Service of Process via Twitter?

thinkstockphotos-500091191For a judgment to be entitled to full faith and credit, the defendant must be served in a way that’s reasonably calculated to give actual notice of the proceedings and an opportunity to be heard. Milliken v Meyer (1940) 311 US 457, 463. But how do you serve a defendant you can’t find? Personal service and service by mail are obviously off the table. You’re left with service by publication. Newspapers were the standard for this method, but Twitter and other social media platforms may be the modern version of the local paper. Continue reading

4 Tips to Get the Jury Excited About Your Expert

thinkstockphotos-537972277Don’t treat the qualification of your expert as a mere formality. The expert’s qualifications should convince jurors that they’re fortunate to have someone as qualified as the expert to assist them in deciding the case and that your expert is better qualified than the opposing one. Continue reading

Don’t Take a Defendant’s Case Until Considering These Factors

Woman in white is thinking. Pros and cons concept.Plaintiff’s counsel always needs to consider whether the cost of litigation to the client is likely to outweigh the gain. Defense counsel needs to do a similar analysis: Consider whether the pros of taking a defendant’s case are outweighed by the cons. Continue reading

Don’t Let Your Witness Look Like a Liar

noseJurors have been bombarded with information about “body language.” This information is joined by common folklore about tell-tale signs of falsehood. Here are five things to practice with your witnesses to keep their body language consistent with their truthful testimony.

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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

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