Posted on October 2, 2015 by Julie Brook, Esq.
It is a popular fallacy that if testimony is given on a subject during direct examination, this will “open the door” to unrestricted cross-examination about that matter; making evidence admissible that would otherwise be inadmissible. This is actually only true in certain limited circumstances. Continue reading
Filed under: Litigation Strategy, Trial Strategy | Tagged: admissible evidence, attorney, cross-examination, direct examination, inadmissible evidence, opening the door exception, questioning a witness, testimony, trial, witness | Leave a comment »
Posted on August 17, 2015 by Julie Brook, Esq.
You have an expert witness set to testify on your client’s behalf. Never undermine the impact your expert’s testimony can have on your case. Don’t let him or her bore the jury—present your expert in the most positive and effective light possible. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: direct examination, expert witness, trial | 1 Comment »
Posted on June 24, 2015 by Julie Brook, Esq.
Any trial strategy should incorporate the mundane. Not only must you get to court on time, but everything you need to try the case also has to be there, at your fingertips. Here are four things you should consider and arrange for before you head to court. Continue reading
Filed under: Litigation Strategy, Trial Strategy, Uncategorized | Tagged: attorneys, courtroom, trial, trial documents, trial preparation, trial strategy, trial subpoena | Leave a comment »
Posted on June 12, 2015 by Julie Brook, Esq.
In the past, most California superior courts routinely held trial-setting, pretrial, arbitration status, and status conferences. Delay reduction rules put a stop to this practice, consolidating all of these into a comprehensive conference that occurs in the first 180 days after the complaint is filed. Cal Rules of Ct 3.721. And woe to any attorney who comes to the conference unprepared! Take some of the stress out of preparing for your next case management conference by using these four steps. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics, Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: case management conference, litigation, pretrial conference, status conference, trial | Leave a comment »
Posted on May 20, 2015 by Julie Brook, Esq.
Almost every case has problems—sometimes they are analogous to bombs waiting to drop on your case. The key is whether you show them to the jury and simultaneously defuse them, or whether the opposition drops them with glee. Continue reading
Filed under: Legal Topics, Litigation Strategy, Trial Strategy | Tagged: Jury trial, opening argument, presenting case, trial, trial attorney, trial preparation, trial skills | 3 Comments »
Posted on March 16, 2015 by Julie Brook, Esq.
As plaintiff’s counsel, you always want to analyze how best to present your client’s case in the most efficient and persuasive way. Sometimes doing that means dismissing certain parties or causes of action. But such tactical dismissals aren’t without risk. Here’s a list of questions to ask yourself when deciding whether or not to dismiss. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: causes of action, dismissal, litigation, motion to dismiss, pretrial motions, trial | 3 Comments »
Posted on March 4, 2015 by Julie Brook, Esq.
It may not be favored by courts or be the parties’ preference, but there’s a place for evidence to be admitted for a limited purpose. It can be seen as either a creative solution to an evidence admissibility problem or a way around the rules, depending on your perspective. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, evidence, jury, limited admissibility, limited purpose, limiting instruction, trial | Leave a comment »