

  It is critical for general counsel to ensure that a legal operations leader is viewed not only as a peer, but as a strategic leader for the organization, and there are several actionable ways general counsel can not only become more involved, but help champion legal operations teams and set them up for success, says Mary O'Carroll at Ironclad.

• How Generative AI's Growing Memory Affects Lawyers

  A new ChatGPT feature that can remember user information across different conversations has broad implications for attorneys, whose most pressing questions for the AI tool are usually based on specific, and large, datasets, says legal tech adviser Eric Wall.

• A Model For Optimal Legal Tech Investment Strategy

  Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.

• Series

  My Nonpracticing Law Job: Recruiter

  Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.

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  Ask A Mentor: How Do I Balance Social Activism With My Job?

  Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.

• Personality Tests And Machine Learning Applications In Law

  Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.

• AI Is Reshaping Lawyering: What To Expect In 2024

  The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.

• Embrace Active Voice In Legal Writing — In Most Cases

  Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.

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  Ask A Mentor: How Can I Help Associates Turn Down Work?

  Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.