The Litigation Section publishes California Litigation three times per year, under the supervision of the California Litigation Editorial Board. Each issue contains informative articles on themes of interest to litigators.

Volume 7

Volume 7, Number 1, Fall 1993
LAWYERS!

Editorial Opinion
By Thomas J. McDermott, Jr.
Mr. McDermott predicts significant changes in the way cases are tried.

Litigation Alert
Litigation Alert highlights new developments.

Making Yourself a Target: The Ethics of Lawyer Marketing
By Gerald F. Uelmen
Prof. Uelmen describes the pitfalls involved in advertising and offers words of advice.

Professionalism — One Year later
By Brian C. Walsh
Mr. Walsh describes the impact of a Code of Professionalism in Santa Clara County one year after its implementation.

Judicial Perspective on Sanctions in State Court
By Hon. Robert H. O'Brien
Judge O'Brien provides a judge's perspective on sanctions, advocating a cost-redistribution approach.

Rule 11 Is Dead — Long Live Rule 11
By Mark Herrmann
Mr. Herrmann discusses proposed amendments to Rule 11.

Selected Issues in Legal Malpractice
By Ronald E. Mallen
Mr. Mallen describes recent developments in malpractice litigation.

Improving the Public Image of Lawyers: Is It a Fantasy?
By Bill Whelan
Mr. Whelan analyzes the public perception of lawyers and wonders if it can be changed.

Practical Difficulties in Attempting to Disqualify Opposing Counsel: Is It Worth the Risk?
By Norman J. Scott
Mr. Scott discusses the current state of the law governing motions to disqualify.

So Why the Lawyer Jokes? Lawyers as Witnesses on Their Own Behalf
By John Sheller
Mr. Sheller describes difficulties in representing lawyers as defendants.

45 Hearsay Exceptions
By Robert Aitken
Mr. Aitken supplements his previous article on the hearsay rule (Vol. 6, No. 1, Fall '92) by offering a handy list of the exceptions to the hearsay rule.

Volume 7, Number 2, Winter 1994
APPEALS

Editorial Opinion
By Thomas J. McDermott, Jr.
Mr. McDermott analyzes the challenges for lawyers in conveying information to jurors in this multi-media age.

Litigation Alert
Litigation Alert highlights new developments.

Amicus Curiae and Briefing Limitations
By Ephraim Margolin
Mr. Margolin thoughtfully addresses briefing limitations and the use of amicus curiae briefs.

Supreme Court Review: Improving Your Chances for Success
By Ellis J. Horvitz and David M. Axelrad
Messrs. Horvitz and Axelrad offer suggestions for increasing the changes of a successful petition for review to the California Supreme Court.

Oral Argument
By Edward L. Lascher
In a timeless article written before his death, Mr. Lascher shares his thoughts concerning effective oral advocacy.

So Your Brilliant Summary Judgment Motion Was Denied: Should You Take a Writ?
By Robert Sullwold
Mr. Sullwold analyzes the use of writ petitions to attack a trial court's ruling on a summary judgment motion.

Effective Brief Writing: A Court of Appeal Staff Attorney's Perspective
By Franz E. Miller
Mr. Miller offers helpful hints for effective brief writing.

Demystifying Appellate Review Standards
By Gerald Z. Marer
Mr. Marer examines the various standards of appellate review.

Standards of Review on Appeal from Post-Trial Motions: Deference Given Where Deference Due
By Dennis A. Fischer and Allen S. Yockelson
Messrs. Fischer and Yockelson describe applicable standards of review on appeal from orders on post-trial motions.

Timeline and Deadlines for Civil Appeals in California
By Suzanne E. Graber
Ms. Graber offers a helpful outline of various critical dates in the California Courts of Appeal and Supreme Court.

Judicial Opinion
By the Honorable William Cahill
Judge Cahill analyzes recent developments in summary judgment practice.

Volume 7, Number 3, Fall Spring 1994
ADR

Editorial Opinion
By Thomas J. McDermott, Jr.
Mr. McDermott challenges trial lawyers to take charge of their future.

Litigation Alert
Litigation Alert highlights new developments.

The Demise of the Civil Jury Trial
By Robert Aitken
Mr. Aitken bemoans the decline and fall of the civil jury trial system.

Mediation — A Lawyer's Perspective
By Shaun K. Boss
Mr. Boss provides a lawyer's perspective on the mediation process.

Getting the Most from Mediation
By John B. Bates, Jr.
Mr. Bates offers a mediator's perspective on effective mediation practice.

Compelling Arbitration: A Matter of Judgment
By Christine A. Page
Ms. Page analyzes the factors that must be addressed in deciding whether to compel arbitration.

Discovery in Arbitration: A Return to Reason
By Ross Hart
Mr. Hart explores discovery rights in arbitration.

Arbitration Preparation and Effective Arbitration Advocacy
By Peter Brown Dolan and Michael L. Wolfram
Messrs. Dolan and Wolfram offer suggestions for effective arbitration preparation and advocacy.

Punitive Damages in Arbitration
By Paul Dubow
Mr. Dubow describes circumstances in which punitive damages may be awarded in arbitration.

ADR and the Federal District Court: The ADR Multi-Option Pilot Program in the Northern District of California.
By Stephanie E. Smith
Ms. Smith examines the ADR pilot program in the Northern District of California which can serve as a model of other courts.

Judicial Opinion
By the Honorable W. F. Rylaarsdam
Judge Rylaarsdam encourages time-honored informal settlement discussions between counsel.