Mini Opening for Voir Dire

jdopening_12384583As they say, never miss a chance to make a good first impression. If the judge permits it, take the opportunity to address prospective jurors before the oral questioning phase of the voir dire has begun. There are many advantages to the mini-opening statement and little downside.  Continue reading

How to Get the Depo Testimony You Need for Summary Judgment

158557319It’s easy to fall into the trap of not nailing things down in deposition as well as you thought you did. Check out one expert’s advice for getting the deposition testimony you’ll need for your summary judgment motion. Continue reading

Mining for Gold in Medical Records: Five Tips for Defense Counsel

136502544The following is a guest blog post by Lynn Hollenbeck. Lynn is a litigation attorney with Bunting Drayton & Alward in San Francisco, with expertise in premises defense, insurance defense, asbestos defense, and construction defect.

For defense counsel, plaintiff’s medical records often contain unexpected sources of information beyond examination findings, diagnoses, and prognoses. You may not find the dispositive document that disproves causation, but the records can bolster other issues in the case. Continue reading

Avoid Using Trial Objections When Defending a Deposition

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The following is a guest blog post by Micha Star Liberty. Micha represents plaintiffs in cases involving unlawful employment practices, personal injury and mass tort, defective products, civil rights, discrimination, antitrust violations, and consumer protection. She has offices in San Francisco and Oakland.

If you’re defending your client’s deposition and you have a problem with some of the questions the other attorney is asking, you’ll likely be tempted to object, as you do in court. But remember that there are different rules for objections in court versus in a deposition. Continue reading

Your Trial Notebook Starts with Your Files

files_163042Not sure where to begin on your trial notebook? Start with your office files. Continue reading

Checklist for Responding to a Noticed Motion

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Law and motion practice is the nuts and bolts of litigation and fertile ground for training new attorneys. To make sure you don’t miss anything the next time you’re hit with a notice of motion, here’s a handy checklist to use. Continue reading

Consulting a Consultant

158183881Do you know the difference between a consultant and an expert witness? You should—it could be to key to a successful case. Continue reading

When the Judge Won’t Budge

164569828You’ve tried to disqualify the judge in your case, but the judge won’t budge. What do you do? In California, you file a writ petition. Continue reading

Logging Your Privilege Claims

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Navigating a Potentially Polluted Jury Pool

2013-07-Polluted-Jury-78724273Issues around pretrial publicity polluting the jury pool were at the forefront in the recent case against Floridian George Zimmerman for the killing of an unarmed teenager. Attorneys handling high-profile cases are presented with a dilemma during voir dire: should they ask about pretrial publicity or not? Continue reading

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