Posted on October 9, 2015 by Julie Brook, Esq.
Almost all motions and demurrers must be supported by a memorandum. Cal Rules of Ct 3.1113. Your supporting memorandum convinces the judge that the law and facts support the order you want. The objective is to persuade—the memo may be your main shot at doing so, as judges issue a tentative ruling or come to the hearing with a ruling in mind based on the motion and response papers. Continue reading
Filed under: Legal Writing, Litigation Strategy, Pretrial Matters | Tagged: attorneys, demurrer, law and motion, legal briefs, legal writing, pretrial motion practice, supporting memorandum | Leave a comment »
Posted on October 7, 2015 by Julie Brook, Esq.
A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses parents’ interests in religious freedom and their right to teach and share their religious beliefs and practices with their children. What happens when each parent wants their child to share very different religious and cultural traditions? Continue reading
Filed under: Divorce Law, Family Law, Legal Topics | Tagged: child custody, divorce, parenting plan, religious differences, religious tradition | Leave a comment »
Posted on October 5, 2015 by Julie Brook, Esq.
An attorney drafting an agreement has an obligation to represent the client zealously and to prepare a contract that maximizes the client’s legal and business advantages. But does this mean that an attorney may include provisions that are extremely onerous to the other side? Continue reading
Filed under: Business Law, Legal Ethics, Legal Topics, Practice of Law | Tagged: attorney ethics, contract, contract drafting, contract provision, unconscionability, unfair contract | 1 Comment »
Posted on October 2, 2015 by Julie Brook, Esq.
It is a popular fallacy that if testimony is given on a subject during direct examination, this will “open the door” to unrestricted cross-examination about that matter; making evidence admissible that would otherwise be inadmissible. This is actually only true in certain limited circumstances. Continue reading
Filed under: Litigation Strategy, Trial Strategy | Tagged: admissible evidence, attorney, cross-examination, direct examination, inadmissible evidence, opening the door exception, questioning a witness, testimony, trial, witness | Leave a comment »
Posted on September 30, 2015 by Julie Brook, Esq.
Your discovery plan shouldn’t be all about what you’re requesting from the other side—it should also anticipate and prepare for the discovery you expect to receive. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: civil litigation, discovery, discovery plan, discovery requests, responding to discovery | Leave a comment »
Posted on September 28, 2015 by Julie Brook, Esq.
Maybe you’ve been doing voir dire the same way for years, or maybe it’s your first time. Either way, check out these ideas for your next voir dire. Continue reading
Filed under: Civil Litigation, Criminal Law, Litigation Strategy, Trial Strategy | Tagged: attorneys, jury selection, questioning jurors, trial skills, voir dire | Leave a comment »
Posted on September 25, 2015 by Julie Brook, Esq.
Yes, you have a duty to represent your client zealously. But don’t let your zeal for your client’s case trump your duty to prosecute only meritorious cases. It won’t fly to say, “My client made me do it.” Your duty to the judicial process transcends any client’s agenda. Check out a recent smackdown from a California appellate court. Continue reading
Filed under: Civil Litigation, Legal Ethics, Legal Topics, Litigation Strategy, Practice of Law | Tagged: attorney duty, frivolous lawsuit, rules of professional responsibility, sanctions | Leave a comment »