You made a successful summary adjudication motion and you are itching to tell the jury about it at trial. Unfortunately, you are legally required to keep your lips sealed on the issue. But there may be a way to give the jury a heads up without running afoul of the law.
Filed under: Civil Litigation, Legal Topics, Litigation Strategy | Tagged: CCP §437c, jury, motion for summary adjudication, summary adudication, summary judgment | Leave a Comment »
Negotiations rarely proceed as smoothly or swiftly as we first envision. This is partially because settling a case requires finding a result that satisfies both parties, yet litigators are trained to be zealous advocates for their clients and their clients alone. Instead of thinking how much you can get for your client relative to how [...]
Filed under: Litigation Strategy, Practice of Law | Tagged: negotiation, problem-solving, settlement | 2 Comments »
Mediation has been increasingly used to resolve many types of legal disputes. And it’s no wonder why — mediation gives the parties an opportunity to settle the dispute without incurring substantial litigation expenses. Here are some tips to make your mediations as successful as they can be.
Filed under: Civil Litigation, Employment Law, Legal Topics, Litigation Strategy, Practice of Law | Tagged: alternative dispute resolution, mediation, strategies, tips | 4 Comments »
Right after the jury’s verdict has been recorded, the trial judge will tell the jurors that now they are free to discuss the case with anyone, including trial counsel. Don’t miss the chance to have these postverdict chats — they are very useful and may even be crucial.
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy | Tagged: interviewing jurors, jury, post-verdict | 1 Comment »
Electronically stored information is so easy to alter or delete without a trace, which is particularly challenging when that information is evidence in a lawsuit. How do you make sure that this virtual evidence stays put?
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy | Tagged: duty to preserve, electronically stored information, evidence, preservation of evidence, spoliation | 2 Comments »
According to at least one judge, most lawyers do a good job in their opening statements, direct examinations, and closing argument, but never learn the art of cross-examination. To master that art, lawyers need to give cross-examination the same attention they do other phases of trial.
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy | Tagged: cross-examination, expert witness, trial attorney, trial skills, witness | 1 Comment »
The following is from guest blogger Tommy Galan, a former trial attorney and the current Director of Corporate Programming at The Peoples Improv Theater in New York City, where he teaches Improv(ed) Legal Skills, a CLE that shows attorneys how to use the tool of improvisation. For six years, life has been nothing but eat, sleep [...]
Filed under: Litigation Strategy, Practice of Law | Tagged: attorneys, comedy, improv, improvisation, trial practice | 4 Comments »
Wedding planners always suggest creating a timeline of tasks to accomplish as the big day approaches. Breaking down tasks and assigning them a priority in the buildup to the wedding is both efficient and stress-reducing. Getting to trial can be as hard as getting to the altar, with just as many moving parts to juggle. [...]
Filed under: Civil Litigation, Litigation Strategy | Tagged: checklist, discovery, opening argument, pre-trial preparation, trial, trial preparation | 3 Comments »
When we think of attorneys and questions, images of courtroom witness examinations and jailhouse interviews come to mind. But for most attorneys, questions are more often asked during pre-litigation investigation, discovery, and settlement negotiations — all situations in which the attorney needs to gather information. To get the answers you want and need, you have to ask [...]
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Practice of Law | Tagged: deposition, discovery, negotiation, open-ended questions, questioning, settlement, witness | 3 Comments »
The eve of trial has finally arrived. Just one last proceeding before the big event: A final case management conference. Many courts require a final conference as a way of compelling the parties to complete many tasks that would otherwise take up time at trial. Even though you are in the midst of trial preparation, don’t overlook the importance [...]
Filed under: Civil Litigation, Legal Topics, Litigation Strategy | Tagged: case management conference, checklist, final case management conference, questions, trial preparation | Comments Off
