A motion for summary judgment is a technical device used for asking a court to rule on your case before conducting a full-blown trial. Summary judgment can only be used to decide questions of law—not fact. For example, if everyone agrees that a joint account was titled in the name of two people, then the […]
So what is your lawsuit exit strategy? You really only have two choices: go to trial or settle. Trial is hard, settlement is easy, but you are entitled to a trial, not a settlement. Trial is the ultimate dispute resolution provider. You are entitled to trial as a matter of law and the judge or […]
If you are entering into a lawsuit in our justice system, you really need to adjust your expectations. This is not a television show or movie about the law that will get to trial and resolved (in your favor of course) in two hours or less. Real life is different. Your lawsuit is likely to […]
Lawsuits are expensive. Lawyers cost money, the court charges fees, expert witnesses are expensive, even subpoenaing bank or medical records can cost a small fortune. There are times when someone’s rights may not be protected because there simply is not enough at issue to justify the cost of litigation. It can be a shame. But […]
Talking to lawyers can be difficult. We speak a different language and most lawyers have trouble making legal concepts understandable to clients. Further, most clients worry about things that the lawyer views as minor or irrelevant—sometimes that’s true, sometimes it’s not. Further, everyone has different preferences as to how often they want to hear from […]
Selecting a car is easier than selecting an attorney because with a car you can see the features you are buying, take it for a test drive, and understand the value for which you are paying. I can’t demonstrate for you our latest lawyer model (complete with full leather suits, heated loafers, and twin turbo […]
Mediations are widely misunderstood, I think. Some people like them, some people hate them, and most people have no idea what they even are. Mediations are really just settlement talks. It is a meeting in a neutral office usually with a neutral party present. The neutral party is either a lawyer or a retired judge, […]
Many people think that they can march into court and present whatever document or witness they have to the court. But trial is not that easy. There is an entire Evidence Code designed to stop unreliable information from reaching the ears of the decision maker (either judge or jury). The Evidence Code is meant to […]
We have all seen a television show or movie where a lawyer stands up and presents a “surprise” witness. The crowd in the courtroom gasps, the opposing attorney stands up and strenuously objects, but the judge allows the witness to take the stand and the case is won on the strength of this single witness. […]
If you are heading into trial, you will be expected to prepare and file a trial brief with the court. Every judge is a little different and some of them want specific items in the trial brief (so check your local rules and the judge’s trial preparation rules). But the basics are fairly similar throughout […]
