Category Archives

Start Kidding Yourself?

Is a high capacity for self-deception a net positive or net negative trait for a litigator to have?  As noted in many recent articles in the mainstream media, studies show that self-deception can be a powerful tool for persuading (or fooling) others, and persuading others is a big part of what we do.  There’s no doubt that many successful ...

Is a high capacity for self-deception a net positive or net negative trait for a litigator to have?  As noted in many recent articles in the mainstream media, studies show ...

New Amendments to Federal Rule 45 Are Now In Effect

New rules went into effect yesterday, December 1, 2013, making the process of requiring non-parties to appear for testimony or to produce documents simpler in cases in federal district court and also clarifying or resolving issues regarding the scope of the subpoena power.  The new rules are stated in an amended Rule 45 of the Federal Rules of Civil ...

New rules went into effect yesterday, December 1, 2013, making the process of requiring non-parties to appear for testimony or to produce documents simpler in cases in federal district court ...

Get Me Out of This

Warren Zevon – underappreciated musical genius – died a little over ten years ago on September 7, 2003. I’ve been a Zevon fan for years. Recently, in the midst of a nostalgic romp through his catalog, I was musing about “Lawyers, Guns and Money,” the closing track from his classic 1978 album Excitable Boy. The song ends: I'm hiding ...

Warren Zevon – underappreciated musical genius – died a little over ten years ago on September 7, 2003. I’ve been a Zevon fan for years. Recently, in the midst of ...

Gadgets, Posture & Power

Litigators are expected to be assertive.  Not necessarily aggressive or obnoxious, but assertive.  This is as true for easygoing “Type Bs” as it is for high-strung “Type As.”  So what lessons are litigators to draw from this Harvard University study showing that men and women using relatively larger electronic gadgets behave more assertively than folks using relatively smaller gadgets? ...

Litigators are expected to be assertive.  Not necessarily aggressive or obnoxious, but assertive.  This is as true for easygoing “Type Bs” as it is for high-strung “Type As.”  So what ...