Categories
Evidence Litigation Strategy Trial Strategy

Do You Need an Expert to Spot Insanity?

The general rule is that you need an expert witness to testify when the subject is “sufficiently beyond common experience that the opinion of that expert would assist the trier of fact.” Evid C §801(a). When it comes to a person’s sanity, you don’t always need an expert.

Categories
Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

Do’s and Don’ts for Expert Declarations in Support of Summary Judgment

The testimony of an expert in support of a motion for summary judgment or for summary adjudication of issues is usually presented through a declaration under penalty of perjury. CCP §2015.5. Here are five do’s and don’ts for these expert declarations.

Categories
Civil Litigation Discovery Legal Topics

How to Get California Public Records

The usual discovery requests don’t always get you what you need. Sometimes you’ll do better seeking a public record under the California Public Records Act (Govt C §§6250–6276.48). 

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Business Law Legal Topics New Legal Developments

What to Know Before Selling Food Made at Home

The cottage food industry—small batch food production from home—is growing, as are the related laws and regulations. Here’s what those who want to get in on the trend need to know.

Categories
Family Law Legal Topics

Does Child Support Change When Life Changes?

When a parent who pays child support loses a job or lands a much higher paying job can you get the child support order modified?

Categories
Evidence Legal Topics Litigation Strategy Trial Strategy

The Danger of Refreshing Recollection

Sometimes a witness needs documents to refresh his or her recollection. This can lead to a tough choice for attorneys.

Categories
Civil Litigation Legal Topics Legal Writing New Lawyers

4 Tips for Writing Better Briefs

Regardless of the subject matter and whether it’s a criminal or civil issue, these four tips will help you draft the strongest brief possible.

Categories
Estate Planning Legal Topics

Why You Shouldn’t Designate Cotrustees

When parents are considering whom to designate as successor trustee to administer their trust upon their death, they often consider making their adult children cotrustees. This may eliminate the parents’ stress of choosing among their children, but it often creates other stress for the children who are designated. It’s generally well-intentioned, but often a bad idea.

Categories
Legal Topics Public Law

How to Prepare a Writ Petition for Superior Court

Regardless of whether you go with the noticed motion procedure or the alternative writ procedure, when initiating a writ proceeding in superior court you start with a writ petition. Here’s how you draft one.

Categories
Legal Ethics New Lawyers Practice of Law

10 Tips for New Bloggers

Creating a blog to promote your law practice can be cheap in terms of money— you can start a free blog on sites like WordPress—but expensive in terms of your time and effort. Before starting a blog, be sure you have organizational support and time to maintain it. And then review these tips to make it a success.