Advocacy in other forums; litigators must adapt to new resolution settings

Article Abstract:

Attorneys advocating in dispute resolution settings other than court face special challenges. They should learn as much as possible about the forum before the proceeding starts and prepare as thoroughly as they would for trial. Lawyers must also remember that they will have less control in alternative forums than in court but that the absence of rules also gives them more freedom. Opening statements and summations are as necessary as in court.

Management, Dispute resolution (Law)

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Limited admissibility; keeping evidence on track

Article Abstract:

Limited admissibility of evidence has been criticized as a fraudulent use of prejudicial information. However, judges prefer to admit evidence with limiting instructions to juries. Limited evidence can be admitted under Rule 105 of the Federal Rules of Evidence, while Rule 403 also favors admissibility. However, the principle of unfair prejudice should outweigh these.

Analysis, Evidence (Law)

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