Having the time and inclination to prepare as much as necessary–even over-prepare–really is a great equalizer when it comes to the trial lawyer’s craft. I had the good fortune to practice for a brief…
Read ArticleI last wrote about a recent presentation made to my office by a retired judge, “Practical Advice and Perspectives From the Bench.” While I found it most compelling (disturbing) to learn that many (most?)…
Read ArticleShould our trial preparation and presentation be appreciably different when trying a bench trial or arbitration before a single arbitrator? If so, how? As in most instances, McElhaney offers spectacular guidance on this…
Read ArticleSoundbite questions are a hallmark of depositions taken of Persons Most Knowledgeable (PMK aka Persons Most Qualified or PMQ) within an organization on certain topics. Here are some examples: “Does your company, manufacturer XYZ,…
Read ArticleI’ve written about dealing with difficult or overly coaching counsel when trying to conduct a deposition. Considering that the entire purpose for taking a deposition is to gather evidence, and a coaching or otherwise difficult…
Read ArticleIn case this term is foreign to you, a “running objection” is sometimes offered by a party taking a deposition (or during a hearing or trial) when it appears that they are going to repeatedly…
Read ArticleA recent post at the excellent Bow Tie Law’s Blog illustrates, in the realm of E-Discovery, the importance of explaining “why” to the judge. Specifically he discusses the importance of explaining why it is not possible,…
Read ArticleI previously wrote that I disagreed with the proposal to amend the California Code of Civil Procedure to limit depositions to 7 hours. Well, now we’re stuck with it.* So, I thought I would explore strategies to…
Read ArticleEach year I’m faced with the decision which, if any, industry conferences to attend. A shortage of time and money dictates that I cannot go to every conference I would like to attend. Even if I could cobble…
Read ArticleThis is probably the easiest step outside lawyers can take to gain client trust. Whether we represent a corporate defendant in a business or employment dispute, or an individual accused of a crime, every kind of client appreciates…
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