Posted on November 17, 2014 by Julie Brook, Esq.
The following is a guest blog post by Jeff Bennion, a solo practitioner in San Diego who specializes in personal injury and consulting on e-discovery and litigation technology.
A good cross-examination should come off as scripted. California Evidence Code §767(a)(2) allows for leading questions on cross-examination, and a good trial attorney should lead the witness through the narrative using only questions that he or she knows the answer to. But things don’t always go according to plan. When a witness gives an answer that you did not expect or that is contrary to what you learned in discovery, you need to have a plan for showing your impeachment evidence to the jury. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: Adobe, cross-examination, PowerPoint, technology, trial, trial presentation software, trial technology, witness, witness examination | 2 Comments »
Posted on November 14, 2014 by Julie Brook, Esq.
If you handle business litigation matters, you need to be fluent in the most common business-related torts and their elements so you can spot the issues immediately—to either allege them or defend against them. Don’t feel quite fluent yet? Don’t worry, here’s a checklist of the elements of common business-related torts to keep handy until you master them. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics, Young Lawyers | Tagged: business litigation, business torts, emotional distress, false light, inducing breach of contract, intentional interference with prospective advantage, Negligent Interference With Prospective Economic Advantage, trade libel, unfair competition law | Leave a comment »
Posted on November 7, 2014 by Julie Brook, Esq.
Taking the deposition of an opponent’s disclosed expert entails more and different preparation than when you’re deposing a lay witness. Here are 5 things to do when prepping for an expert’s deposition. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: deposition, discovery, expert qualifications, expert witness, pretrial discovery, trial | Leave a comment »
Posted on October 29, 2014 by Julie Brook, Esq.
Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should. Like everything else at trial, whether to move for mistrial is a tactical decision. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: Jury trial, mistrial, procedural irregularities, right to fair trial | 2 Comments »
Posted on October 27, 2014 by Julie Brook, Esq.
When a conflict arises between neighbors, attorneys often recommend that their clients keep a record of events. A written log of dates and times is one thing, but a video or audio recording can easily step over the line from keeping tabs to violating privacy rights. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Real Property Law | Tagged: eavesdropping, invasion of privacy, neighbor disputes, photographing, secret recording, video recording | 2 Comments »
Posted on October 17, 2014 by Julie Brook, Esq.
To the victor go the spoils. But that doesn’t mean the prevailing party can get whatever it wants in claimed costs. If you disagree with the costs listed in the prevailing party’s costs memorandum, file and serve a motion to tax costs. Here’s how. Continue reading
Filed under: Appeals, Civil Litigation, Legal Topics, Litigation Strategy | Tagged: cost memorandum, motion to strike costs, motion to tax costs, post-trial motion, prevailing party, trial costs | Leave a comment »
Posted on October 10, 2014 by Julie Brook, Esq.
Before you get to the substantive questions, make sure to ask these four important preliminary questions in every deposition you take. Continue reading
Filed under: Civil Litigation, Discovery, Young Lawyers | Tagged: attorneys, civil litigation, deposition questions, depositions, pretrial discovery, taking a deposition | 4 Comments »