Posted on March 5, 2014 by Julie Brook, Esq.
We all develop our own deposition style, but there are certain basic tools that every lawyer should have in his or her repertoire. Here are 10 examination techniques to consider adding to your tool belt before your next deposition. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: attorneys, deposition examination, deposition technique, discovery, pre-trial preparation | Leave a comment »
Posted on March 3, 2014 by Julie Brook, Esq.
Would you know what to do if you believed that a potential witness may not be competent to testify? Take it to the judge before the witness takes the stand.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: courtroom, incompetent witness, trial, witness, witness competency | 2 Comments »
Posted on February 26, 2014 by Julie Brook, Esq.
Litigators learn early that you can’t use leading questions during direct examination. But that’s not always true. You can ask leading questions on direct or redirect examination in certain “special circumstances where the interests of justice otherwise require.” But what circumstances are those? Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorneys, direct examination, leading questions, questioning, trial, witness | 2 Comments »
Posted on February 24, 2014 by Bonnie Maly, Esq.
Foreclosures are declining in number, but they’re still occurring at above-normal rates. Whether you’re new to foreclosure practice or have been in it for years, these tips will help you meet the challenges of newly adopted and heavily revised statutes and regulations governing mortgage foreclosure in California. Continue reading
Filed under: Legal Topics, New Legal Developments, Real Property Law | Tagged: borrower default, deed of trust, foreclosure, foreclosure litigation, Homeowner Bill of Rights, mortgages, trustee sale | 1 Comment »
Posted on February 19, 2014 by Julie Brook, Esq.
Your client may have the responsibility to preserve electronic evidence, but how to you make sure everyone who has your client’s data gets that message? Send a “legal hold” or data preservation letter to all potential custodians of your client’s relevant data. Continue reading
Filed under: Civil Litigation, Discovery, Evidence, Legal Topics | Tagged: data custodian, data destruction, discovery, electronic data, electronic evidence, evidence, legal hold letter, preservation of evidence | 1 Comment »
Posted on February 14, 2014 by Julie Brook, Esq.
With love in the air on this Valentine’s Day, here’s a friendly reminder to keep it under check in the workplace. Preferring a lover over others at work may be a natural inclination, but it can lead to a sexual harassment claim. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employees, employers, employment discrimination, harassment, quid pro quo, sexual harassment, workplace, workplace harassment | 3 Comments »
Posted on February 12, 2014 by Robert Denham, Esq
What do Bela Lugosi, Fred Astaire, and now Bing Crosby have in common? Astaire and Crosby appeared together in the film Holiday Inn, but all three have shaped the law on a deceased personality’s right of publicity. Continue reading
Filed under: Business Law, Estate Planning, Legal Topics | Tagged: Bela Lugosi, Bing Crosby, Fred Astaire, posthumous right of publicity, right of publicity | Leave a comment »
Posted on February 10, 2014 by Julie Brook, Esq.
Some propositions of law or fact just can’t reasonably be disputed. That’s where judicial notice comes in, and here’s how it works in California. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: court, discretionary judicial notice, evidence, judge, judicial notice, mandatory judicial notice, noticed motion, trial | Leave a comment »
Posted on February 7, 2014 by Julie Brook, Esq.
The following is a guest blog post by Harmony Groves Kessler, a solo practitioner assisting individuals, small businesses, and attorneys with legal issues in business contracts/transactions public agency law and family law in northern California. She is the former Mayor of Arcata, California, where she served a four-year term on the City Council.
In today’s world, especially with sources like Yelp, it’s simple to find online reviews of most any company. We often rely on posted comments to get a sense of a business and feel justified to warn other customers when we’ve had a bad experience. Companies are increasing their efforts to monitor their online reputation and keep critical reviews from driving business away. But is punishing a customer for a bad review with a large fine going too far? Continue reading