Deadlines for Motions to Compel

thinkstockphotos-471597236The timing of a motion to compel depends largely on whether responses have been served. Here’s a review of the timing in common situations and a handy chart with the time limits. Continue reading

4 Tips for Defining Contract Terms

thinkstockphotos-616226892When drafting a contract, make sure to give attention to the defined terms portion. Defined terms are important because they allow the use of short-form references for names, terms, and concepts that are frequently repeated in an agreement, thus saving space, improving readability, and assuring consistency. They also encourage the drafter to be precise in stating important concepts and procedures. Use these four tips next time you draft a contract. Continue reading

Who May Attend a Deposition?

thinkstockphotos-155804580Generally, depositions are a fairly intimate gathering with only the necessary attendees. But what do you do if you’re surprised by an unwelcome person who insists on being present? Continue reading

In Negotiations, Focus on Questions, Not Answers

ThinkstockPhotos-86808570Skilled negotiators focus more on questioning than on answering. Sharpen your negotiation skills with this review of effective questioning techniques and sample helpful questions. Continue reading

Tips for Doing Pro Bono Work from Someone in the Trenches

thinkstockphotos-178363193The following is a guest blog post by Richard M. Wilner, a founding shareholder and chair of the  Employment-based Immigration Practice Group of Wilner & O’Reilly in Orange County. Together with his partner Kelly S. O’Reilly—a former immigration officer—he helps lead a team of 14 lawyers dedicated exclusively to the practice of immigration law.

The great Winston Churchill said “We sleep safely at night because rough men stand ready to visit violence on those who would harm us.” Consequently, I believe there is no group more deserving of my time, at no charge, than the men and women who serve in the United States military. Whether representing military clients or otherwise, here are some things I’ve learned from years of doing pro bono legal work. 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

“I Moved This Much, Now You Move This Much”

negotiate_25114957When 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

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