Posted on August 29, 2014 by CEB
The following is a guest blog post by Norton Tooby, who has a national law practice in Oakland, California, providing expert consultation and representation on immigration consequences of criminal convictions, post-conviction relief, and criminal defense of noncitizens.
The Supreme Court has focused attention on the need to advise clients accurately on the specific immigration consequences of a guilty plea. Padilla v Kentucky (2010) 130 SCt 1473. But it’s also essential that defense counsel accurately advise clients about the sentencing consequences of his or her immigration status. Counsel must also do whatever is possible to prevent a defendant’s immigration status from destroying his or her opportunities for the alternatives to incarceration used in most criminal cases that result in sentences.
Filed under: Criminal Law, Legal Topics | Tagged: alternative sentencing, crimigration, criminal defendant, criminal law, defense counsel, ICE detention, ICE hold, immigration status, Padilla, sentencing | 7 Comments »
Posted on August 27, 2014 by Julie Brook, Esq.
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 | 2 Comments »
Posted on August 25, 2014 by Julie Brook, Esq.
A witness who would otherwise be incompetent because he or she can’t understand or speak English can be made effectively competent by using an interpreter. But what happens when the interpreter is accused of being incompetent? Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: competence, court interpreter, incompetent interpreter, interpreter, jury, testimony, translation, translator, trial, witness | 4 Comments »
Posted on August 22, 2014 by Julie Brook, Esq.
Last week on CEBblog™, we discussed the consequences of a defendant rejecting a settlement offer under CCP §998 and then getting creamed at trial. But §998 is an equal opportunity statute with consequences for plaintiffs too. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: attorney fees, CCP §998, litigation cost, offer to compromise, pretrial settlement, rejecting settlement offer, settlement offer | 3 Comments »
Posted on August 20, 2014 by Julie Brook, Esq.
Need to get business records into evidence? There’s a hearsay exception for that! The business records exception to the hearsay rule makes it easier for businesses to provide records during litigation without undue disruption. Here’s how to use it. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics | Tagged: business records, business records exception, evidence, exceptions to hearsay rule, hearsay, hearsay rule, introduction of evidence, trial attorney, trial exhibits, trial practice | 4 Comments »
Posted on August 15, 2014 by Julie Brook, Esq.