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6 Ways to Streamline Evidence

Posted on August 16, 2017 by Julie Brook, Esq.

Juries usually base their verdicts on a small number of crucial points. But lawyers tend to offer as much evidence as possible, believing this will make their case more convincing or fearing they’ll leave something out. Finding the fine line between making sure the point isn’t lost and losing the point by insulting jurors with repetition requires thought and preparation. Here are six methods for streamlining the evidence in your next trial. Continue reading →

Filed under: Evidence, Legal Topics, Litigation Strategy, Pretrial Matters, Trial Strategy | Tagged: , , , , , , , | Leave a comment »

Don’t Let Fake News Cynicism Get in the Way of Your Social Media Evidence

Posted on July 31, 2017 by CEB

The following is a guest blog post by Michelle Sherman. Michelle is the author of Winning with Social Media—A Desktop Guide for Lawyers Using Social Media in Litigation and Trial, a 2016 publication from the National Institute for Trial Advocacy. She has tried civil and criminal cases and is currently an in-house corporate legal counsel. She also is an adjunct professor at the University of Southern California Annenberg School for Communication and Journalism.

For anyone who likes to wake up on a Sunday by reading the newspaper, it’s a sad day that legitimate news organizations are under attack and the term “fake news” has become associated with them. Beyond the personal implications, this may also have negative effects on your law practice. More skeptical jurors may mean that you have to work harder to authenticate documentary evidence, particularly social media evidence.
Continue reading →

Filed under: Evidence, Legal Topics, Litigation Strategy, Social Media, Trial Strategy | Tagged: , , , | Leave a comment »

Do You Know When to Use a Subpoena?

Posted on July 26, 2017 by Julie Brook, Esq.

A “subpoena” is a writ or an order that compels a witness to either show up and testify or produce something. CCP §1985(a). You can use a subpoena in discovery or in a civil trial or hearing. Here’s a look at which type of subpoena to use in common situations. Continue reading →

Filed under: Civil Litigation, Discovery, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: , , , , , | 2 Comments »

4 Things Expert Witnesses Should Read Before Trial

Posted on July 17, 2017 by Julie Brook, Esq.

In addition to the file materials used in preparing for deposition—and that should be reviewed again for trial—there are at least four types of written materials that every expert witness should carefully read and analyze before testifying at trial. Continue reading →

Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: , , , , , , | Leave a comment »

Using the “Black Box” in a Car Accident Case

Posted on June 21, 2017 by Julie Brook, Esq.

One of the key parts of liability testimony in a car accident case is the chronology of the accident: the parties’ conduct before the impact, the impact, and conditions after impact. The parties are most likely to dispute the first part, making the car’s “black box” a potentially helpful source of evidence (but with its own pitfalls). Continue reading →

Filed under: Evidence, Legal Topics, Personal Injury, Tort Law | Tagged: , , , , , , , | Leave a comment »

Get Your Expert Involved with the Evidence

Posted on May 31, 2017 by Julie Brook, Esq.

Despite the political rhetoric, public confidence in scientists has “remained stable for decades.” You can bring this confidence into the courtroom through expert testimony based on the scientific method, i.e., physical observation and testing, not just untested hypotheses. Experts should be “hands on” when it comes to collecting and investigating physical evidence. Continue reading →

Filed under: Checklists, Evidence, Legal Topics | Tagged: , , , , , | 1 Comment »

3 Ways to Prove Former Testimony at Trial

Posted on May 17, 2017 by Julie Brook, Esq.

There are times you want to offer former testimony against a party to a former proceeding or against a party at the current trial who wasn’t a party to the former proceeding. There’s a hearsay exception for that, and here’s how you use it. Continue reading →

Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: , , , , , | 2 Comments »

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