ABA launches two new publications, about depositions and older clients

Attorneys may encounter a number of potential problems when preparing depositions. To address these issues and aid in making the deposition process smoother, the American Bar Association offers a new, concise and helpful guide.

“Avoiding Bad Depositions: A Simple Guide to Complex Issues,” a new release from the ABA, is a user-friendly book which provides practical advice to help navigate the “minefield” of problems inherent in taking and defending depositions, allowing attorneys to avoid mistakes---and malpractice claims.

The guide addresses key concerns including why a deposition should be taken, what the attorney will gain, how to deal with all types of witnesses, and how to ethically prepare witnesses for testimony, among other important deposition questions.

 “Avoiding Bad Depositions” is written by Janet S. Kole, a full-time author who splits her time between Boynton Beach, Fla., and Philadelphia. Kole, a litigator for more than 30 years, is also the author of several other short ABA guides including, “Chasing Paper: The Keys to Learning About and Loving Discovery;” “A Brief Guide to Brief Writing: Demystifying The Memorandum of Law:” and “Pleading Your Case: Complaints and Responses.” She has also authored many articles for young lawyers on the basics of litigation practice.

A second new ABA book is by a nurse-attorney-mediator and helps all professionals who work with aging clients

Imagine: Instead of being uncomfortable with an elderly client walking through your doorway, one is confident.  Instead of being unsure of what to say to an older person who seems confused, one knows exactly what to do.

We live in a youth-obsessed culture where older people are often dismissed or marginalized. But soon we’ll be seeing more walkers than baby strollers on the sidewalks. People are living longer now than ever before in history.  Anyone engaged with senior clients will be better prepared for their work with the new American Bar Association, Senior Lawyers Division book,
“Working with Aging Clients: A Guide for Legal, Business and Financial Professionals” by Carolyn Rosenblatt, from ABA Publishing.

Rosenblatt, a nurse-attorney-mediator from the San Francisco area, writes in the introduction, “It does not matter what specialty we have or what market we work in, nor whether we are lawyers, business advisors, financial professionals or others. We are now facing or will soon be facing a rising tide of aging folks among us.”

The chapters are focused respectively on:

• Myths and stereotypes about aging;

• Difficulties working with aging clients;

• Common elder-specific issues;

• Communication with elders;

• Family conflicts regarding elders; and

• Resolution techniques that can help keep issues with aging clients from escalating

Rosenblatt combines her nursing perspective with her legal experience to deepen the reader’s understanding of the aging person/client, presenting practical concepts that any professional can use. Woven throughout the book are lessons from Rosenblatt’s many years of working directly with elder people, both as patients and as clients she represented, as well as in her mediation work.

Another common theme of “Working with Aging Clients” is that we all age differently. Rosenblatt writes, “There are nonagenarians who are athletes. Some people over 100 years of age are still mentally sharp.

“And don’t be surprised if you meet a spry elder who needs no accommodation, tells you to get on with it, and otherwise busts every stereotype you’ve ever held about aging persons.”