Here’s a puzzle for you. What decade am I discussing in the following paragraphs? I’m doing something a little different here. The entire text of this column appears before the jump. I’ve hidden only the citations after the jump. Ponder while you read these paragraphs when the source materials supporting these words were written: The […]
Suppose your firm has one incompetent partner, and our joint has the misfortune to be working with that person. This guy consistently misses important issues. He sends us briefs that read (as did one draft I recently received): “In response to ALR’s motion to dismiss the OC, [plaintiff] added an allegation in the FAC that […]
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Yeah, I’m shameless, but I repeat: Oxford University Press has just published a great new treatise! I recently popped open a box and held in my hands an advance copy of a new treatise published by Oxford University Press: Drug and Device Product Liability Litigation Strategy (affiliate link), by yours truly and my former partner […]
When we write briefs, we show — we don’t tell — the reader that we win. Thus, we do not tell the reader: “This case is barred by the statute of limitations,” which is mere assertion. Instead, we show the reader why we win: “The accident in which plaintiff was hurt occurred on June 1, […]
I’m one this week! Happy birthday to me! Though it feels like only yesterday, I published my first column at Above the Law on November 18, 2010. I’ve published two posts every week since then (except when Monday holidays excused my labors), so I’ve cranked out about 100 of these little ditties over the last […]
In this column, I’m presenting you with a gift: I’m ghost-writing for you a law firm brochure. I hereby grant all copyright interest in my brochure to you. Feel free to reproduce the following brochure, print it up, attach your firm’s logo, mail or e-mail the brochure to clients and potential clients, and wait for […]
Outdated billing is costing law firms money. Discover how clear, modern billing practices boost profits, trust, and cash flow in 2025.
I saw this all the time at law firms: I’d be in the middle of preparing to argue an appeal — reading key cases, studying the excerpts of the record, and thinking about likely questions from the bench. My mind was completely engrossed in what I was doing. And someone would walk into my office […]
Here’s proof that I view my readers at ATL as family: In this post, I’m going to share with you the results of my recently concluded 360-degree performance review and tell you how I plan to improve my personal job performance. (That may not be quite as sexy as pictures of naked judges, but you […]
I posted last week about the idea of providing training intended to give lawyers wings — to teach lawyers the skills, and give them the experiences, they need to leave their firm or corporation and move forward on a career path elsewhere. If you thought that was a good idea — if you thought that […]
Four months ago, you revised your company’s policy on employees’ use of social media. The policy said all the right things: When employees use social media, they should respect the rights of others and treat people with dignity; obey the company’s code of business conduct; maintain corporate confidences; and so on. Unbelievably, some recent communications […]
Discover five practical ways to harness AI and eliminate busywork—so you can focus more on your clients and less on repetitive tasks.
In-house columnist Mark Herrmann reflects on some of the things he's discussed with his son about the law as he's grown older. Unsurprisingly, Mark's son is now in medical school....
It’s hard to create career paths for in-house lawyers. It’s easy to describe the career path for a junior lawyer at a law firm (even though the path may be illusory for many): Work hard and well and become a partner; work harder and better and become a richer and more powerful partner. Retire. Die. […]
We recently had to hire a new lawyer to help with our litigation in the United States. Not surprisingly, that got me to thinking: What are we actually looking for in lawyers that we hire? Some companies litigate their own cases in-house, writing their own briefs, taking depositions, and trying cases. If that’s your company’s […]
In-house counsel columnist Mark Herrmann is begging for help here: If you have global responsibilities and are routinely dealing with documents created in languages that you don't speak, how do you assess outside counsel's skill at communicating?
In-house counsel columnist Mark Herrmann is begging for help here: If you have global responsibilities and are routinely dealing with documents created in languages that you don't speak, how do you assess outside counsel's skill at communicating?