When You Can’t Settle, Consider a Mini-Trial

Boy (5-7) making pinching gesture, close-up of handA mini-trial is basically a sophisticated settlement conference. When you have complex questions of mixed law and fact, a mini-trial may be your best way forward. Continue reading

Filing an Appeal? Follow 3 Steps to Drafting an Effective Statement of the Case

The appellate court probably knows the relevant law but not the facts of your case, so it will look to your appellant’s brief to fill this void. If you don’t provide an adequate statement of the case in your brief, the court will have to look to the respondent’s brief. That’s major incentive to making your statement of the case as clear and effective as possible. Continue reading

10 Tips for Workplace Investigation Interviews

Businesspeople at meeting

Given the employer’s duty to “take all reasonable steps” to prevent discrimination, harassment, and other unlawful practices (Govt C §12940(h)(5), (k); 29 CFR §1604.11(d)), employment lawyers can expect to  conduct—or assist a client in conducting—a workplace investigation. Although most will be well-acquainted with the fact-finding process, the role of a litigator and the role of an investigator are quite different and implicate different goals, interests, and naturally, a whole host of different problems. Continue reading

Be a Skeptic When a Potential Client Wants to Switch Counsel to You

bldtr040046Sometimes you should view a new potential client with skepticism. If the matter has been handled by another attorney and is now being referred or brought to you, there may be a reason you won’t like. Continue reading

The Perils of an Attorney Joining a Corporate Board

ThinkstockPhotos-185025107From time to time, attorneys are asked to serve as corporate directors or officers. Watch out—there may be some serious perils involved for the attorney and his or her law firm. Continue reading

Deposing the Doctor: Why Do It and How Much Will It Cost?

ThinkstockPhotos-79085832In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call. Continue reading

Home Sweet Homestead

Suppose a debtor denies owning a home and then gives a false address so creditors don’t find out about the home. Can the debtor still claim the homestead exemption in bankruptcy? Continue reading

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