Front MatterSource: Litigation, Vol. 36, No. 1, FUNDAMENTALS (Fall 2009)Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/29760741 .

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Table of Contents Litigation Fall 2009 Volume 36 Number 1

Opening Statement-Lorna G. Schofield-1

From the Bench: Don't Know Much About Federal Trial Practice-Robert E. Larsen-3

FUNDAMENTALS Fundamentals of Courtroom Delivery and Advice on When to "Show Them the Truck"-Brian J. Hurst-6

Client-Ready Law Graduates-David E. Van Zandt 11

Dive Early, Dive Deep: The Importance of Pre-suit Investigation-Maximilian A. Grant,

Katharine R. Saunders,

and Mia R. Sussman-17

"Geronimo!"?Or How I Became a Sole Practitioner-Kathleen B. Havener-22

So You Want to Be a Rainmaker-Sara Holtz-29

Enabling Legislation: How the ADA Amendments Act of 2008 Amended Ten Years of Supreme Court Precedent-Hillary Coustan and

Robert W. Gettleman-34

Surviving Yourself-Andrew Love-? 38

Better Living Through Judicial Notice-Paul J. Kiernan-42

Group Mentoring Lawyers in the Firm's Sweet Spot-Lynn E. Calkins-46

Legal Lore: Crime of Passion Defense-Marilyn and Robert Aitken? 51

Sidebar: Sorry-Kenneth P. Nolan-55

Advance Sheet: What Is to Be Done?-Robert E. Shapiro-59

Literary Trials: A Perry Mason Mystery: The Case of The Terrified Typist-Erie Stanley Gardner 68

Litigation (ISSN 0097-9813) is copyright ? 2009 by the American Bar Association, all rights reserved. Litigation is published quarterly by the Section of Litigation, American Bar Association, 321 N. Clark St., Chicago, IL 60654. Periodical postage paid at

Chicago, IL, and additional mailing offices. Postmaster: Send address changes to Service Center, ABA, 321 N. Clark St., Chicago, IL 60654. Annual subscription price for Section of Litigation members is $10 and is included in Section membership dues. Any mem? ber of the ABA is eligible for Section membership. Institutions and individuals not eligible for ABA membership may subscribe for $140 per year. Individual copies are $40, plus postage and handling, and are available from the ABA Service Center at 800/285-2221. Issues published more than two years ago are available from William S. Hein & Co.. www.wshein.com, 800/828-7571.

Material contained herein does not necessarily represent the position of the American Bar Association or the Section of Litigation. All material in Litigation is protected by copyright. No part of the text or images may be reproduced; stored in a retrieval system; or transmitted in any form or by any means, electronic, mechanical, photocopy, recording, or otherwise, without the prior and express permission of the publisher.

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Funamenas Over the years, we have devoted whole issues to the fundamentals of litigation (e.g., "Nuts and Bolts" in spring 2005 and "Back to Basics" in fall 1998). This time, we take a more holistic approach. We offer articles on fundamental skills and practice pointers, along with aFrom the Bench column that poses true-or-false questions on various federal trial topics. We also look at trends in legal education, the gutsy choice of going solo, the essentials of rainmaking, civil

rights, and personal tips for professional survival. Each article in this issue relates in some way to the basic elements of litigation:

* Presenting your case in court requires both stage presence and

stagecraft, according to author Brian J. Hurst who learned

many helpful tips from a courtroom veteran. Your choice of words, elocution, eye contact, and humor are crucial aspects of courtroom delivery. But even the smoothest advocate must be able to recognize that important point in a trial when it is time to "show them the truck."

* Law schools are not changing fast enough to keep up with changes in the profession, according to Northwestern

University School of Law Dean David E. Van Zandt. He notes that the profession has become much more of a

competitive business, driven largely by client demands. To meet these demands, law schools need to produce graduates who are "client-ready" so they can hit the ground running with well-developed analytical and communica tion skills and the ability to work in a more complicated, integrated world.

* Litigation should not begin with the filing of a law suit, but with a thorough pre-suit investigation. Authors

Maximilian A. Grant, Katharine R. Saunders, and Mia R. Sussman write that without a pre-suit investigation, you may not be able to calculate whether litigation or a different strategy would make better economic sense for

your client. A pre-suit investigation also permits you to

manage your client's expectations, gather important facts, and develop the themes and narrative of your future case.

* Almost everyone wonders what it would be like to "go solo." Author Kathleen B. Havener did more than pon der the idea. After some careful preparations, she shouted "Geronimo!" and leaped into a solo practice. She offers

helpful advice on office arrangements, insurance, comput ers, websites, and business relationships. The path has not always been easy, she writes, but she hasn't looked back.

For lawyers in private practice, finding and developing clients are fundamental tasks. Those who do these well are called "rainmakers," and according to author Sara Holtz, you can succeed as a rainmaker if you follow her advice. She recommends that you avoid "random acts of

marketing" and instead market yourself with patience and

persistence by focusing on relationship building with col

leagues, clients, and prospective clients.

Until last year, Americans claiming discrimination under the Americans with Disabilities Act (ADA) bore a huge burden of proof that they were members of a protected class. But then the ADA Amendments Act of 2008 was signed into law. Hillary Coustan and LITIGATION Associate Editor and U.S. District Court Judge Robert W. Gettleman write that Congress rejected the reasoning in two major Supreme Court decisions and revamped the definition of the term

"disability," making fundamental rights under the ADA available to many more deserving plaintiffs.

Not everyone makes a smooth entry into a successful law

practice. But author Andrew Love, who restarted his own career after a false start, writes that you can overcome some initial missteps and still reach your goals. He offers 10 valuable observations and recommendations based on the lessons he's learned, and he notes that you can't survive the

practice of law unless you can survive yourself.

Judicial notice is a withered procedural rule that should be invigorated, according to author Paul J. Kiernan. He believes that judicial notice can play a more vital role in streamlining and simplifying litigation, and he offers advice on how to "be bold" in seeking judicial notice, to take full advantage of this rule of both evidence and

procedure.

There has been much talk about the mentoring of new

attorneys. But author Lynn E. Calkins suggests that an overlooked cohort may benefit even more from mentoring: senior associates and non-equity partners. She adds that it's time for law firms to try a different approach to mentoring. She recommends a group concept, beginning with a "com

petitive process" that requires individual attorneys to apply to join a group mentoring program.

-Stephen G. Good

LITIGATION Fall 2009 5

Volume 36 Number I

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