Posted on January 25, 2017 by Julie Brook, Esq.
When arguing over money, negotiators often put pressure on the side that’s conceded less by claiming that it is only “fair” for both sides to concede in roughly equal amounts. “Look how much we came down,” they will say. A variant of this strategy is the proposal to “split the difference” after you’ve negotiated for some time and then reached an impasse. Both tactics are difficult to resist. Here are a couple of considerations that may help you stand your ground. Continue reading
Filed under: Litigation Strategy, New Lawyers, Settlement Negotiation | Tagged: bargaining, hard negotiator, litigation, negotiation, settlement, settling a case, tactics | Leave a comment »
Posted on January 23, 2017 by Julie Brook, Esq.
It’s crucial that attorneys maintain regular and open communication with their clients. When it comes to litigation, communications often come in the form of status report letters. Here are 5 letters that litigators send to their clients and what to include in them. Continue reading
Filed under: New Lawyers, Practice of Law | Tagged: attorney, attorney-client communication, attorney-client relationship, law office policies, practice of law | Leave a comment »
Posted on January 20, 2017 by Julie Brook, Esq.
Deciding which form to use for your agreement will depend on several factors, including who the parties are, what they want to accomplish, their level of sophistication, and the amount of time and money they’re realistically willing to invest in the transaction. Here are five types of agreements to consider for your next client. Continue reading
Filed under: Business Law, Legal Topics, New Lawyers | Tagged: contract drafting, oral contract, printed form contract, writing a contract, written contract | Leave a comment »
Posted on January 18, 2017 by Julie Brook, Esq.
When considering whether to move for summary judgment or summary adjudication, always assess whether there are better procedures available for narrowing the issues or terminating the litigation. Keep the following chart handy to help you compare summary judgment and adjudication motions with alternative dispositive motions available under California law. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: demurrer, dispositive motions, motion to strike, pretrial motion practice, summary adjudication, summary judgment | 2 Comments »
Posted on January 4, 2017 by Julie Brook, Esq.
“[T]he dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Cal Rules of Ct 3.1332(a). But things come up, and attorneys sometimes need to request a continuance of the trial date. Here’s how it’s done. Continue reading
Filed under: Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: continuing the trial date, ex parte application, motion for a continuance, trial attorney, trial calendar, trial date continuance | 3 Comments »
Posted on December 5, 2016 by Julie Brook, Esq.
Your client is the subject of an agency investigation, accusation, or statement of issues on a license, benefit, or other matter. The timeline for filing your response is typically short, so you’ll have to move fast. Here are the first steps you should take. Continue reading
Filed under: Legal Topics, New Lawyers, Public Law | Tagged: administrative action, administrative hearing, defending in administrative action, license discipline, loss of benefits | Leave a comment »