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Protect Clients from Themselves

social_138282233A legal matter may be the most important thing happening in your client’s life, but you have to warn your client to avoid conversations about it on social media. Whatever they say online—no matter how innocently intended—can be found and used to undermine their position. Here are three things to tell clients about online communications. Continue reading

Under New Law, You Have the Right to a Reporter at Arbitration

thinkstockphotos-117631992The 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

“I Moved This Much, Now You Move This Much”

negotiate_25114957When 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

Litigators: Send These 5 Letters to Your Clients

92419672It’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

Which Contract Form Should You Use?

152110530Deciding 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

Chart: Compare Summary Judgment to Other Motions

Apple to OrangeWhen 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

Say It Early and Often

78724287The 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

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