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The Practice

189 ABA Journal The Practice articles.

Lawyers must inform current clients of material errors

Lawyers have a duty to inform current clients of material errors committed by them during the course of representation, according to a recently released ethics opinion from the ABA’s Standing Committee on Ethics and Professional Responsibility. However, the opinion also says that lawyers do not have to inform former clients of such material errors.

Jul 1, 2018 1:30 AM CDT

Can a town be a museum? A case may hinge on the precision of definitions

Does the usual meaning of a word carry over to a legal definition? The 3rd U.S. Circuit Court of Appeals ruled on this question in a case involving sports hero Jim Thorpe.

Jul 1, 2018 1:25 AM CDT

Eloquent silence teaches lawyers about power of the pause

An appellate prosecutor and a president show how precise timing and use of prolonged silences can enhance presentations and give arguments greater impact.

Jul 1, 2018 1:25 AM CDT

Lawyer loneliness: Facing and fighting ‘No. 1 public health issue’

It can be lonely being a lawyer. We often spend long hours working in isolation. Even in law school, with almost 200 other students around me, I felt the sense of loneliness keenly. I saw my fellow classmates as competition.

Jul 1, 2018 1:20 AM CDT

Rethinking woodshedding: Trust clients and let them speak freely, but carefully, when testifying

There are four simple rules you can give to any witness about how best to answer questions from opposing counsel.

Jun 1, 2018 1:35 AM CDT

Is there an ethical problem with attorneys ghostwriting for pro se clients?

Some states require no disclosure on the part of attorney ghostwriters assisting pro se litigants. Some states mandate disclosure, while other states sometimes require such disclosure.

Jun 1, 2018 1:30 AM CDT

Every lawyer a lexicographer: Defining words with clarity, brevity and practicality

Lawyers are constantly creating definitions, seemingly to a greater extent as time goes by. These definitions appear mostly in transactional practice (contracts, wills, etc.) but also in legislative and regulatory work (statutes and rules)—and even in briefs.

Jun 1, 2018 1:25 AM CDT

Suffering can be the human consequence of lawyering

Many lawyers practice in the suffering business. Perhaps they should’ve taught us this in law school. What they also should’ve taught us in law school is that being in the presence of someone suffering affects you. Often, attorneys mistake this effect as weakness, ineffective lawyering, or as a sign that they are somehow flawed as an attorney.

Jun 1, 2018 1:20 AM CDT

‘Just Mercy’ author Bryan Stevenson tells stories to change the world

Civil rights attorney, writer and law professor Bryan Stevenson, author of the best-selling Just Mercy, employs well-told stories to reveal the plight of people trapped in the criminal justice system.

May 1, 2018 1:30 AM CDT

Lawyers have enhanced duty of confidentiality when engaging in public commentary

Lawyers should be mindful of the duty of confidentiality when they engage in public commentary, including blogs, website postings, tweets, informational videos, webinars, podcasts and other more traditional formats, according to a formal ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility.

May 1, 2018 1:25 AM CDT

Booking the Dumpster: The tragedy of ‘deaccessioning’ books from university libraries

Book research shouldn’t be superseded by online research. Yet university libraries are unloading millions of unread volumes.

May 1, 2018 1:20 AM CDT

Changing minds: 4 strategies for effectively implementing a mindfulness program

Creating a long-term mindfulness program that encourages participants to practice on a regular basis isn’t easy. It takes a good launch protocol, selecting the right technology and delivery mechanism, and curating the content to be highly relevant.

May 1, 2018 1:15 AM CDT

Inclusive legal writing: We can honor good grammar and societal change at the same time

To effect change, we can set an example through precision in our own word choices. When in doubt about the proper pronoun or title, choose the correct and inclusive one or respectfully ask.

Apr 1, 2018 2:10 AM CDT

Law review editors missed a few, so we have this usage skills quiz for you

Law review editors do their best to comply with prevailing literary usage. In this quiz, the language hasn’t yet come close to accepting the “incorrect” choices as standard written English.

Apr 1, 2018 2:05 AM CDT

Learn to deal with—and not hide—excessive worry

What I have learned is that anxiety actually serves an important function. It’s the body’s way of letting me know there is a reason for concern. It’s like a smoke detector. The trouble is that my smoke detector was hyperactive.

Apr 1, 2018 2:00 AM CDT

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