How to Discuss Settlement in Your Fee Agreement

When handling a dispute, make sure that your fee agreement covers settlement. Here’s some sample language to get you started. Continue reading

7 Tips for Recording a Real Property Interest

Regardless of the type of interest, it’s absolutely crucial to record your client’s newly acquired real property interest. By recording the transfer, grantees, buyers, and lenders are protected against both future purchasers for value and unknown prior interests in the same property. Additionally, title insurance companies generally will only insure an interest if it’s recorded. These benefits may not attach, however, if the recordation—or the recorded instrument itself—was defective. Continue reading

How to Rehab Your Witness

What can you do if your witness’s truthfulness has been challenged? Use evidence of the witness’s prior consistent statement to rehabilitate your witness. Here’s how it’s done. Continue reading

Preparing a Revocable Trust? Prepare for a Malpractice Claim, Too

Documents about Legal Malpractice in a court.Even highly competent attorneys who conscientiously meet their responsibilities may face the threat of malpractice. And this threat is very real for attorneys who prepare revocable trusts.    Continue reading

5 Ways to Mess Up Active Listening

Active listening techniques are often lauded as indispensable in legal negotiations, and for good reason: You’re more likely to reach agreement if you can both understand and demonstrate your understanding to the other side. But there are some common ways that negotiators fail in their efforts to use active listening. Continue reading

Checklist to Ensure Compliance with Disability Discrimination Laws

Every employer should have a program in place to ensure compliance with the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). The following checklist of steps for employers to take could, at a minimum, constitute such a program. Continue reading

7 Questions to Answer Before Using Opinion Character Evidence

There are situations in which you may want to introduce opinion character evidence at trial. But before you use a character witness in a civil case, ask yourself the following questions. Continue reading

Preparing Deathbed Wills

When you have a client who is near death and wants you to prepare his or her will, you’ll have to act quickly. There won’t be time for a complete initial conference, careful tailoring of estate planning documents, and a methodical execution at your office. You’ll have to do only the essentials and in the shortest amount of time. These tips will help if you find yourself in this stressful situation. Continue reading

9 Things to Tell Your Witness Before Cross-Examination

Part of preparing your witnesses for trial testimony includes preparing them to be cross-examined. Witnesses often worry that trick questions will make them say the wrong thing or that they’ll be made to look foolish. Tell them the following and they’ll be ready to handle any cross-examination.

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