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Get Your Expert Involved with the Evidence

Despite the political rhetoric, public confidence in scientists has “remained stable for decades.” You can bring this confidence into the courtroom through expert testimony based on the scientific method, i.e., physical observation and testing, not just untested hypotheses. Experts should be “hands on” when it comes to collecting and investigating physical evidence. Continue reading

5 Steps to Responding to a Deposition Notice

After receiving a deposition notice or subpoena, counsel should to take a careful look at the documents served and make decisions about how to proceed. To organize the process, follow these five steps. Continue reading

What CA Employers Need to Know About Using Foreign Labor Contractors

To combat the trafficking and exploitation of foreign workers, the California Legislature enacted SB 477 in 2014 to strengthen regulations on “foreign labor contractors” who recruit foreign workers to relocate to California. See Bus & P C §§9998–9998.11. The law put most of the compliance burden on the labor contractors, but there are implications for employers, too. Continue reading

5 Ways to Deal with the Family Home in Divorce

When dealing with a family home that’s entirely or substantially part of the parties’ community property, the facts of the situation will lead to taking one of the following five approaches in the divorce agreement. Continue reading

When Your Gut Says Not to Take a Case

You know how you get a “gut feeling” against someone or a situation? This can definitely happen in your law practice. It may be that your personal observations, discussions, or other interactions with a prospective client will lead you to believe that you couldn’t adequately represent the client, or that the client won’t cooperate with you on the matter. When you get that feeling and decide to heed it, here’s how to politely and effectively extricate yourself. Continue reading

3 Ways to Prove Former Testimony at Trial

There are times you want to offer former testimony against a party to a former proceeding or against a party at the current trial who wasn’t a party to the former proceeding. There’s a hearsay exception for that, and here’s how you use it. Continue reading

How to Keep Contracts Out of Court (Part 2)

The key to keeping contracts out of the courtroom is drafting them well and making sure that they accurately capture the parties’ intent. In Part 1 of this post, we discussed five common contract drafting mistakes and how to avoid them. Here are five more. Continue reading

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