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

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

4 Things to Know About Exchanging Expert Witness Information

handing document with expert witness informationIf a party serves a timely demand to exchange expert witness information under CCP §2034.210(a), the exchange becomes mandatory and failure to participate in the exchange will preclude a party from offering expert testimony in the case. Perry v Bakewell Hawthorne, LLC (2017) 2 C5th 536, 543. The exchange of expert witness information has specific requirements that can trip you up. Review these four points and you’ll know what to do. Continue reading

Can You Depose by Skype?

Can you depose via Skype? Short answer: Yes. But make sure that you follow the rules. Continue reading

4 Things to Know About Discovery in a Limited Civil Case

Nearly every case in which the amount in controversy is less than $25,000 is a limited civil case. If you find yourself representing a party in a limited civil action, you need to know about the special discovery limitations in those cases and plan accordingly. Continue reading