A vast majority of disputes between neighbors involve land usage—as in, “your [fence, shed, driveway, etc.] is on my property!” The logical first step in assessing these types of claims is to figure out who owns what land. Continue reading
Tell It to the (Tax Court) Judge: If You Prefer District Court, Pay the Tax First and Then Ask for a Refund
Michael Jackson is back in the news. The IRS added some $700 million to the reported value of Jackson’s estate, based on posthumous publicity rights valued by the estate at $1200. The news brought to light an interesting issue: To get a regular trial with a district judge on a tax deficiency, you have to pay the tax first. Continue reading
Have you been on the receiving end of opposing counsel’s abuse during a deposition? Non-stop meritless objections, constant witness coaching, or just rude and unprofessional behavior can catch you off guard and leave you feeling unprepared.
This short video discusses the most common abuses attorneys experience during depositions, and then gives 5 ways to effectively deal with them.
These tips and many others for taking and defending depositions are found in CEB’s California Civil Discovery Practice. Also check out CEB’s Handling Depositions for a step-by-step guide through the deposition process.
Related CEB blog posts:
- That’s Privileged! Claiming Privilege in a Deposition
- I Object! Know What Objections to Make at a Deposition
- Be Ready to Pounce on Objections in a Deposition
- To Correct or Not to Correct a Depo Transcript
© The Regents of the University of California, 2013. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.
Filed under: Civil Litigation, Discovery, Legal Topics, Videos | Tagged: attorneys, deposition, deposition abuse, deposition objections, deposition tactics, protective order, witness coaching | 10 Comments »
For employers, the disability accommodation process can be complicated and time-consuming. It’s important that company representatives have a clear view of the common “big picture” issues that come up during the process. Continue reading
One of the most embarrassing and damaging things that can happen to plaintiff’s counsel during trial is a defendant’s successful motion for nonsuit after the plaintiff’s opening statement. Even though the plaintiff normally gets another chance, the experience is shattering. Make sure this doesn’t happen to you!
Increasingly, plaintiffs are trying to recover damages for emotional distress unrelated to any bodily injury. And attorneys may be a new target for these claims: The Iowa Supreme Court recently approved potential emotional distress damages in a legal malpractice case. More than ever attorneys need the basics on making these claims in California and tactics for opposing them.
Filed under: Legal Topics, Tort Law | Tagged: duty of care, emotional distress claims, emotional distress damages, legal malpractice, negligent infliction of emotional distress, recovery for emotional distress, tort damages | Leave a comment »
There are some pretrial tasks you shouldn’t delegate. It’s critical that trial counsel see and hear each witness before trial begins and take the time to carefully prepare the witness to testify. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney, attorney-client privilege, cross-examination, lay witness, trial, witness, witness preparation | Leave a comment »
Unless you agree otherwise, the deponent can change the form or substance of any answer in the deposition transcript. But just because you can doesn’t mean you should. Continue reading
Estate planners are taking a second look at portability—the use of a deceased spouse’s lifetime exclusion by the surviving spouse—now that the law on this subject has been made permanent. Continue reading
Filed under: Elder Law, Estate Planning, Legal Topics, Tax Law | Tagged: bypass trust, death tax, deceased spouse, Estate Planning, estate tax, lifetime exclusion, marital deducation, portability, wills and trusts | 5 Comments »