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

Know Trial Objections Cold

185468074Making objections is a key skill for every trial attorney. The more you try cases, the more rote they become. But if you’re relatively new to the courtroom, or it’s been a while since you’ve been there, here’s a system for memorizing possible objections and having them at the tip of your tongue at trial. Continue reading

Excusal Remorse: I Want That Witness Back!

witness_78724356Trial attorneys sometimes get excusal remorse, i.e., they excuse a witness and then want to recall that witness back to the stand. Anticipate this reaction and take proaction. Continue reading

Give Discovery Responses a Formal Introduction

136727429Many attorneys mistakenly believe that answers to interrogatories and requests for admission are automatically in evidence after they’re lodged with the court. Not so! First, you’ve got to formally introduce them into evidence.

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Put a “Legal Hold” on Data Destruction

144952362Your 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

Introducing Evidence? Make an Offer of Proof!

85449116Play it safe and make an offer of proof whenever you’re introducing evidence. Even if your evidence is excluded after a motion in limine or a trial objection, an offer of proof will preserve the record for appeal. Continue reading

Watch What You Post: 4 Ways to Protect Your Clients from Themselves

148372802The following is a guest blog post by Scott J. Corwin, founding attorney of the Los Angeles Motor Vehicle Accident Law Firm. For over 20 years, Mr. Corwin has represented more than 2,500 injured victims and has been named a Southern California SuperLawyer for eight years in a row.

These days it seems that everyone is using social media, connecting people in ways never thought possible even ten years ago. In personal injury cases, social media can cause serious damage—we’ve all heard horror stories of people receiving minor settlements after a compromising photo or post was seen on Facebook. As attorneys, we must inform our clients of these potential dangers and help them make informed decisions on the use of social media to protect the integrity of their cases. Continue reading

Surveying Survey Evidence

170588495Survey evidence can be very useful in some cases, but questions are growing about its reliability. By knowing the issues involved with surveys, you’ll be better able to successfully use or oppose survey evidence. Continue reading

A Picture Is Worth…a Winning Case?

crash_117459024Photographs are an important tool in personal injury cases. Photos can have a great impact on the jury—they may even help jurors understand the issues more clearly than any words you can speak. Continue reading

The When and How of Marking Exhibits

evidence_87349294The first step when you want to offer something into evidence at trial is to have it marked for purposes of identification. Do you know when and how to mark exhibits? Continue reading

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