December 2nd, 2007
Defending your client’s deposition can be a nerve-wracking, sweaty armpit experience. At the end of the day, a weak performance or just one poor answer can sink a case. But even with stakes this high, most lawyers do not spend enough time preparing the client to testify. While the demands of your practice, your client’s calendar, or the […]
November 1st, 2007
One of the prime reasons to spend the time and money to depose an adverse witness is to gather impeachment material. Other than hiring a private investigator to delve into the witness’s past, the deposition is the most effective tool in the lawyer’s arsenal for uncovering dirt and chipping away at credibility. That includes attacking an […]
October 19th, 2007
Clients rely on their lawyers for many things beyond traditional legal advice and representation. On top of the skills needed to engage the court and opposing counsel, lawyers must understand — and more importantly, prepare their clients for — the emotional side of litigation. This part of the job is rarely covered in trial advocacy training, […]
October 12th, 2007
Where does one start when preparing for trial? The best advice I ever received on this point came from Judge Charles A. Legge, for whom I was a law clerk in the federal courthouse in San Francisco. He suggested beginning at the end, that is, the closing argument.
The reason for this is compelling. In order […]
September 29th, 2007
Do yourself a favor. Don’t set your big state court motion for hearing on a Friday. It’s not that judges are itching to get out the door (though that may be true). Fridays are always the heaviest motion day of the week in state court. The calendars are jammed with summary judgement motions because the […]
