• The Basics 2017: Estate Planning

  • Categories

  • Archives

  • © The Regents of the University of California, 2010-2017. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

6 Ways to Streamline Evidence

Juries usually base their verdicts on a small number of crucial points. But lawyers tend to offer as much evidence as possible, believing this will make their case more convincing or fearing they’ll leave something out. Finding the fine line between making sure the point isn’t lost and losing the point by insulting jurors with repetition requires thought and preparation. Here are six methods for streamlining the evidence in your next trial. Continue reading

Revocation-on-Divorce Statute May Have Retroactive Reach

When the marriage is over, former spouses usually want their property to go somewhere else when they die. At least the revocation-on-divorce statute assumes this is so and renders transfers made to the other spouse null and void. The statute became effective in 2001, but it now looks like it may affect transfers made before then. Continue reading

Unlimited Vacation?

Some employers have stopped giving exempt employees a specific amount of vacation each year and have instead adopted “unlimited vacation” policies. This sounds like great news for employees, but it may actually be better news for employers. Continue reading

How to Handle Improper Coaching at Deposition

One of the common problems at deposition is improper coaching of the deponent by counsel. If you’re the examining attorney, there are three steps you can take to handle this situation. Continue reading

10 Steps to Take Before Drafting a Contract

How can you streamline your contract drafting time and create a better document? Prepare. For all types of transactions, the time spent organizing and guiding the drafting and closing process will save actual drafting time and will help produce more accurate, understandable, effective, and comprehensive documents. Follow these ten steps for success in any business transaction.

Continue reading

Don’t Let Fake News Cynicism Get in the Way of Your Social Media Evidence

The following is a guest blog post by Michelle Sherman. Michelle is the author of Winning with Social Media—A Desktop Guide for Lawyers Using Social Media in Litigation and Trial, a 2016 publication from the National Institute for Trial Advocacy. She has tried civil and criminal cases and is currently an in-house corporate legal counsel. She also is an adjunct professor at the University of Southern California Annenberg School for Communication and Journalism.

For anyone who likes to wake up on a Sunday by reading the newspaper, it’s a sad day that legitimate news organizations are under attack and the term “fake news” has become associated with them. Beyond the personal implications, this may also have negative effects on your law practice. More skeptical jurors may mean that you have to work harder to authenticate documentary evidence, particularly social media evidence.
Continue reading

When and Where Should You Define Terms in a Will

When the meaning of a term significantly affects the will’s interpretation and a misunderstanding may lead to confusion, conflict, or even litigation, consider including a bespoke definition clause. The definitions should provide the personal representative (or testamentary trustee) with clear directions for the distribution even though many years may have passed between the execution of the will and the testator’s death. Continue reading

%d bloggers like this: