How to Prepare a Trial Outline

ThinkstockPhotos-459334539Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. Continue reading

Settling Employment Cases: Think Beyond Money

thinkstockphotos-512549722When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the parties to agreement. And how money is paid out can also be a good bargaining chip. Continue reading

4 Steps to Deciding How and When to Present Evidence

Your objective is to determine how and when to present each witness, exhibit, and other item of evidence most persuasively during trial. The key to meeting this objective is breaking it down into these four steps. Continue reading

How to Get Reciprocal Contractual Attorney Fees

ThinkstockPhotos-464825589It’s like magic: California’s CC §1717 transforms a unilateral attorney fee provision in a contract into a reciprocal one! When the contract provides for attorney fees to either a particular party or the prevailing party, the prevailing party “on the contract” is entitled to recover reasonable attorney fees regardless of whether that party was the party specified in the contract. But taking advantage of this statute depends on meeting the following five requirements. Continue reading

4 Tips for Handling Exhibits at Deposition

463413901When it comes to deposition exhibits, you need to keep your eye on the trial: Make sure they are marked, identified, and attached to the deposition transcript. Here are four tips for handling depo exhibits.  Continue reading

Protect Clients from Themselves

social_138282233A legal matter may be the most important thing happening in your client’s life, but you have to warn your client to avoid conversations about it on social media. Whatever they say online—no matter how innocently intended—can be found and used to undermine their position. Here are three things to tell clients about online communications. Continue reading

Under New Law, You Have the Right to a Reporter at Arbitration

thinkstockphotos-117631992The following is a guest blog post by Joseph A. Goldstein. Mr. Goldstein is a litigator with The Goldstein Law Firm, representing employers in labor and employment law disputes, wage and hour class actions, and business disputes. He authored the resolution that ultimately became SB 1007.

Effective January 1, 2017, SB 1007 amended the California Arbitration Act to provide that any party to an arbitration has a right to require the presence of a certified shorthand reporter to transcribe at any deposition, proceeding, or hearing. CCP §1282.5. This law is important because it provides the opportunity for litigants to create an appellate record as well as increases transparency in the arbitration process. Here’s what you need to know about this new law. Continue reading

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