Plaintiffs: Reject §998 Settlement Offers at Your Peril

170446161Last week on CEBblog™, we discussed the consequences of a defendant rejecting a settlement offer under CCP §998 and then getting creamed at trial. But §998 is an equal opportunity statute with consequences for plaintiffs too. Continue reading

How to Get Business Records into Evidence

101722256Need to get business records into evidence? There’s a hearsay exception for that! The business records exception to the hearsay rule makes it easier for businesses to provide records during litigation without undue disruption. Here’s how to use it. Continue reading

Defendants: Reject §998 Settlement Offers at Your Peril

170446161Here’s a cautionary tale for all those defense attorneys who don’t take §998 settlement offers seriously enough. Continue reading

Don’t Be Trapped by Your Deposition Outline

463344231An outline is an excellent tool for making sure you don’t overlook any important subjects during a deposition. But don’t let this tool become a trap: Be in the moment and be ready to venture outside of your outline. Continue reading

Put Chambers Chat on the Record

117533578Right before the trial begins, trial judges routinely invite counsel into chambers to explore areas of agreement and disagreement, anticipated trial objections, and how certain matters will be handled at trial. These conversations may feel informal, but they are far from it—get any argument or decisions made in chambers on the record. Continue reading

Getting Your Fees Along the Way

465077301Can’t wait until you win the case to get your attorney fees? Consider seeking an interim fee award based on your success along the way. Continue reading

Does Litigating Make Economic Sense?

465153001One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying “No.” Continue reading

When Settlement Pits Client Against Attorney

482228991Settling a case that involves potential court-awarded attorney fees raises a big issue—a conflict of interest between plaintiffs’ counsel and their clients. But it’s definitely possible for plaintiffs’ attorneys to deal with this sticky situation with their ethical duties intact. Continue reading

Are Two (or More) Experts Better Than One?

sb10063567v-001Should you hire multiple experts on the same topic? There are some very good reasons to use this strategy. Continue reading

Calming a Client Before Cross

469790631For many people—especially avid courtroom drama watchers—the anticipation of being cross-examined is terrifying. If your client is one of these people, try these calming techniques. Continue reading

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