Checklist: Summary Judgment Motion Deadlines

Summary judgment and summary adjudication motions are the most difficult and time-consuming motions that can be filed with the court. Use this checklist to make sure that you meet the key deadlines. Continue reading

How to Get Clients Involved in Discovery

lawyer making hand gesture inviting client's participation in discovery decisionsBefore you start discovery, you need to have a plan. Your client should be an integral part of that plan. Here are four ways to get your client involved in discovery decisions. Continue reading

How To Effectively Cite Authority: Tips from a Judge

woman with thumb up because she knows how to cite authority in her motion papersHow you include legal citations in a motion’s supporting memorandum can make the difference between being successfully persuasive and losing credibility. Continue reading

How to Keep Contracts Out of Court (Part 2)

The key to keeping contracts out of the courtroom is drafting them well and making sure that they accurately capture the parties’ intent. In Part 1 of this post, we discussed five common contract drafting mistakes and how to avoid them. Here are five more. Continue reading

How to Keep Contracts Out of Court (Part 1)

The only contracts that see the inside of a courtroom are those that are poorly drafted or don’t accurately capture the parties’ intent. Here are five contract drafting mistakes and how to avoid them. Continue reading

Are Insurance Agreements Discoverable?

The existence of insurance is often key to a lawsuit and one of the first orders of business in discovery. There are statutory provisions allowing for discovery of the existence and contents of insurance agreements—as well as limits on it. 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

“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

6 Reasons to Use Interrogatories

ThinkstockPhotos-494315642Interrogatories are the discovery workhorse, with at least six major strengths. Consider the following benefits of propounding interrogatories as you plan discovery for your case. Continue reading

Tips for Dealing with a Difficult Deponent

200397990-001If you take depositions, it’s inevitable that you’ll encounter deponents who are difficult to question. In addition to maintaining a professional manner, consider using one or more of the following strategies, based on the difficulty you’re facing. Continue reading