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

Dealing with a Deponent’s Sudden Memory Loss

ThinkstockPhotos-162286894Witnesses at deposition are prone to suffer from severe memory loss. Luckily, there are some effective restoratives you can use. Continue reading

Production Problems: Formatting E-Data

ThinkstockPhotos-164446354Producing electronic data in discovery can be complicated by format issues: How do you determine which format to use? Continue reading

Judge’s Advice for Thriving in Complex Litigation

87524559Some civil cases are more complex than others and benefit from direct, intensive judicial management. That’s where complex litigation departments come in: they allow the parties and courts to work together to find practical solutions to the difficult procedural and substantive issues in complex cases. Here’s advice on how to efficiently and effectively handle complex litigation cases from Hon. Richard A. Kramer (Ret.), who presided over cases in San Francisco Superior Court’s Complex Litigation Department until 2015.

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4 Tips for Contention Interrogatories

ThinkstockPhotos-486765445Interrogatories may be the only discovery procedure that can be used to discover a party’s contentions. You can use them to ask an opponent to state whether he or she makes a particular legal contention, to state the factual basis for the contention, and to identify any witnesses or documents supporting the contention. But before you draft your next set of contention interrogatories, review these four tips. Continue reading

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