Witness preparation varies from case to case and from witness to witness and there’s no one correct method or simple formula. But there are some things you should always do when preparing a witness for trial. Continue reading
The following is a guest blog post by bankruptcy attorney Michael Gouveia, who spoke at the 2013 Annual State Bar Meeting on the New Attorney Guide to Competency. He invites you to visit his popular bankruptcy blog.
This sweet young couple is sitting across from you in your office. You’ve spent a half an hour counseling them on filing a Chapter 7 bankruptcy. The wife then asks, “We need to file Chapter 7 bankruptcy this week, but we don’t have your full attorney fee. Can we give you a little up front and the rest of your fee after we file?” This is the time to start backing away. Continue reading
When there are issues involving your client’s capacity or the existence of undue influence, you may want to get a neuropsychologist on the case to perform assessments and/or act as an expert witness. Continue reading
Closing argument gives you a chance to restate the primary issues, summarize the evidence, and explain the law. You’ve got wide latitude in making your closing argument, but don’t let this freedom lull you—there are some things you just can’t say in your closing. Continue reading
Ever since the graduated probate fee was declared unconstitutional in Estate of Claeyssens (2008) 161 CA4th 465, the legislature has been nickel-and-diming estate planners and their clients with filing fees. Now we have to deal with multiple fees for lodging wills, which used to be free. Continue reading
Want a great discovery organization tip? Create a calendar of all the relevant discovery dates. This will help you evaluate what discovery you’ll need and schedule it in relation to the relevant statutory deadlines. Continue reading
A new law coming into effect in California on January 1, 2014 will govern the formation and operation of all limited liability companies (LLCs) in this state. It’s out with the old and in with the new! Continue reading
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: Beverly-Killea Limited Liability Company Act, California Revised Uniform Limited Liability Company Act, limited liability company, LLC, RULLCA | Leave a comment »
The following is a guest blog post by Benjamin Scott. Ben is a solo estate planning attorney, a graduate of Concord Law School, a former high school physics teacher, and a father of three.
“A good plan violently executed now is better than a perfect plan executed next week.” -General George S. Patton.
What would have happened if General Patton sat down in the North African desert and refused to move because he was afraid of making mistakes? Although good lawyers should always try to avoid mistakes, a lawyer who is constantly paralyzed by the fear of mistakes will never become competent. Continue reading