Outlining a Defense Opening Statement

Ythinkstockphotos-465858364our opening statement is an opportunity to be creative and show your personal style. But as defense counsel, there are points you’ll always want to make; using an outline will help you to stay focused and organized. Continue reading

How to Garnish Wages in California

thinkstockphotos-496583342You’re dealing with a debtor who won’t pay up and you decide to garnish his or her wages. It’s a very technical process, but these seven steps break it down. Continue reading

Handling Nonverbal Depo Responses

fingersUnless the deposition is video or audio recorded, the record won’t reflect nonverbal responses. This can be a problem if the nonverbal response is material. Here’s how it comes up and how you can deal with it. Continue reading

10 Steps to Impeaching a Witness with Prior Depo Testimony

steps_78288477A witness’s deposition can be used for impeachment (i.e., to attack the witness’s credibility) by showing that the testimony on the stand isn’t consistent with the deposition testimony or “for any other purpose permitted by the Evidence Code.” CCP §2025.620(a). The quoted language permits the deposition to be used to show both prior inconsistent statements (Evid C §1235) and prior consistent statements (Evid C §1236).  Next time you have depo testimony that will impeach a witness, follow these 10 steps. Continue reading

Lessons from Trump’s Depo: Come Prepared!

In his 2007 deposition in his suit against a reporter, Donald Trump encountered very prepared attorneys. As the Washington Post describes, they “confronted the mogul with his past statements—and with his company’s internal documents, which often showed those statements had been incorrect or invented.” Regardless of your politics or personal feelings, Trump’s deposition presents an excellent example of how to effectively cross-examine an adverse witness in a deposition. Continue reading

What to Tell Your Client When Litigation Is Over

ThinkstockPhotos-474217181When litigation is over and you’ve completed the representation, here’s what you need to tell your client. Continue reading

The Best Way to Attack an Opposing Expert

57277978You rarely want to attack an opposing expert witness directly. Your best bet during cross-examination is to use peripheral or tangential ways of assailing the expert’s views. Continue reading

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