Checklist for Disputes Over a Neighbor’s Home Business

home businesses may cause disputes with neighborsA home may be a person’s castle, but it can’t always be his or her office. More home-based businesses (including short-term rentals and home food production) means more neighbor disputes. Here’s a look at what constitutes a home business and a checklist to review whenever you’re asked to consider a dispute involving one. Continue reading

The Benefit of an Effective Medical Expert: More Money

get bigger verdict when using effective medical expert witnessThere’s a definite correlation between the size of personal injury verdicts and the effectiveness of testimony by medical experts. Well-prepared and well-presented medical testimony carries weight and convinces triers of fact. The recent $289 million verdict against Monsanto may be an example. Continue reading

Don’t Miss a Crucial Follow-Up Question

You prepare deposition or investigation questions in advance, but it’s the follow-up questions—often crafted on the fly—that may be the most important. Indeed, Michael Cohen’s lawyer Lanny Davis said that members of the Senate Intelligence Committee failed to ask the right “follow-up questions” when Cohen appeared before them last year and therefore failed to elicit crucial answers. Don’t make that mistake! Continue reading

What to Tell Clients When Discovery Starts

starting discovery responsesOnce discovery starts, you’ll need to contact your client to help with responses. Here’s a sample letter to explain what is happening and what you need from your client. Continue reading

When Can You Discover Private Information?

Even when a litigant can’t assert a statutory privilege, private matters may nonetheless be protected from discovery under the constitutional right of privacy. Balancing the privacy interest at stake against the need for discovery has always been a difficult task. But a recent California Supreme Court  case, Williams v Superior Court (2017) 3 C5th 531, has clarified the proper analysis to use.

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Checklist: Procedures for Interrogatories

checklist to use for interrogatory proceduresKeep this checklist handy the next time you’re propounding or responding to interrogatories—whether it’s your first time or you’re so familiar with the procedures that you just might accidentally skip something. Continue reading

3 Questions to Ask Every Expert Witness at Deposition

three questions to ask an expert witness in a depositionAt an expert’s deposition, questions are primarily focused on the expert’s qualifications and opinions. But don’t forget to ask these three questions—you may be very pleased with the responses you get. Continue reading

How to Handle Abusive Deposition Tactics

lawyer stopping abusive behavior at a depositionConduct enough depositions and you’re bound to see abusive tactics by some opposing counsel. Here are five ways to effectively deal with the most common abuses attorneys experience during depositions. Continue reading

3 Tips for Plaintiff’s Closing Argument

plaintiff's lawyer talking to jury during closing argumentA plaintiff‘s closing argument must focus on linking the plaintiff’s claims to the evidence. However when a jury is involved, you’ll need to do more than that. Here are three tips from expert trial attorneys for an effective closing argument. Continue reading

How to Tell Litigation Clients to Preserve Digital Information

Did you know that California attorneys have a duty to tell their litigation clients that they must maintain and preserve electronically stored information?  Here’s what to say. Continue reading