4 Things to Know About Exchanging Expert Witness Information

handing document with expert witness informationIf a party serves a timely demand to exchange expert witness information under CCP §2034.210(a), the exchange becomes mandatory and failure to participate in the exchange will preclude a party from offering expert testimony in the case. Perry v Bakewell Hawthorne, LLC (2017) 2 C5th 536, 543. The exchange of expert witness information has specific requirements that can trip you up. Review these four points and you’ll know what to do. Continue reading

Checklist: Summary Judgment Motion Deadlines

Summary judgment and summary adjudication motions are the most difficult and time-consuming motions that can be filed with the court. Use this checklist to make sure that you meet the key deadlines. Continue reading

Can Employers Control How Employees Take Vacation?

employee leaving work to go on vacationCalifornia employers have considerable control over when and how employees use their accrued vacation time, but there’s a major caveat. Continue reading

Can You Depose by Skype?

Can you depose via Skype? Short answer: Yes. But make sure that you follow the rules. Continue reading

Endless Summons: No Statute of Limitations on Spouse’s Claim for Breach of Fiduciary Duty

The appellate decision in Yeh v Tai (2017) 18 CA5th 953 completely misses the main issue in the case but still makes an important point about breach of fiduciary duty claims against a deceased spouse. Continue reading

5 Direct Examination Techniques You Should Be Using

When conducting direct examination of a party or witness, how you ask the questions can be as important as what you ask. Review and apply these five direct examination techniques every time. Continue reading

The Key to Increasing Lawyer Productivity

lawyers can increase their productivityThe following is a guest blog post by Ritu Goswamy, Esq. Ritu is a lawyer, author, and legal productivity consultant. Ritu’s first book, The New Billable Hour: Bill More Hours, Be More Productive, and Still Have Work-Life Balance, is available for free by emailing her at ritu[at]newbillablehour.com.

“Productivity” is defined as the measure of output per unit of input. To get an increase in productivity, you need greater input efficiency. Here’s how lawyers can apply this principle to increase their productivity and make their practice more rewarding on every level. Continue reading

4 Things to Know About Discovery in a Limited Civil Case

Nearly every case in which the amount in controversy is less than $25,000 is a limited civil case. If you find yourself representing a party in a limited civil action, you need to know about the special discovery limitations in those cases and plan accordingly. Continue reading

Do You Know When an Oral Fee Agreement is Enough?

lawyer trying to remember all of the circumstances in which an oral fee agreement is okayAlthough you should always memorialize your attorney-client fee agreements in writing, there are some limited circumstances in which an oral agreement covering attorney fees is legally permissible. How many of those circumstances can you identify? Continue reading

Are You Showing Enough in an Offer of Proof?

attorney making offer of proof to judge at trialWhen the opposing side objects to your evidence or the judge rules your evidence inadmissible, it’s time to make an offer of proof to encourage the court to admit the evidence or reconsider its ruling. Here’s a handy table illustrating how much of a showing is necessary in an offer of proof. Continue reading