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
Requests for admission are very valuable yet underutilized tools. They’re one of the best techniques to create admissible evidence for summary judgment and trial—make good use of them! Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: attorneys, discovery, litigation, pretrial, requests for admission, undisputed facts | 2 Comments »
Attorneys 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
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney work product, attorneys, consultants, expert advice, expert witnesses, litigation, privilege, trial, witness preparation | Leave a comment »
Feeling out of your element by the technical aspects of your personal injury case? Get a technical experts on your team! Here’s how technical experts can help in common personal injury cases, such as slip and fall, car accident, and product liability. Continue reading
Filed under: Legal Topics, Personal Injury, Tort Law | Tagged: attorneys, car accident, expert witnesses, personal injury, product liability, slip and fall, technical experts, trial attorneys, trial consultants | 1 Comment »
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 an attorney, you have a duty to do an adequate investigation before asserting any claim, but your investigation can’t intrude on others’ privacy rights. Getting public record information is one way to get what you need without a privacy problem. But what if the information isn’t available online or through a visit to a federal agency? Make a Freedom of Information Act request.