When it comes to a jury trial, counsel’s persuasiveness depends to a large degree on his or her credibility, i.e., whether counsel seems to be “playing fair” and not trying to hide the facts. Making too many objections can undermine that credibility, because jurors may believe that an attorney who constantly raises objections is trying to keep them from learning the truth by throwing technical roadblocks in the opponent’s path. When making yet another objection risks the ire of the jury, consider these three alternatives.
Many attorneys find themselves in the midst of a case and wonder how they got there and how to get out of the morass in which they find themselves. When looking for a way out, turn to the California Rules of Professional Conduct, which has provisions for both permissive and mandatory withdrawal from a case. Continue reading
Filed under: Practice of Law, Young Lawyers | Tagged: attorney-client relationship, California Rules of Professional Conduct, mandatory withdrawal, permissive withdrawal, terminating attorney-client relationship | 4 Comments »
We are all affected by the fear associated with terrorism. But did you know that we also all share in the insurance for losses resulting from terrorist acts? That’s precisely what the federal government has done through a shared public and private compensation system for insured losses resulting from acts of terrorism. Continue reading
Filed under: Business Law, Legal Topics, Real Property Law | Tagged: acts of terrorism, deductible, exclusions, insurance, property insurance, terrorism, Terrorism Risk Insurance Act of 2002, TRIA | 2 Comments »
Video recording of depositions is very common and is clearly more effective in capturing a witness’ demeanor than a written transcript. But there are also downsides to video recording a deposition and a serious expense involved. Don’t just jump to record — weigh the pros and cons in every case. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy | Tagged: civil litigation, depositions, discovery, expert depositions, pretrial, video recording, videotaping | 10 Comments »
Petitions for rehearing are rarely granted, and even when granted, the court of appeal seldom changes the result and issues a new opinion. Then why file one? Because it may be the longshot that is successful, and in any event, it may be a necessary prerequisite to filing a petition for review in the California Supreme Court. Here are the basics on filing a petition for rehearing. Continue reading