Posted on February 27, 2013 by Julie Brook, Esq.
What do you do when a witness says one thing during his or her deposition and a very different thing when on the stand at trial? Impeach! Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Young Lawyers | Tagged: deposition, hearsay, impeachment, prior inconsistent statement, testimony, witness, witness testimony | 2 Comments »
Posted on February 25, 2013 by Julie Brook, Esq.
It’s your first interview with a criminal defendant. Not sure where to start? We’ve got 18 questions to help you organize your thoughts and quickly spot the key issues in the case. Continue reading
Filed under: Criminal Law, Legal Topics, Young Lawyers | Tagged: client interview, codefendant, criminal defendant, criminal defense, entrapment, informant, parole, prior conviction, probation, search | 6 Comments »
Posted on February 22, 2013 by cebca
The following is a guest blog post by Jeffrey Osofsky, an attorney at Munger, Tolles & Olson LLP in Los Angeles with a practice focusing on defending employers and individual managers against employment-based lawsuits. Mr. Osofsky wishes to thank Munger Tolles Partner Terry Sanchez for his assistance with this post.
California’s Fair Employment and Housing Act generally prohibits employers from basing their employment decisions on certain protected characteristics (race, sex, pregnancy, etc.). But what happens when an employer sued for discrimination can show that, despite any unlawful consideration, it would have reached the same decision about that employee anyway? Continue reading
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: discrimination, employee, employer, employment, mixed-motive, wrongful discharge, wrongful termination | 2 Comments »
Posted on February 20, 2013 by Julie Brook, Esq.
California’s dog-bite statute, CC §3342, imposes strict liability on dog owners with some interesting twists. Continue reading
Filed under: Legal Topics, Real Property Law, Tort Law | Tagged: animal law, dog-bite statute, dogs, tort liability | 1 Comment »
Posted on February 14, 2013 by Julie Brook, Esq.
Posted on February 13, 2013 by Julie Brook, Esq.
It may not seem very romantic to discuss prenups right before Valentine’s Day, but some people consider them to be an important bridge to cross on the way to happily married life. Continue reading
Filed under: Divorce Law, Family Law, Legal Topics | Tagged: community property, divorce, premarital agreement, prenup, prenuptual agreement, separate property | 1 Comment »
Posted on February 11, 2013 by Julie Brook, Esq.
If you want to get punitive damages for your client, you need to hone your argument to the jury and prepare yourself for common sticking points. And don’t forget to remind the jury of the deterrent effect of punitive damages or, as they say in England, “the sting of the shilling.”
Filed under: Civil Litigation, Legal Topics, Litigation Strategy | Tagged: damages, jury, punitive damages, trial | 1 Comment »
Posted on February 8, 2013 by Julie Brook, Esq.
You take a business trip and, of course, you want to be reimbursed for your expenses. California law backs you up. Employers: don’t get caught unaware—know the law and have a policy in place that complies with it. Continue reading
Filed under: Business Law, Employment Law, Legal Topics | Tagged: employees, employers, expense documentation, expense reimbursement, wage and hour, work expenses | 6 Comments »
Posted on February 6, 2013 by Julie Brook, Esq.
You’ve got a case, but you are feeling a bit over your head on one or more of the issues involved. Before you take a pass on the case, consider associating another attorney who has the expertise you lack. It can be win-win-win: for you, the other attorney, and your client.
Filed under: Practice of Law, Young Lawyers | Tagged: associating counsel, attorney-client relationship, expertise, representing clients | 8 Comments »
Posted on February 4, 2013 by Julie Brook, Esq.
You’ve taken depositions and got some great testimony for your case. Unfortunately, the jury wasn’t in the deposition room to hear it. So now that you are at trial, it’s your chance to make effective use of the deposition testimony in front of the jury. But how do you do that?
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy | Tagged: deposition, deposition testimony, evidence, introducing evidence, jury, trial, using discovery at trial | 6 Comments »