What can happen if you don’t authenticate text messages and then use them as crucial evidence in your case? A total disaster! (more…)
Here are the remaining 5 tips from Presiding Justice Arthur Gilbert of the Second District Court of Appeal, Division 6. In A Brief Browse on Briefs: Writing Tips from a Judge (part 1) and part 2, we gave the first 10 of 15 writing tips from the judge . (more…)
In an apparent response to the United States Supreme Court order to reduce California’s prison population and the State’s burgeoning budget crisis, Governor Jerry Brown signed into law A.B. 109 (Cal Stats 2011, ch 15, April 4, 2011), effectively transferring responsibility for nonserious, nonviolent and non-Pen C §290 registerable sex offenders from the state to the counties. Together with the amendments effected by other bills, A.B. 109 is referred to as “realignment.” (more…)
The following is from guest blogger Tommy Galan, a former trial attorney and the current Director of Corporate Programming at The Peoples Improv Theater in New York City, where he teaches Improv(ed) Legal Skills, a CLE that shows attorneys how to use the tool of improvisation.
For six years, life has been nothing but eat, sleep and breathe this case. You collect yourself. The first line of your opening statement flows like poetry…and then your mind goes blank. Your face is flush, and your hands clam up. All eyes are on you. What do you do? Improvise. (more…)
Last week, in A Brief Browse on Briefs: Writing Tips from a Judge (part 1), we gave the first of 5 of 15 writing tips from Presiding Justice Arthur Gilbert of the Second District Court of Appeal, Division 6. Here comes — you guessed it — 5 more writing tips gleaned from the judge’s years of experience and reading so many briefs. (more…)
Unfortunately, we have all had to become somewhat knowledgeable about cyberattacks, even if only to be sure our anti-viral software is up-to-date. But do you really know what the different cyberattack terms mean? Here’s a quick overview of cyberattack language and what it all means. (more…)
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Writing briefs — indeed, writing generally — is an area in which most attorneys can use help or at least a refresher. In a recent case (.pdf), some attorneys learned this the hard way when the judge called their grammatical errors ”so egregious and obvious that an average fourth grader would have avoided most of them.” Those attorneys could have used the following brief-writing principles excerpted from an article written for CEB by Presiding Justice Arthur Gilbert of the Second District Court of Appeal, Division 6. (more…)
The words “hot” and “accounting” are not usually found in the same sentence, but in a corporate world that is increasingly filled with brazen criminal behavior, forensic accounting is a hot job. Maybe we’ll see a slick CSI-type television program dedicated to these number crunchers! (more…)
Question: You file a breach of contract suit and begin negotiating with the defendant. You agree on a settlement, but the defendant dies before actually signing the settlement agreement. The defendant’s beneficiaries won’t be opening a probate, because there is less than $100k in assets. Under California law, what do you do?