Can You Depose by Skype?

Can you depose via Skype? Short answer: Yes. But make sure that you follow the rules. Continue reading

Endless Summons: No Statute of Limitations on Spouse’s Claim for Breach of Fiduciary Duty

The appellate decision in Yeh v Tai (2017) 18 CA5th 953 completely misses the main issue in the case but still makes an important point about breach of fiduciary duty claims against a deceased spouse. Continue reading

5 Direct Examination Techniques You Should Be Using

When conducting direct examination of a party or witness, how you ask the questions can be as important as what you ask. Review and apply these five direct examination techniques every time. Continue reading

4 Things to Know About Discovery in a Limited Civil Case

Nearly every case in which the amount in controversy is less than $25,000 is a limited civil case. If you find yourself representing a party in a limited civil action, you need to know about the special discovery limitations in those cases and plan accordingly. Continue reading

Are You Showing Enough in an Offer of Proof?

attorney making offer of proof to judge at trialWhen the opposing side objects to your evidence or the judge rules your evidence inadmissible, it’s time to make an offer of proof to encourage the court to admit the evidence or reconsider its ruling. Here’s a handy table illustrating how much of a showing is necessary in an offer of proof. Continue reading

7 Steps Employees Must Take to Get Disability Accommodation

employee with disability taking steps to stay at workWhen an employee becomes disabled, it doesn’t necessarily mean that the employee can’t work anymore. There may be accommodations that will allow the employee to keep doing the job. To figure this out, the employee must first take these steps. Continue reading

Techniques Top Attorneys Use When Questioning an Expert

attorney going up a level in her deposition questioningWhen taking an expert’s deposition, you start with questions to learn everything that he or she thinks about the case and has done or plans to do in connection with it. Once that’s done, consider taking your questioning up a level with these three techniques. Continue reading

Know These Interpretation Principles Before You Draft a Contract

contract document drafted by attorney with interpretation principles in mindWhen a contract dispute arises, there may be differing interpretations of the contract terms. A court asked to construe the disputed terms will look to statutory principles. But don’t wait for a dispute to learn these principles—be aware of them when drafting an agreement to ensure that they won’t counteract your client’s intent.  Continue reading

How to Get Clients Involved in Discovery

lawyer making hand gesture inviting client's participation in discovery decisionsBefore you start discovery, you need to have a plan. Your client should be an integral part of that plan. Here are four ways to get your client involved in discovery decisions. Continue reading

8 Steps to Preparing a 3-Day Notice of Eviction

Preparing a 3-day notice to pay rent or quit? Use this checklist to be sure that you get the form and content of the notice right. Continue reading