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 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 24, 2014 by Julie Brook, Esq.
You likely start out with credibility in the eyes of the judge. After all, you’re an officer of the court. But that initial benefit of the doubt can easily slip away, and once you’ve lost your credibility, the case may not be far behind. Continue reading
Filed under: Litigation Strategy, Practice of Law, Videos, Young Lawyers | Tagged: attorney, courtroom, credibility, judge, reputation, trial, trial skills | 1 Comment »
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 6, 2014 by Julie Brook, Esq.
When you start eliciting testimony on your expert witness’s qualifications, the other side may offer to “waive the testimony concerning qualifications” or concede that the witness is specially qualified to testify as an expert. It may seem like a gift horse—but it’s often a Trojan horse. Continue reading
Filed under: Litigation Strategy, Trial Strategy | Tagged: concede expert qualifications, evidence, expert witness, expert witness qualifications, Jury trial, offer to concede, trial, trial witness | Leave a comment »