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Litigation and Dispute Resolution Section

HNBA LITIGATION AND DISPUTE RESOLUTION SECTION

The HNBA Litigation and Dispute Resolution Section serves HNBA members and the legal profession by furthering the development and improvement of Litigation and Dispute Resolution issues, educating HNBA members on litigation skills and related professional responsibilities. The Litigation and Dispute Resolution Section seeks to provide its members with the tools to serve their clients competently, efficiently and professionally.

No matter what your area of practice or career level, this is a group where you will have a community that supports your personal and professional development through a multi-prong approach to everything related to litigation and dispute resolution. We look forward to connecting with you and growing our brand alongside yours.

The Litigation and Dispute Resolution Section seeks to:

  • Facilitate the sharing of ideas and professional experiences among HNBA members.
  • Address issues related to the effectiveness and efficiency of the federal and state court systems.
  • Explore effective means of resolving disputes including alternative dispute resolution and the uses and application of arbitration, mediation, conciliation, mini-trials, and other alternative dispute resolution mechanisms.
  • Provide guidelines, training, and a platform for Section members to elevate their personal and professional brand.
  • Highlight member’s professional experience and skill set through the publication of articles, blogs, and opportunities to provide training through continuing legal education sessions.
  • Sharpen member’s skills and knowledge by providing strategies and updates regarding rules of civil procedure developments.
  • Elevate member’s and their company brand by providing a platform to publish articles.


Veronica Canton
Litigation & Dispute Resolution Chair
Michael Best & Friedrich LLP
E: veronica.L.canton@gmail.com


RESOURCES


Federal Rules of Civil Procedure

Federal rules of Civil Procedure direct civil procedure (i.e. for civil lawsuits) in United States district (federal) courts.

https://www.law.cornell.edu/rules/frcp 
Free online access to the rules.

https://www.federalrulesofcivilprocedure.org/latest-updates/
Free online access to rule updates.

Federal Rules of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts.

https://www.law.cornell.edu/rules/fre
Free online access to the rule.

https://www.rulesofevidence.org/latest-updates/
Free online access to rule updates. 


Litigation Tips Articles

  1. Ten Court Tips: How to Survive Your Day in Court: https://litigation.findlaw.com/going-to-court/ten-court-tips-how-to-survive-your-day-in-court.html
  1. How to Excel At the Basics As A Young Litigator: https://www.litigationandtrial.com/2012/04/articles/the-business-of-law/the-basics-for-litigators/
  1. A beginner’s guide to commercial litigation: star lawyers tell us how it works and how you can prepare: http://www.chambers-associate.com/practice-areas/litigation/a-guide-to-commercial-litigation
  1. Twelve Tips for Successful Civil Litigation: https://www.ralaw.com/resources/documents/files/hertz%20tips.pdf
  1. The 10 Biggest Litigation Mistakes Companies Make: https://www.business.com/articles/10-biggest-litigation-mistakes/
  1. Litigation Financing: 10 Tips For Claims Executives:  https://www.jdsupra.com/legalnews/litigation-financing-10-tips-for-claims-72320/
  1. Litigation Holds: Ten Tips in Ten Minutes: https://www.ned.uscourts.gov/internetDocs/cle/2010-07/LitigationHoldTopTen.pdf
  1. 10 Tips From a Litigation Trial Attorney: How to Prepare for A Business Dispute: https://www.macelree.com/10-tips-from-a-litigation-trial-attorney-how-to-prepare-for-a-business-dispute/
  1. Argument Talk: Tips for Litigators on Raising, Answering and Dropping Points: http://www.abajournal.com/magazine/article/argument_talk_tips_for_litigators_on_raising_answering_and_dropping_points/news/article/does_a_diverse_bench_really_matter/?icn=sidebar&ici=text
  1. How to Use iPads in the Courtroom: Tips for Litigators: https://www.nextpoint.com/blog/ipads-courtroom-tips-litigators/

Arbitration
https://www.cpradr.org/resource-center/rules/arbitration   

Arbitration Tips Articles

  1. What Will Happen in Arbitration: Know Where You Can Go, What the Rules are and How to Advocate for your Client! https://www.dallasbar.org/sites/default/files/now_that_you_are_in_arbitration_top_ten_tips_paper_0.pdf
  1. The Top 10 Ways to Make Arbitration Faster and More Cost Effective: https://www.adr.org/sites/default/files/document_repository/The%20Top%2010%20Ways%20to%20Make%20Arbitration%20Faster%20and%20More%20Cost-.pdf
  1. Winning at Arbitration: More than 30 Specific Tips Advocates Can Use to Improve Arbitration Outcomes: https://www.aaau.org/media/19962/winning%20at%20arbitration%20-%20materials.pdf
  1. Tips for a Successful Arbitration: https://www.bzbm.com/wp-content/uploads/2016/12/Tips-For-Successful-Arbitration-ABTL-Article-Riley.pdf
  1. Practical Tips to Manage the Efficient and Cost-Effective Arbitration: http://www.primerus.com/business-law-articles/practical-tips-to-manage-the-efficient-and-cost-effective-arbitration-05072012.htm
  1. Top Ten Mistakes Lawyers Make in Arbitration and Tips on How to Avoid Them! http://cnhlaw.com/phil-cutler/top-ten-mistakes-lawyers-make-in-arbitration-and-tips-on-how-to-avoid-them/
  1. Perspectives from the Arbitrator: Tips for a Successful Arbitration: http://www.nilesbarton.com/articles/perspectives-from-the-arbitrator-tips-for-a-successful-arbitration
  1. Keys to Success in Arbitration: http://www.tsongas.com/wp-content/uploads/2011/07/KeysADR2009.pdf
  1. The Best Strategies to Present Your Case in Arbitration: https://cogentlegal.com/2014/05/arbitration/
  1. Winning Arbitration Strategies for Litigators: https://www.law360.com/articles/163512/winning-arbitration-strategies-for-litigators

Mediation
https://www.cpradr.org/resource-center/rules/mediation/cpr-mediation-procedure 

Mediation Tips Articles

  1. Mediation Strategies: A Lawyer’s Guide to Successful Negotiation: https://www.mediate.com/articles/carbone7.cfm
  1. Winning at Mediation: The Strategies for Effective Dispute Resolution: https://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/winning_at_mediation_the_strategies_for_effective_dispute_resolution/
  1. How to “Win” Every Mediation: https://www.attorney-mediators.org/Resources/Documents/How%20to%20Win%20Every%20Mediation.PDF
  1. 15 Tips for a Successful Mediation: https://www.deanmead.com/deanmead-newsletter/15-tips-for-a-successful-mediation/
  1. Mediating Conflict: http://www.wright.edu/~scott.williams/LeaderLetter/mediation.htm
  1. Advantages of Mediation: Tips for Litigators: https://www.americanbar.org/groups/litigation/committees/minority-trial-lawyer/practice/2017/advantages-of-mediation-tips-for-litigators/
  1. Top 10 Tips for Litigators to Succeed in Mediation: https://www.mediation.com/articles/top-10-tips-for-litigators-to-succeed-in-mediation.aspx
  1. Tips from a Mediator about how to prepare for the Mediation of your dispute: http://www.osborneclarke.com/insights/tips-from-a-mediator-about-how-to-prepare-for-the-mediation-of-your-dispute/
  1. Let’s Settle This Like Lawyers—Mediation Tips to Maximize Success: http://www.sgrllp.com/lets-settle-this-like-lawyers-mediation-tips-to-maximize-success/
  1. Mediation: Ten Rules for Success: https://www.nolo.com/legal-encyclopedia/mediation-ten-rules-success-34184.html

Law and Legal Themed Podcasts

The Lawyerist
http://www.abajournal.com/blawg/lawyerist  
“The lawyering survival guide, featuring posts on blogging, careers, ethics, marketing, going paperless, practice management, starting a law firm, and technology.” The blawg is in the Blawg 100 Hall of Fame. Lawyerist also produces an occasional newsletter, The Lawyerist Podcast (co-hosted by Sam Glover and Aaron Street) and the TBD Law events.

Lawyer 2 Lawyer
http://www.abajournal.com/blawg/lawyer_2_lawyer
Bob Ambrogi and J. Craig Williams have been podcasting since 2005, almost as long as the word podcast has been in circulation. Episodes pair up lawyers with opposing perspectives on legal issues in the news.

Legal Geeks Podcasts
http://www.abajournal.com/blawg/The_Legal_Geeks
Posts and The Legal Geek Podcasts cover the legal issues that arise (whether they are acknowledged or not) in TV shows and the latest theatrical releases—usually of the sci-fi / fantasy variety.

Legal Toolkit
http://www.abajournal.com/blawg/legal_toolkit
In this podcast, Jared Correia and Heidi Alexander survey topics in law practice with a strong focus on project management techniques.

Maximum Lawyer
http://www.abajournal.com/blawg/maximum_lawyer
Marketing-savvy St. Louis lawyers Jim Hacking and Tyson Mutrux and their guests explore both the details of lead generation and the broader practice management issues facing solos and small firms.

New Solo
http://www.abajournal.com/blawg/new_solo
Technology coach Adriana Linares aids lawyers building their practice or making small-firm transitions.

Reasonable Doubt
http://www.abajournal.com/blawg/reasonable_doubt
Comedian Adam Carolla engages criminal defense attorney Mark Geragos in pop-culture bro banter.

Resilient Lawyer
http://www.abajournal.com/blawg/resilient_lawyer
Lawyers, entrepreneurs, mentors and teachers tell how they bridge the gap between their personal and professional lives, connecting the dots between their mental, emotional, physical and spiritual selves.

Sword and Scale
http://www.abajournal.com/blawg/sword_scale
Among the wave of true crime podcasts, Sword and Scale is notable for covering a wide range of sordid and bizarre events and documenting how they wind their way through the justice system.

Thinking Like a Lawyer
http://www.abajournal.com/blawg/thinking_like_lawyer
Above the Law surveys legal news with skepticism and a few f-bombs. “Elie Mystal and Joe Patrice are oftentimes both insightful and hilarious,” says Wolters Kluwer analyst Brad Rosen.

This Week in Law
http://www.abajournal.com/blawg/this_week_in_law
Los Angeles lawyer Denise Howell launched this technology podcast in 2006. Intellectual property litigator J. Michael Keyes and Notre Dame law student Matt Curtis now join Howell in a video conference covering drones, virtual reality, privacy and Kim Kardashian West.

Un-Billable Hour
http://www.abajournal.com/blawg/unbillable_hour
Employment lawyer Christopher Anderson schedules time to make lawyers more successful. His monthly podcast guides business and technology experts in breaking down topics like blockchain, bookkeeping, litigation financing and process management. Anderson’s team-consulting background helps focus discussion on what’s best for lawyers and their clients.

Undisclosed
http://www.abajournal.com/blawg/undisclosed
This podcast examines the crime, investigation, trial and verdict in cases that suggest a wrongful conviction. Noting its handling of the Adnan Syed case featured in the Serial podcast, an ABA Journal reader describes Undisclosed as “a high-quality podcast that shined a light into so many places Serial walked past.”

New! – The Filevine Fireside
https://www.filevine.com/blog/category/podcast/
Join us as we sit down with the country’s best attorneys to talk about their processes and practices, as well as their outlook on the always-changing legal landscape. New episodes every Friday!

ABA Journal: Modern Law Library
http://www.abajournal.com/topic/the_modern_law_library
Modern Law Library features top legal authors and discussions of interesting legal theories and historical events. You won’t need an ABA membership to listen.

Bloomberg Law Podcast
https://www.bloomberg.com/podcasts/law
Hosts June Grasso and Michael Best speak with prominent attorneys and legal scholars, analyzing major legal issues and cases in the news. The show examines all aspects of the legal profession, from intellectual property to criminal law, from bankruptcy to securities law.

I Am The Law
https://www.lstradio.com/iatl/
I Am The Law is a podcast produced by Law School Transparency. I Am the Law interviews law school graduates to convey what the practice of law is really like. By shedding a light on real jobs they hope to help listeners make better law school choices, improve their job search process, and find better satisfaction in their jobs.

Legal Talk Network
https://legaltalknetwork.com/
Legal Talk Network is an online media network for legal professionals. Highlighting important issues and information in a talk show format, the podcasts featured on Legal Talk Network are hosted by leading professionals in the legal industry and feature high profile guests who share their experience and expertise.

Kennedy-Mighell Report
https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?id=310759483
Hosted by legal technologists Dennis Kennedy and Tom Mighell, the Kennedy-Mighell Report helps attorneys see the benefits of technology in terms of interacting with clients and managing a successful firm.

The Digital Edge
https://itunes.apple.com/us/podcast/the-digital-edge/id260139003
This monthly podcast hosted by Sharon D. Nelson, Esq. and Jim Calloway, discusses the latest in legal technology news and provides legal professionals the tips and tools that are needed to be successful.

Serial
https://serialpodcast.org/season-one
The first season of the wildly popular podcast “Serial” digs deep into a 15-year-old murder case in Maryland, in which Adnan Syed was convicted to a life sentence as a teenager of strangling his ex-girlfriend and high school classmate, Hae Min Lee. The podcast tracks the compelling case by exploring the legal system from different perspectives, interviewing key players, including Syed and the director of The Innocence Project, and taking excerpts from the trial and police interrogations.

Life of the Law
http://www.lifeofthelaw.org/category/episode/
Rather than delving into technical discussions of the workings of law, Life of the Law explores the relationship of law to American culture and society by documenting how legal concepts affect individual lives and cases.

Thinking Like a Lawyer—Above the Law
https://legaltalknetwork.com/podcasts/thinking-like-a-lawyer/
Thinking Like A Lawyer features Elie Mystal and Joe Patrice from the popular blog Above the Law and is featured on the podcast network Legal News Network (noted above). Each episode, the hosts explore a general topic through the prism of a legal framework. This brings you through entertaining topics like the legal aspects of life in the Marvel comic universe.

Ted Talks—Law
https://www.ted.com/talks?topics%5B%5D=law
A collection of Ted Talks related to the topic of law.

Finnegan IP Law Podcast Series
https://www.finnegan.com/en/insights/index.html?pt=20019
Finnegan is one of the largest IP law firms in the world. The Finnegan podcast series covers the latest developments in patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation.

Center for Internet and Society
https://itunes.apple.com/us/podcast/center-for-internet-society/id131237275?mt=2
How will new technologies affect our free speech, privacy, scientific inquiry and more? This blog, which comes out of a program at Stanford Law School, addresses the big questions of technology and the law by collaborating with scholars, academics, legislators, programmers, and other experts.

This Week in Law
https://twit.tv/shows/this-week-in-law
Denise Howell, legal blogger and trained attorney, and co-host Sarah Pearson discuss breaking issues in technology law, including patents, copyrights, and more.

Entertainment Law Update
https://entertainmentlawupdate.com/
Entertainment law news, analysis, and commentary by lawyers for lawyers and other professionals in the entertainment industry.

Oyez
https://www.oyez.org/cases/2018
And for SCOTUS Super Nerds, the Oyez podcast provides access to recordings of past oral arguments before the U.S. Supreme Court.

More Perfect
https://www.npr.org/podcasts/481105292/more-perfect
This spin-off series from the popular podcast Radiolab explores how Supreme Court decisions affect all aspects of our daily life. This deep dive into legal theory is presented in engaging, accessible terms–and is full of surprising cultural connections.

Criminal Injustice
http://www.criminalinjusticepodcast.com/blog/2018/2/6/75-punishment-for-profit
The Criminal Injustice podcast focuses on the criminal justice system and what is wrong with it. Each episode, hosted by David Harris, takes an investigative look at a specific issue concerning criminal law and punishment. Injustice is a great name for this show as each episode will leave you angry at a broken system.

Pro Say
https://www.law360.com/podcasts?podcast_article_promo=1
Law360 has a podcast called Pro Say, a casual discussion show with hosts Amber McKinney, Bill Donahue, and Alex Lawson. What makes it unique is the expertise the hosts — one moment they’re having a topic discussion on a news items, they next they’re discussing the legal language of a contract. Engaging and accessible.

Life of the Law
http://www.lifeofthelaw.org/2017/11/voter-id/
Life of the Law doesn’t fit exactly in this list but is so good I had to include it (and hey, it has law in the title, right?). This podcast explores how specific laws affect certain people. Their stories focus on individuals or communities where a particular law has become a roadblock.

Opening Arguments
https://openargs.com/oa147-satanic-temple-featuring-lucien-greaves/
Opening Arguments opens with Michael Scott of The Office screaming, “I declare bankruptcy.” This intro sets the tone for what is best described as humorous commentary on recent events. These hosts are likable, and the hour-long episodes are worth listening to when you have the time.

The Gen Why Lawyer
http://www.genylawyer.com/116-2/
The Gen Why Lawyer is a podcast hosted by California Patent Attorney Karima Gulick. Through interviews with lawyers in a wide range of topics, you’ll learn actionable advice and hear honest anecdotes of the struggles and rewards of being a lawyer. Although not explicitly touted as an “advice” podcast, the lawyers in my office all point to this podcast as teaching them the most about the business side of running a firm.

Legal Current
http://www.legalcurrent.com/
The Legal Current podcast is published by Thomson Reuters, which operates a handful of data services that most law firms use daily. This is a very polished and professional podcast. Mostly featuring interviews, the show tackles newsworthy law issues and provides very detailed analysis on each subject. A must-listen for any lawyers, but is also captivating enough that anyone could find its bite-size episodes enjoyable.

The Modern Law Library
https://legaltalknetwork.com/podcasts/aba-journal-modern-law-library/2017/12/barbie-v-bratz-what-happened-when-toy-titans-took-each-other-to-court/
In Modern Law Library, Lee Rawles interviews authors of recently published books. If you are an avid reader, this is a fantastic podcast to pick your next selection.

The Court Junkie
http://courtjunkie.com/?utm_campaign=smokeball&utm_medium=article&utm_source=blog&utm_content=top_5_legal_podcasts_of_2018
True to its namesake, Court Junkie is perfect for those among us who are easily enthralled in the factual and procedural intricacies of the most astounding criminal cases. Each full episode lasts about 45 minutes and has host Jillian weave a terrifying tale of a mind-bending crime and the legal proceedings that follow. She does this with a perfect mix of interviews with experts, journalists, and family members, recordings and transcripts of testimony and interrogations, and legal analysis. Jillian also has a set of “Court Junkie Briefs” interspersed between full episodes, in which she focuses on a particularly interesting procedural or legal topic.

The Paralegal Voice
https://legaltalknetwork.com/podcasts/paralegal-voice/?utm_campaign=smokeball&utm_medium=article&utm_source=blog&utm_content=top_5_legal_podcasts_of_2018
With The Paralegal Voice, Vicki Voisin has built a tremendous career resource for paralegals and even lawyers. This podcast should be appealing not only to paralegals, but to lawyers as well because it gives great insight into the people that truly make law firms work. The podcast covers a range of topics to help paralegals become more indispensable and solid in their craft.