Daily Litigation

Expert Analysis

• Embrace Active Voice In Legal Writing — In Most Cases

  Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.

• Series

  Ask A Mentor: How Can I Help Associates Turn Down Work?

  Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.

• How AI Legal Research Tools Are Shifting Law Firm Processes

  Although artificial intelligence-powered legal research is ushering in a new era of legal practice that augments human expertise with data-driven insights, it is not without challenges involving privacy, ethics and more, so legal professionals should take steps to ensure AI becomes a reliable partner rather than a source of disruption, says Marly Broudie at SocialEyes Communications.

• Data Source Proliferation Is A Growing E-Discovery Challenge

  With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.

• Bracing For A Generative AI Revolution In Law

  With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.

• Why I Use ChatGPT To Tell Me Things I Already Know

  The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.

• Series

  Ask A Mentor: How Can I Use Social Media Responsibly?

  Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.

• Yada, Yada, Yada: The Magic Of 3 In Legal Writing

  Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.

• How Firms Can Stop Playing Whack-A-Mole With Data Security

  In order to achieve a robust client data protection posture, law firms should focus on adopting a risk-based approach to security, which can be done by assessing gaps, using that data to gain leadership buy-in for the needed changes, and adopting a dynamic and layered approach, says John Smith at Conversant Group.

• 5 Life Lessons From Making Partner As A Solo Parent

  Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.

• Series

  Ask A Mentor: How Can I Turn Deferral To My Advantage?

  Diana Leiden at Winston & Strawn discusses how first-year associates whose law firm start dates have been deferred can use the downtime to hone their skills, help their communities, and focus on returning to BigLaw with valuable contacts and out-of-the-box insights.

• Resume Gaps Are No Longer Kryptonite To Your Legal Career

  Female attorneys and others who pause their careers for a few years will find that gaps in work history are increasingly acceptable among legal employers, meaning with some networking, retraining and a few other strategies, lawyers can successfully reenter the workforce, says Jill Backer at Ave Maria School of Law.

• Law Firm Guardrails For Responsible Generative AI Use

  ChatGPT and other generative artificial intelligence tools pose significant risks to the integrity of legal work, but the key for law firms is not to ban these tools, but to implement them responsibly and with appropriate safeguards, say Natalie Pierce and Stephanie Goutos at Gunderson Dettmer.

• Opinion

  We Must Continue DEI Efforts Despite High Court Headwinds

  Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.

• Law Firms Cannot Ignore Attorneys' Personal Cybersecurity

  Law firms that fail to consider their attorneys' online habits away from work are not using their best efforts to protect client information and are simplifying the job of plaintiffs attorneys in the case of a breach, say Mark Hurley and Carmine Cicalese at Digital Privacy and Protection.