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Disclaimer: Information contained in pages and articles on this site provide general information and are not intended to provide legal advice on any specific legal matter or factual situation. This information is not intended to create or provide a lawyer-client relationship. It is not legal advice. Readers should not act upon this information without seeking professional counsel. Read full Disclaimers and Legal Notices.  

Articles, for attorney or law firm education, on how to handle or prevent litigation, including expert witness law, legal ethics, and business litigation/corporate governance matters.

We publish here articles both by Leonard Bucklin and also by other authors.   Our site is visited often, so if viewing numbers counts as a vote, the articles are informative. Articles are changed on an irregular basis. It's part of our mission to educate attorneys.
If you are interested in submitting an article for publication -> how to submit articles. 

A BAEDEKER TO THE TRIBAL COURT
By William P. Zuger

Republished here with the kind permission of the North Dakota Law Review, which is one of the prime law reviews publishing articles on Native American legal issues.

When I started work as a temporary judge at the Standing Rock Sioux Indian Reservation, I had set foot on the reservation perhaps a half dozen times, only one of which, my employment interview with Standing Rock Tribal Chairman Ron His Horse Is Thunder four days earlier, was other than a visit to the Prairie Knights Casino. Since law school, I had firmly believed that one could never comprehend either the rule against perpetuities or Indian law. I had never handled a matter in tribal court and assumed it to be inherently unapproachable.

.... I remain firmly convinced as to the rule against perpetuities..... As to the tribal court, I have found it to be a user-friendly amalgam of Sioux and white culture and practices.... I am going to try to provide a guide to the uninitiated—a Baedeker..... Read the rest of Judge Zuger's guide to understand how to handle litigation in one tribe's court system.  From experience on various tribal reservations, this editor can state that Zuger's article give helpful insights into litigation in some of the Native American courts.

"Mr. Attorney, do not correct the expert’s typo errors in her report" - (and other top mistakes attorneys make with their own expert witness).
       By Leonard Bucklin.
There are right ways and wrong ways in which attorneys can interact with their own  expert....
Read more.

 

The Dwyer and Collora, LLP firm listing of articles by their attorneys has much to offer.  Dwyer & Collora, LLP, is a litigation firm located in downtown Boston and offer articles that probably draw referral business from general attorneys seeking trial counsel.

More articles below.

Additional articles we recommend:

 Beirne, Maynard & Parsons, L.L.P always has good solid articles on sundry topics.  It is worthwhile browsing their online publications.

Ethical Considerations and Legal Malpractice Prevention in Civil Litigation Under the Texas Rules of Civil Procedure Governing Discovery,  written by former attorneys of the firm of Davis Oretsky, P.C.  The firm still maintains the article, which is a good article to assist attorneys in preventing malpractice by their own firm.  See the index at Davis Oretsky for other good articles for attorneys to read. 

You may find a paper you want to read or use in a brief at the Social Science Research Network (SSRN).  It is devoted to the rapid worldwide dissemination of new social science research. The Social Science Research Network selected one of Leonard Bucklin's law journal articles for its online library. It has Bucklin's article on law and ethics of transplantation for download as a public service. Bucklin's article discusses selected aspects of the the law and ethics of businesses doing transplant organ work. 

 

More Articles Expert Testimony Ten Attorney Mistakes Three Point Course Daubert Tests Subject of Testimony Basis of Opinion Sequestration Suit in Suit Def Atty Depo Implied Client Reporting Violations Sue Client for Fee? Defending Yourself State Legal Mal ADR Processes Ins. Bad Faith e-Lawyering

Bucklin is quoted often in publications directed to lawyers and corporation boards of directors.  Those quotations are in articles on the subjects of this page's listing. See for example ---

Idex Review quotes Bucklin at  http://www.idex.com/pdfs/spring03.pdf , which involves the use of expert witnesses in litigation.   The Idex Review is a publication directed to defense lawyers and corporate counsel.  The article that the Idex Review quotes was originally written at the request of the Daubert Tracker and published by them. It discusses the consequences when a court labels an expert's opinion as not admissible. 

The Lawyers Lounge has an excellent set of tools and links for attorneys. It has several times mentioned Leonard Bucklin in their news pages.  

Clark Bormann, Why I Got Board Certified

I was encouraged to become certified by the NBTA by Attorney Leonard Bucklin, who is an outstanding trial lawyer. While working with Leonard, I decided to take the plunge, and applied for certification. I am glad I did, for it required me to focus on the specific skills necessary for one to claim he or she is, in fact, qualified to try cases and has met some rigorous, objective standards, to verify that standard.

[Ed. note: Read more about the National Board of Trial Advocacy at their website. It's a worthwhile organization for any trial lawyer. Every lawyer, including myself, who has taken their test, after submission of other requirements, agrees it is the most demanding written test they have experienced, in or out of law school!]

More ideas for your browsing.

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Getting the Opinion In (or Out) [The Daubert-Joiner-Kumho Tests]. Expert Testimony Rules of Evidence for Court Witnesses: Seminars and Education; Daubert Kumho Federal Rules

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Bad Faith Claims against the insurer, arising out of suits against the insured - a handbook for both plaintiffs and defendant insurers. Ins. Bad Faith

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In many states the court can order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order on its own motion. Sequestration discusses one effect on expert witnesses.

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The Evidence Required to Prove the Validity of Legal Assistant Fees as a Compensable Component of Attorney Fee Awards Reasonable Fees

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An aid to those interested in the law of  presenting an expert's opinion under the Federal Rule of Evidence 703 and the similar state evidence rules.  Rule 703 Basis- Expert Opinion

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Juror Perception of Expert Witnesses. Jury Perception of Expert Witnesses

More connections to useful sites and articles through Helpful links for attorneys.

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