Posted on January 27, 2017 by CEB
The following is a guest blog post by Joseph A. Goldstein. Mr. Goldstein is a litigator with The Goldstein Law Firm, representing employers in labor and employment law disputes, wage and hour class actions, and business disputes. He authored the resolution that ultimately became SB 1007.
Effective January 1, 2017, SB 1007 amended the California Arbitration Act to provide that any party to an arbitration has a right to require the presence of a certified shorthand reporter to transcribe at any deposition, proceeding, or hearing. CCP §1282.5. This law is important because it provides the opportunity for litigants to create an appellate record as well as increases transparency in the arbitration process. Here’s what you need to know about this new law. Continue reading
Filed under: Civil Litigation, Legal Topics, New Legal Developments | Tagged: arbitration, court reporter, new law | Leave a comment »
Posted on January 25, 2017 by Julie Brook, Esq.
When arguing over money, negotiators often put pressure on the side that’s conceded less by claiming that it is only “fair” for both sides to concede in roughly equal amounts. “Look how much we came down,” they will say. A variant of this strategy is the proposal to “split the difference” after you’ve negotiated for some time and then reached an impasse. Both tactics are difficult to resist. Here are a couple of considerations that may help you stand your ground. Continue reading
Filed under: Litigation Strategy, New Lawyers, Settlement Negotiation | Tagged: bargaining, hard negotiator, litigation, negotiation, settlement, settling a case, tactics | Leave a comment »
Posted on January 23, 2017 by Julie Brook, Esq.
It’s crucial that attorneys maintain regular and open communication with their clients. When it comes to litigation, communications often come in the form of status report letters. Here are 5 letters that litigators send to their clients and what to include in them. Continue reading
Filed under: New Lawyers, Practice of Law | Tagged: attorney, attorney-client communication, attorney-client relationship, law office policies, practice of law | Leave a comment »
Posted on January 20, 2017 by Julie Brook, Esq.
Deciding which form to use for your agreement will depend on several factors, including who the parties are, what they want to accomplish, their level of sophistication, and the amount of time and money they’re realistically willing to invest in the transaction. Here are five types of agreements to consider for your next client. Continue reading
Filed under: Business Law, Legal Topics, New Lawyers | Tagged: contract drafting, oral contract, printed form contract, writing a contract, written contract | Leave a comment »
Posted on January 18, 2017 by Julie Brook, Esq.
When considering whether to move for summary judgment or summary adjudication, always assess whether there are better procedures available for narrowing the issues or terminating the litigation. Keep the following chart handy to help you compare summary judgment and adjudication motions with alternative dispositive motions available under California law. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: demurrer, dispositive motions, motion to strike, pretrial motion practice, summary adjudication, summary judgment | 2 Comments »
Posted on January 13, 2017 by Julie Brook, Esq.
The most important concept to remember in organizing your statements to the jury, whether during opening statement or closing argument, is the “rule of primacy”: Jurors tend to believe what they hear first and most frequently. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: closing argument, Jury trial, opening statement, rule of primacy, trial attorney | 1 Comment »