Julie Brook

Julie Brook

CEB®

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5 Things to Do to Prepare for Voir Dire

When next faced with preparing for jury voir dire examination before trial, consider these five practical suggestions. - Determine the types of jurors that you do and don’t want. Rather than selecting jurors through...more

2/24/2015 - Trial Preparation Voir Dire

Revenge Porn Victims Have New Rights

In 2013 and again in 2015, California amended its disorderly conduct statute to include instances of “revenge porn.” See Pen C §647(j)(4). The first convictions are coming down with more likely to follow....more

2/23/2015 - Amended Legislation Criminal Prosecution Revenge Porn

Contract Drafting 101

Do you feel like you learned a lot about contract law in law school, but very little on how to actually draft one? You’re not alone. Check out these principles of contract structure and organization, and you’ll have no...more

2/19/2015 - Contract Drafting Legal Writing

Shacking Up May Shake Up Support

It’s popular knowledge that remarriage is the death knell to spousal support, but did you know that cohabiting can also affect spousal support? With love and plans to live together floating around on this Valentine’s Day,...more

2/16/2015 - Alimony Cohabitation

8 Things to Consider Before Opposing a Motion to Consolidate

In response to a plaintiff’s motion for consolidation, the court can combine two or more separately filed lawsuits for simultaneous disposition. This promotes efficiency, but there are very big downsides for a defendant in a...more

2/12/2015 - Case Consolidation Litigation Strategies

Checklist to Keep Employee Discipline on a Legal Track

Employers walk a fine line when it comes to employee discipline: they must enforce their rules while also protecting employee rights. Target seems to have missed the mark recently—a lawsuit alleges an employee committed...more

2/10/2015 - Best Management Practices Disciplinary Proceedings Discipline Employer Liability Issues Target

Come Together? 10 Things to Consider Before Moving to Consolidate

Consolidation can be a useful efficiency technique because it allows the court to combine two or more separately filed lawsuits for simultaneous disposition. This efficiency is not without danger—consolidation may produce an...more

2/9/2015 - Case Consolidation Litigation Strategies Risk Assessment

From Website into Evidence

Many courts view the content of Internet websites with skepticism, or as one court put it, the Internet is a “large catalyst for rumor, innuendo, and misinformation.” Lorraine v Markel Am. Ins. Co. (D Md 2007) 241 FRD 534,...more

2/5/2015 - Authentication Evidence Websites

Demanding Debt Payment

Common scenario: a client comes to you for help in collecting a consumer debt. You should start off by demanding payment on your client’s behalf, and then evaluate any response you get....more

2/3/2015 - Debt Collection Debt Collectors Demand Letter

They Know Computers But Not How to Help Your Case

Posted on January 28, 2015 by Julie Brook, Esq. When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about...more

1/29/2015 - Criminal Prosecution Discovery Electronically Stored Information Evidence

Tentative Rulings: Contest or Concede?

Posted on January 26, 2015 by Julie Brook, Esq. When the tentative ruling is against you, you’ve got two choices: contest or concede. Here’s the spoiler: One of these choices is generally the way to go....more

1/27/2015 - Litigation Strategies Tentative Ruling

Time Records Are Not Just for Hourly Billing

Many attorneys, especially those in small offices, limit their timekeeping efforts to cases billed on an hourly basis. This can be a big mistake! Here’s why....more

1/22/2015 - Billing Law Firm Partners Law Practice Management

10 Steps to Hiring Without Violating Disability Discrimination Laws

Regardless of whether a job applicant has an apparent disability, employers should always follow these 10 steps to reduce the risk of liability for running afoul of the anti-discrimination provisions of the ADA or the FEHA....more

1/19/2015 - ADA Best Management Practices Corporate Counsel Disability Disability Discrimination Employer Liability Issues FEHA Hiring & Firing

Should You Make an In Limine Motion?

The next time you’re deciding between excluding evidence via a motion in limine or taking your chances at trial, make sure to review this chart of the pros and cons of motions in limine....more

1/15/2015 - Evidence Litigation Strategies Motions in Limine

Don’t Underestimate the Value of Employee Benefits

Employee benefits may be one of the biggest assets involved in a divorce—often similar in value to the family residence. With so much money on the line, identifying, valuing, and dividing benefit plans is a priority. Here are...more

1/13/2015 - Divorce Employee Benefits Popular

Are Requests for Admissions a Magic Bullet or Overblown?

Requests for admission are one of the best techniques to create admissible evidence for summary judgment and trial. Every litigator should understand the advantages of using them but also their limitations....more

1/8/2015 - Litigation Strategies Request for Admissions

Give the Reporter a Hand to Get a Clean Depo Transcript

When you’re taking a deposition, you know that ensuring a complete and accurate record is vital. So don’t take the person who’s dutifully taking down the proceedings for granted: Assisting the court reporter is not only...more

12/16/2014 - Court Reporters Depositions

4 Steps to Drafting a Contract to Your Client’s Advantage

Yes, drafting a contract takes a lot of work. But it generally takes less time to draft a contract document that advances your client’s interests than it does to modify another party’s document to achieve that result. So...more

12/15/2014 - Contract Drafting Young Lawyers

Like Steve Jobs, Unavailable Witnesses Can Still “Appear” at Trial

In the trial of an antitrust case against Apple, Steve Jobs will come back to life as a key witness—if only in the form of his videorecorded deposition....more

12/11/2014 - Antitrust Litigation Apple Depositions Expert Witness Steve Jobs Video Recordings

Timing Your Interrogatories

Interrogatories can be a very powerful discovery tool. With interrogatories, you get to ask questions of adverse parties and then use their answers against them at trial. Don’t miss out on this opportunity by bungling the...more

12/9/2014 - Deadlines Discovery Interrogatories

10 Ways to Finance a Business

A great business idea is not enough—a business needs capital to thrive. Attorneys can help their clients consider all the financing options, figure out which one(s) are the best fit, and comply with applicable laws....more

12/8/2014 - Accelerators Angel Investors Crowdfunding Finance Lenders Financing Incubators Partnerships Peer-to-Peer Popular Seed Financing Startups Venture Capital

Make a Plan for Each Witness

Before you prepare a witness for trial, you should know precisely what you expect to accomplish through that witness. In other words, have a plan. Your trial notebook should have a section for each witness that...more

12/5/2014 - Witness Preparation Witness Statements Witnesses

Getting Edited Video into Evidence

With court time and patience at a premium, it may be best to introduce an edited version of a video recording into evidence instead of the whole—possible very long—version. But before you do this, you’ll have to authenticate...more

11/25/2014 - Authentication Evidence Video Recordings

Should You Handle That Misdemeanor Case?

You get a call from a family member, friend, or client who’s either been arrested or will be soon with a misdemeanor, such as a DUI. Maybe you’re new to practice or criminal law isn’t your usual area. Should you take on the...more

11/24/2014 - Client Services Ethics

How to Use Technology for Effective Cross-Examination

A good cross-examination should come off as scripted. California Evidence Code §767(a)(2) allows for leading questions on cross-examination, and a good trial attorney should lead the witness through the narrative using only...more

11/18/2014 - Cross Examination Evidence Software Technology Trial Preparation

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