Posted on August 27, 2014 by Julie Brook, Esq.
Attorneys risk expert contamination when they provide information to an expert about a case. Although you need to discuss the case candidly and openly with your expert, you don’t want to contaminate the expert with information on the case’s weaknesses and problems. Five simple rules will help you minimize the risk of unnecessarily imparting harmful information to your expert. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney work product, attorneys, consultants, expert advice, expert witnesses, litigation, privilege, trial, witness preparation | Leave a comment »
Posted on August 25, 2014 by Julie Brook, Esq.
A witness who would otherwise be incompetent because he or she can’t understand or speak English can be made effectively competent by using an interpreter. But what happens when the interpreter is accused of being incompetent? Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: competence, court interpreter, incompetent interpreter, interpreter, jury, testimony, translation, translator, trial, witness | 1 Comment »
Posted on August 22, 2014 by Julie Brook, Esq.
Last 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
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: attorney fees, CCP §998, litigation cost, offer to compromise, pretrial settlement, rejecting settlement offer, settlement offer | 2 Comments »
Posted on August 15, 2014 by Julie Brook, Esq.
Posted on August 8, 2014 by Julie Brook, Esq.
Right 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
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: appeals, court reporter, judge's chambers, litigation, preserving the record, pretrial communication, pretrial conference, trial, trial attorneys | Leave a comment »
Posted on August 6, 2014 by Julie Brook, Esq.
In the vast majority of cases, there are more options for settlement than meet the eye. Having more options on the table increases the likelihood of finding one that is mutually acceptable. This is your chance to get creative! Continue reading
Filed under: Litigation Strategy, Settlement Negotiation | Tagged: litigation, negotiation, settlement, settlement agreement, settling a case | 1 Comment »
Posted on August 4, 2014 by Julie Brook, Esq.
Your client lost in the trial court. Should you appeal? A key basis for appeal is that the trial court’s ruling on a question of fact was erroneous. Here’s how to go about identifying a factual determination that might form the basis of an appeal. Continue reading
Filed under: Appeals, Litigation Strategy | Tagged: appeal, appealing a verdict, appellate counsel, deciding to appeal, factual determination, filing an appeal, grounds for appeal, litigation, trial attorney, trial court error | Leave a comment »