A contract shouldn’t require a Latin-English dictionary to understand it! In fact, there’s generally no reason to use Latin terms or formal legal language (legalese) at all. Use plain English to be sure the contracts and other documents you’re writing are in a language that the parties can read and understand. Here’s a chart to keep handy next time you’re drafting a legal document (or to discreetly slip to a legalese-laden colleague). Continue reading
One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying “No.” Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters, Young Lawyers | Tagged: attorney-client relationship, attorneys, business litigation, filing a lawsuit, litigation, new representation, personal injury, plaintiff's attorney | 1 Comment »
Seasoned litigators know how important it can be to have a good relationship with courtroom staff. Bringing holiday treats or morning coffee can certainly bolster that relationship, but is it ok to do?
As a matter of professional responsibility, California attorneys must avoid conflicts of interest with current and former clients. Beyond these ethical obligations, there are also practical reasons to avoid a new client who is or may be adverse to a current or former client. Continue reading
Filed under: Practice of Law, Young Lawyers | Tagged: adverse interests, attorney ethics, attorney-client relationship, California Rules of Professional Conduct, conflict check, conflict of interest, conflicts waiver, ethical wall | Leave a comment »
Making objections is a key skill for every trial attorney. The more you try cases, the more rote they become. But if you’re relatively new to the courtroom, or it’s been a while since you’ve been there, here’s a system for memorizing possible objections and having them at the tip of your tongue at trial. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy, Young Lawyers | Tagged: evidence, hearsay, Jury trial, litigation, trial attorney, trial objections | 5 Comments »