Halloween Harassment

Posted on October 31, 2012 by Julie Brook, Esq.

As reported in Corporate Counsel, office Halloween parties can be a nightmare for in-house and other employment lawyers. Costume choices can raise various discrimination and harassment issues  — consider the “illegal alien” costume or the sexy maid get-up.  To keep Halloween fun for all, employers should be proactive, and then reactive when necessary. (more…)

Filed under: Employment Law, Legal Topics | Tagged: , , , , | 1 Comment »

Should I Go for (Wr)it by Noticed Motion or Alternative Writ Procedure?

Posted on October 29, 2012 by Julie Brook, Esq.

When you want to challenge an action or decision by a nonjudicial body, such as a governing board, an administrative agency, or a public official, you need to file a writ in superior court. You have two procedural options for getting this process going: noticed motion and alternative writ. Ultimately, these two procedures are simply two different routes to the same goal—obtaining a hearing on the merits of the writ petition—but each procedure has its particular advantages and disadvantages. (more…)

Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: , , , , | 2 Comments »

Until the End of the Contract Do We Part

Posted on October 26, 2012 by Julie Brook, Esq.

The rumor that Tom Cruise and Katie Holmes signed a five-year marriage contract prompted a New York Time’s article on the idea of 20-year renewable marriage contracts as a way of overhauling marriage in our society. The idea of short-term, renewable marriage contracts can be appealing, but would such agreements be enforceable under California law? The hitch may be in California law’s abhorrence of anything that promotes divorce. (more…)

Filed under: Divorce Law, Family Law, Legal Topics | Tagged: , , , , , , , | 1 Comment »

Catch a Catchphrase

Posted on October 24, 2012 by Julie Brook, Esq.

During the election season we all get a bit tired of  slogans and catchphrases, but these tools can be very useful at trial. Keep alert for any catchphrase that comes up at trial or during discovery and be prepared to exploit it for all it’s worth. (more…)

Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy | Tagged: , , , , , , | Leave a Comment »

Get While the Getting’s Good: Checklist of Info You Need to Form a Limited Partnership

Posted on October 22, 2012 by Julie Brook, Esq.

You have been retained to advise your clients in forming a limited partnership and to draft a limited partnership agreement. Where to begin? Always start with information gathering. To help organize the process for you, here’s a handy checklist of the information you’ll need from your clients. (more…)

Filed under: Business, Legal Topics, Young Lawyers | Tagged: , , , | 1 Comment »

Picking the E-Data Custodian’s Brain

Posted on October 17, 2012 by Julie Brook, Esq.

After you’ve ensured that your client is preserving all potentially relevant or responsive electronic data, you need to identify what E-data to collect for potential use in the litigation, including for discovery. This means you need to find the key data custodians and pick their brains. (more…)

Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: , , , , | Leave a Comment »

The Mighty Separate Statement

Posted on October 15, 2012 by Julie Brook, Esq.

The separate statement that accompanies your summary judgment motion in California courts is not merely a technical requirement you can breeze through; rather, it’s an exceedingly important document, and should not be viewed as an afterthought. In fact, when the law is straightforward and well known to the court, the judge may turn first to the separate statement and form an impression on whether the motion is well taken. (more…)

Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters, Young Lawyers | Tagged: , , , | 4 Comments »

6 Steps to Evaluate a Wrongful Termination Case

Posted on October 15, 2012 by Julie Brook, Esq.

A potential client comes to you complaining that he or she was wrongfully fired. Before jumping to grab your retainer agreement, be sure this is a case you really want to take. (more…)

Filed under: Employment Law, Legal Topics | Tagged: , , , , | 1 Comment »

What To Expect When You’re Expecting a Deposition: A Checklist for Preparing the Deponent

Posted on October 12, 2012 by Julie Brook, Esq.

Part of your deposition preparation has to be preparing your client for his or her turn at the depo table. Most attorneys spend their time preparing their clients for the substance of the deposition and what specific questions to expect and how to answer them. Although this is obviously important, it is equally important that your novice client knows what to expect at a deposition generally and is clear on what is expected of him or her as the deponent. Here’s a checklist to help you get your client ready. (more…)

Filed under: Civil Litigation, Discovery, Legal Topics, Young Lawyers | Tagged: , , , | 4 Comments »

Estate Planning in a Blended Family

Posted on October 10, 2012 by Julie Brook, Esq.

Blended families are very common today—from the Kardashians to the Jolie-Pitts, Hollywood has myriad examples. In a blended family, there are children from a prior relationship and also perhaps children with the current spouse. This situation presents many blessings and challenges, including those for estate planning attorneys. Even if your clients’ assets are modest, planning for them in the context of the “blended family” requires careful analysis. (more…)

Filed under: Elder Law, Estate Planning, Family Law, Legal Topics | Tagged: , , , , , , | 3 Comments »

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