Ever Heard of Implied Hearsay?

101771660Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an exception applies. You may not have heard the term implied hearsay, but you’ve likely encountered it. Continue reading

5 Rules to Minimize Expert Contamination

181587139Attorneys 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

What to Do about an Incompetent Interpreter

455104761A 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

Direct Examination Crisis Control

57277978Sometimes, despite careful preparation by counsel and the witnesses, direct examination unravels. But if you’ve reviewed these crisis control techniques, you’ll be ready when a problem presents itself during your direct. Continue reading

Are Two (or More) Experts Better Than One?

sb10063567v-001Should you hire multiple experts on the same topic? There are some very good reasons to use this strategy. Continue reading

Calming a Client Before Cross

469790631For many people—especially avid courtroom drama watchers—the anticipation of being cross-examined is terrifying. If your client is one of these people, try these calming techniques. Continue reading

Do’s and Don’ts of Juror Contact

10tips_22573018Not surprisingly, California’s legal ethics rules have a lot to say about how attorneys relate to jurors. Here are 5 do’s and don’ts when it comes to attorney-juror interaction. Continue reading

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