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| Preface | |
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| The Law Office Environment | |
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| Introduction | |
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| Law Office Categories | |
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| By Size | |
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| By Practice | |
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| The Role of the Paralegal | |
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| Other Support Staff | |
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| Ethical Issues | |
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| Evidentiary Issues | |
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| Getting Organized | |
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| Filing | |
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| Timetables/Calendaring | |
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| Running Tallies: Costs, Damages, Billing | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| The Client: Plaintiff's Perspective | |
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| Introduction | |
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| Ethical Issues | |
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| Unauthorized Practice of Law (UPL) | |
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| Conflicts of Interest | |
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| Ethical or Chinese Wall | |
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| Evidentiary Issues | |
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| Attorney-Client Privilege | |
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| Attorney Work Product | |
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| An Initial Client Call | |
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| The Initial Interview | |
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| Objectives | |
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| Preparation | |
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| Manner | |
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| Techniques | |
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| Content | |
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| Contingency Fee Contracts | |
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| Hourly Billing and Retainers | |
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| Wrapping It Up | |
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| Client Contact | |
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| Background Checks | |
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| Finding Potential Defendants | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| The Client: Defendant's Perspective | |
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| Introduction | |
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| Ethical Issues | |
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| Dual Representation | |
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| Evidentiary Issues | |
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| Rule 403 | |
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| Hearsay | |
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| Party-Opponent Admissions | |
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| The Initial Interview | |
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| Emotional Baggage and Venting | |
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| Nonverbal Communication | |
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| Using the Complaint | |
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| The Paperwork | |
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| Follow-up | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| The Opposing Party | |
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| Introduction | |
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| Ethical Issues | |
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| No Contact Rule | |
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| Representation of Corporations | |
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| Evidentiary Issues | |
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| Propensity Evidence and Prior Bad Acts | |
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| Habit Evidence | |
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| Informal Investigation | |
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| Surveillance | |
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| Discovery | |
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| Discovery for Parties Only | |
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| Depositions: Discovery for Everybody | |
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| Foreign Opposing Parties | |
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| Working with Opposing Counsel and Staff | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| Fact Witnesses | |
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| Introduction | |
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| Ethical Issues | |
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| Disclosure | |
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| Tape Recording | |
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| Evidentiary Issues | |
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| Privileges | |
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| Exceptions to Privileges | |
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| Finding Witnesses | |
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| The Courthouse | |
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| The DMV | |
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| The Internet | |
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| The United States Postal Service (USPS) | |
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| Paying for Help | |
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| Interviews | |
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| Practical Considerations | |
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| What to Tell | |
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| What to Ask | |
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| How to Ask | |
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| The Witness Who Knows Nothing | |
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| Witness Statements | |
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| Witness Summaries | |
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| Cost Considerations | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| Special Issues with Witnesses | |
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| Introduction | |
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| Ethical Issues | |
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| Client Wishes and the Incompetent Client | |
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| Evidentiary Issues | |
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| Witness Competency | |
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| Children | |
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| Elderly Clients or Witnesses | |
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| Disabled or Impaired Clients or Witnesses | |
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| Hearing Impairments | |
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| Vision Impairments | |
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| Mobility Impairments | |
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| General Issues | |
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| Language Barriers | |
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| Cultural Barriers and Racism | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Brain Work | |
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| Putting It to Work | |
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| Documentary Evidence | |
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| Introduction | |
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| Ethical Issues | |
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| Rambo Litigators | |
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| Evidentiary Issues | |
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| Business Records Exception | |
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| Authentication | |
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| Informal Methods | |
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| Releases and Other Requests | |
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| FOIA | |
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| Formal Methods | |
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| Request for Production | |
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| Depositions | |
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| Deposition by Written Questions | |
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| Calling Witness at Trial | |
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| Automobile Accident Report | |
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| Medical Records | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| E-Documents and Other Computer Discovery Issues | |
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| Introduction | |
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| Metadata | |
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| E-mail | |
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| Cost Issues | |
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| Protective Orders and Spoliation | |
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| Death Penalty Sanctions | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| Background Resources | |
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| Introduction | |
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| Ethical Issues | |
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| Evidentiary Issues | |
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| Sources | |
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| Government Sources | |
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| Government Sources: FOIA Reading Rooms | |
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| Market Reports and Other Commercial Publications | |
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| Reference Books and Other Learned Treatises | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Fill in the Blanks | |
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| Key Terms | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| Expert Witnesses | |
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| Introduction | |
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| Ethical Issues | |
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| Evidentiary Issues | |
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| Finding Experts | |
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| Evaluating Experts | |
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| Cost Considerations | |
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| Use of Experts | |
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| Purely Consulting | |
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| Consulting/Testifying | |
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| In-House Experts | |
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| Discovery and Opposing Experts | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| Real and Demonstrative Evidence | |
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| Real Evidence | |
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| Demonstrative Evidence | |
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| Ethical Issues | |
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| Evidentiary Issues | |
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| Obtaining and Authenticating Physical Evidence | |
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| Preservation, Inspection, Testing, and Spoliation Issues | |
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| What, When, and How of Demonstrative Evidence | |
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| Charts and Timelines | |
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| Documents | |
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| Photographs and Videotapes | |
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| Computer Animation | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| Witness Preparation | |
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| Introduction | |
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| Ethical Issues | |
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| Evidentiary Issues | |
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| Preparing Witnesses to Testify | |
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| Jury Consultants | |
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| General Stress Reduction Techniques | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Key Terms | |
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| Fill in the Blanks | |
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| Web Work | |
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| Brain Work | |
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| Putting It to Work | |
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| Ending the Litigation | |
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| Introduction | |
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| Ethical Issues | |
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| Evidentiary Issues | |
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| Parties with Interest in the Outcome | |
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| Physical or Mental Health Care Lienholders | |
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| Mechanics/Materialmen | |
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| Taxing Entities | |
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| Settlement Presentations | |
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| Mediation Presentations | |
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| Trial Preparation | |
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| Trial Notebook | |
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| Jury Selection | |
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| Introduction of Evidence | |
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| Post-Trial Jury Canvassing | |
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| Chapter Summary | |
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| For Further Reading | |
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| Chapter Review | |
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| Fill in the Blanks | |
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| Key Terms | |
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| Web Work | |
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| Working the Brain | |
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| Putting It to Work | |
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| Glossary | |
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| Index | |