Latest & Greatest – Being Heard: Presentation Skills for Attorneys

By Faith Pincus

Published by American Bar Association

KF 300 .P56 2018

Photo Credit: Helen Hartman

Does the idea of speaking in front of a group of people turn your knees to jelly and cause you to sweat like a cold beer sitting out in the Houston sun? If so, take comfort in knowing that you’re not alone. However, public speaking, like legal research or writing, is a key competency for attorneys because there is a good chance that, at some point in your career, you will have to speak in public, whether it be to a group of colleagues at a CLE session or to a trial judge. So, take a deep breath, relax, and read Being Heard: Presentation Skills for Attorneys by Faith Pincus.  

Advocating her AMI™ method of public speaking, Ms. Pincus, an experienced public speaker, trainer, and attorney, launches into a discussion of how to improve presentation skills by keeping the three key principles of audience, message, and image/delivery at the forefront. She explains why the audience matters and describes how to create a memorable message for that audience. She also talks about the importance of the image you are projecting and the style of your delivery. 

While the first part of the book is applicable to anyone looking to improve her presentation skills, the second part of the book addresses attorney-related speaking situations, such as oral arguments, opening statements, and closing arguments. There is even a chapter on media relations. 

Still nervous and anxious? Have a look at chapter eight where the author discusses overcoming your fear. (Hint: it involves more than simply picturing your audience in their undergarments). There, Ms. Pincus provides some practical ways to manage and face your fear. 

If you are looking to improve your presentation skills, be sure to have a look at Being Heard: Presentation Skills for Attorneys.

Latest & Greatest – The ABA Cybersecurity Handbook: A Resource for Attorneys, Law Firms, and Business Professionals

Edited by Jill D. Rhodes and Robert S. Litt

Published by American Bar Association. Cybersecurity Legal Task Force.

KF 318 .A7518 2017

Photo Credit: Helen Hartman

The Law Library’s newest addition to its Legal Tech Collection is The ABA Cybersecurity Handbook. Sponsored by the ABA’s Cybersecurity Legal Task Force, The ABA Cybersecurity Handbook strives to provide attorneys and business professionals with an overview of the many aspects of cybersecurity and some practical considerations in the event of a cyber breach. 

The book begins with some background for aid in understanding a cybersecurity threat and its attendant risks. The writers provide examples of the most common threats and how law firms can address them. There is also an explanation of the cyber network, its organization, and potential threats, and how defensive systems work and respond to perceived threats. There is a discussion of the lawyer’s obligation to provide data security under the ethics rules and ABA formal opinion 477R and some advice as to when the lawyer should discuss the issue of cybersecurity with her client. The book concludes with some best practices for becoming prepared through international business community management system series of standards and the international information security management system series of standards. The authors also address the cyber-related challenges faced by large law firms, solo practitioners and small firms, in-house counsel, government lawyers, and public interest attorneys. 

No one is immune from the increasing number of cyber threats and breaches and the confidential data that can be targeted in these attacks. The cost of being prepared is minimal compare to the cost of corrupted data and loss of trust. The ABA Cybersecurity Handbook can help you become better prepared.

Other titles on this topic include: Encryption Made Simple for Lawyers, Locked Down: Practical Information Security for Lawyers, and Technology Tips for Lawyers and Other Business Professionals.

Latest & Greatest – NonProfit Law: A Practical Guide to Legal Issues for Nonprofit Organizations

Edited by Willard L. Boyd III

Published by American Bar Association. Business Law Section. Nonprofit Organizations Committee

KF 1388 .N66 2017

Based on a series of webinars sponsored by the American Bar Association’s Nonprofit Organizations Committee, NonProfit Law: A Practical Guide to Legal Issues for Nonprofit Organizations aims to provide attorneys who may be called upon to advise or to serve on the board of a nonprofit organization with some practical information about legal issues that they may encounter while acting in that capacity. The authors begin with some basic questions that the attorney should consider, such as the form of the nonprofit, the organization’s tax status, any regulatory oversight, and the existence of alternatives to the nonprofit’s organizational scheme. The remaining chapters address the formation of the nonprofit, tax issues relating to nonprofits, governance of the nonprofit, and miscellaneous matters that may arise during the representation of the nonprofit.

The chapter dealing with the formation of the nonprofit discusses the structures that nonprofits may take, the various types of nonprofit corporations, and the organizational documents needed to create the nonprofit. The authors then move onto the issue of taxation. What are the common types and classifications of tax exemptions? How does one apply for tax-exempt status? Are there any annual forms that need to be filed with the IRS? (Hint: yes!) Now, what about governance? The authors provide an overview of the individuals that are involved in governing the organization, the fiduciary duties that are imposed upon directors as well as any liabilities directors may face, and board policies. Lastly, the authors set out some other issues that may arise relating to subsidiaries, mergers and sales of assets, and dissolution.

The appendices also have a lot of useful information, such as guidance for drafting articles of incorporation and bylaws, a tax-exempt organization reference chart, and a list of nonprofit resources.

If you are an attorney faced with providing advice to a nonprofit but have no experience doing so, have a look at NonProfit Law: A Practical Guide to Legal Issues for Nonprofit Organizations.

Latest & Greatest – Texas Discovery: A Guide to Taking and Resisting Discovery under the Texas Rules of Civil Procedure

By Robert K. Wise and Kennon L. Wooten

Published by Texas Lawyer, an ALM Publication

KFT 1737 .W57 2019

Photo Credit: Helen Hartman

Recognizing that discovery is typically the most costly aspect of civil litigation, the authors set out drafting a comprehensive guide to Texas discovery for practitioners. The result was Texas Discovery: A Guide to Taking and Resisting Discovery under the Texas Rules of Civil Procedure. Each chapter of the book is tied to a particular discovery rule and includes the text of the rule and any applicable notes and comments, a general explanation of the rule, and any related procedural information. The authors focus on Rule 190 through Rule 205 as well as sanctions under Rule 215. They cover everything from the purpose of discovery and discovery control plans to requests for disclosure, production, and admission to interrogatories and depositions with a bit of expert discovery and physical and mental examinations thrown in as well. There are plenty of bibliographic references and a table of cases pointing the reader toward more authority and elucidation.

The next time you find yourself in the discovery phase of a civil case, have a look at Texas Discovery: A Guide to Taking and Resisting Discovery under the Texas Rules of Civil Procedure. It may help you navigate the twisted maze that is Texas discovery.