Posted on January 18, 2017 by Julie Brook, Esq.
When 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
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: demurrer, dispositive motions, motion to strike, pretrial motion practice, summary adjudication, summary judgment | 2 Comments »
Posted on January 13, 2017 by Julie Brook, Esq.
The 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
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: closing argument, Jury trial, opening statement, rule of primacy, trial attorney | 1 Comment »
Posted on January 11, 2017 by Julie Brook, Esq.
Employers often set up an “introductory” or “probationary” period for initial evaluation of new employees. There’s often a performance evaluation at the end of this period, and employers may believe they have every right to let an employee go if this evaluation is negative. But watch out: Unless employers take the proper precautions, probationary periods may create implied contractual rights to employment on successful completion of the probationary period. In other words, employers may be stuck with the employee despite a poor post-probationary period evaluation. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: at-will employment, employee handbook, employee on probation, employment policies, human resources, implied contract, probationary period | 2 Comments »
Posted on January 9, 2017 by Julie Brook, Esq.
When a witness can’t understand or communicate in English, you need to get an interpreter. Evid C §752(a). It’s not as simple as just finding someone who speaks the same language as your witness. But getting the right interpreter is much easier if you follow these four tips. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: court interpreter, deposition, translator, trial, witness | 6 Comments »
Posted on January 6, 2017 by Robert Denham, Esq
How much is a fictitious brokerage account worth, and what happens when it loses value? The IRS and the Tax Court have struggled with issues arising from the Bernie Madoff scandal. The answer may depend on when (and how) you ask the question. Continue reading
Filed under: Estate Planning, Legal Topics, Tax Law | Tagged: estate tax, IRS, Madoff, tax court | Leave a comment »
Posted on December 21, 2016 by Julie Brook, Esq.
Were you able to keep track of the new legislative changes that will affect California civil litigators? Don’t worry, we did and here’s an overview of some of the key statutory changes you need to know about. Continue reading
Filed under: Civil Litigation, Legal Topics, New Legal Developments | Tagged: arbitration agreements, e-filing, electronically stored information, expert witness, new legislation, Sex offense perpetrators | Leave a comment »
Posted on December 19, 2016 by Julie Brook, Esq.
The California legislature has enacted several new laws that may affect your family law practice. Here’s an overview of some of the key statutory changes you need to know about. Continue reading
Filed under: Family Law, Legal Topics, New Legal Developments | Tagged: divorce, legal separation, New Legal Developments, new statutes, proxy marriage, surrogacy | Leave a comment »