Posted on September 26, 2014 by Julie Brook, Esq.
Often you can use more than one discovery method to get the same facts or evidence. You can take a pick-and-choose approach to your methodology, or better yet, use a coordinated approach that aims multiple discovery methods at the same evidence. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: civil discovery, demand for production of documents, depositions, discovery methods, interrogatories, litigation, pretrial discovery | 3 Comments »
Posted on September 24, 2014 by Julie Brook, Esq.
When parents don’t agree on a child custody issue, the parenting plan is the tiebreaker. Given this power, family law attorneys need to draft parenting plans with the utmost care to make sure that uncertainty and ambiguity don’t undermine the best intentions. Continue reading
Filed under: Divorce Law, Family Law, Legal Topics | Tagged: child custody, custody agreement, divorce, document drafting, mediation, parenting plan, visitation plan | 5 Comments »
Posted on September 22, 2014 by Julie Brook, Esq.
In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this advice and will use them against you. Here’s how to respond to opposing counsel’s in limine motion. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: evidence, excluding evidence, litigation, motion in limine, pretrial motion, trial | 3 Comments »
Posted on September 19, 2014 by CEB
The following is a guest blog post by Hon. Alan Pendleton, Tenth Judicial District Court Judge in Anoka, Minnesota and Gael B. Strack, JD, CEO and Co-Founder of the Family Justice Center Alliance in San Diego.
The arrests of Ravens running back Ray Rice and San Francisco 49er defensive tackle Ray McDonald have, once again, thrust the ugly specter of domestic violence into the forefront of American consciousness. One of the most terrorizing and lethal forms of violence used by men against their female intimate partners is strangulation. Strangulation is much more common and serious than professionals have realized. Judges and attorneys who deal with perpetrators and victims of domestic violence need to be well-versed in the facts about strangulation; the most effective weapon against domestic violence is education and training. Continue reading
Filed under: Criminal Law, Family Law, Legal Topics | Tagged: choking, domestic violence, lethal force, strangle, strangulation, Violence Against Women Act | 8 Comments »
Posted on September 17, 2014 by Julie Brook, Esq.
Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an exception applies. You may not have heard the term implied hearsay, but you’ve likely encountered it. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissible evidence, attorney, court, evidence, exceptions to hearsay rule, hearsay, implied hearsay, inadmissible evidence, trial | 1 Comment »
Posted on September 15, 2014 by Julie Brook, Esq.
A contract shouldn’t require a Latin-English dictionary to understand it! In fact, there’s generally no reason to use Latin terms or formal legal language (legalese) at all. Use plain English to be sure the contracts and other documents you’re writing are in a language that the parties can read and understand. Here’s a chart to keep handy next time you’re drafting a legal document (or to discreetly slip to a legalese-laden colleague). Continue reading
Filed under: Legal Writing, New Lawyers | Tagged: attorneys, contract drafting, legal drafting, legal writing, legalese, plain English | 8 Comments »