Refreshing Recollection in Court

469708075It’s common for witnesses forget facts while testifying—often due to nerves and sometimes due to selective memory. The good news is that you can use almost any item to refresh a witness’s recollection. Continue reading

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

Don’t Let Your Argument Get Personal

arbitration_104240128Although the permissible scope of counsel’s discussion and argument before a jury is broad, personal attacks on opposing parties or their counsel is never ok. Doing so opens you up to successful objections, makes you look like a jerk to the jury, and may lead to you losing your case. Continue reading

10 Tools for a Successful Depo Examination

177779585We all develop our own deposition style, but there are certain basic tools that every lawyer should have in his or her repertoire. Here are 10 examination techniques to consider adding to your tool belt before your next deposition. Continue reading

When It’s OK to Lead on Direct

court_57280447Litigators learn early that you can’t use leading questions during direct examination. But that’s not always true. You can ask leading questions on direct or redirect examination in certain “special circumstances where the interests of justice otherwise require.” But what circumstances are those? Continue reading

Did You Know You’re in the Service Industry?

Thought law practice was all about the law? Think again. Your practice is like any other business—you need to offer excellent customer service to be a success. Here are some tips to help you master the art of customer service. Continue reading

The MCLE Compliance Race Is On!

148743755The California State Bar’s MCLE compliance deadline is coming up—this time for last names beginning with N-Z. State Bar prosecutors have and will pursue discipline against attorneys who don’t comply, so make sure you don’t get caught short on MCLE hours. Continue reading

Mindfulness for Lawyers

153550692Stress and the practice of law often go hand in hand. We all know that stress can have very negative effects on our health and wellbeing. As a lawyer, you owe it to yourself and your clients to avoid the burnout that results from chronic stress. Mindfulness is an effective way to do just that. 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

Don’t Go There in Your Closing

158997762Closing argument gives you a chance to restate the primary issues, summarize the evidence, and explain the law. You’ve got wide latitude in making your closing argument, but don’t let this freedom lull you—there are some things you just can’t say in your closing. Continue reading

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