Categories
Civil Litigation Criminal Law Legal Topics Litigation Strategy Trial Strategy

Object with Care During Closing

57280160Attorneys have a lot of latitude in making their closing argument, but there are nonetheless impermissible arguments during closing and thus openings for opposing counsel to object. Even if you’re right, objecting during a closing may not be a smart move.

Categories
Civil Litigation Legal Topics Litigation Strategy New Lawyers Pretrial Matters

Consulting a Consultant

158183881Do you know the difference between a consultant and an expert witness? You should—it could be to key to a successful case.

Categories
Litigation Strategy Trial Strategy

How to Deal with an Evasive Witness

witness_78724356Every trial has at least one evasive witness. Either control an evasive witness, or you’ll find that success in the case will evade you as well.

Categories
Business Law Civil Litigation Legal Topics

Educate Before You Litigate

lawsuit_87717735When representing a business itching to file a lawsuit, always remember that the client is engaged in a commercial business—not in the business of litigating. Start by educating your business clients on the possible consequences of litigation.

Categories
Checklists Civil Litigation Discovery Legal Topics

That’s Privileged! Claiming Privilege in a Deposition

depo_118935384Many experienced attorneys believe that the claim of privilege is the only appropriate objection to a deposition question’s substance and raising any other objection risks educating examining counsel. Do you know all the possible privilege claims and how to respond when a question violates one of them?

Categories
Civil Litigation Legal Topics Practice of Law

Discovery Outside the Rules

write_83313266Did you know there are many informal discovery techniques you can use to gather information without using the procedures described in California’s Civil Discovery Act (CCP §§2016.010-2036.050)? 

Categories
Checklists Civil Litigation Discovery Legal Topics New Lawyers

What To Expect When You’re Expecting a Deposition: A Checklist for Preparing the Deponent

Part of your deposition preparation has to be preparing your client for his or her turn at the depo table. Most attorneys spend their time preparing their clients for the substance of the deposition and what specific questions to expect and how to answer them. Although this is obviously important, it is equally important that your novice client knows what to expect at a deposition generally and is clear on what is expected of him or her as the deponent.

Here’s a checklist to help you get your client ready.

Categories
Civil Litigation Employment Law Legal Topics Litigation Strategy

Choosing an Expert Witness: Insider or Outsider?

When choosing an expert witness in a case, you may have a choice between an insider, i.e., an employee-expert, versus an outside expert. Deciding which one to use requires an understanding of the pros and cons of the employee-expert.

Categories
Business Law Civil Litigation Constitutional Law Legal Topics Profiles

Profile in Practice: Mitchell E. Abbott

As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys.

This week, we profile Mitch Abbott:

CEB: What is your practice area and how did you choose it?

Mitch: I specialize in handling writs and appeals (mostly in the state courts) on behalf of cities and other public agencies.  The cases I handle include election disputes, complaints of non-compliance with the California Environmental Quality Act (CEQA), “takings” claims in the context of local land use regulation, challenges to local taxes, assessments and bonds, and constitutional challenges to city ordinances in a wide variety of settings — from billboards to newsracks, and from juvenile curfews to regulation of adult-oriented businesses.