Julie Brook

Julie Brook

CEB®

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

10 Business-Related Torts to Master

If you handle business litigation matters, you need to be fluent in the most common business-related torts and their elements so you can spot the issues immediately—to either allege them or defend against them. Don’t feel...more

11/17/2014 - Bad Faith Breach of Contract Exploitation False Light Intentional Infliction of Emotional Distress Intentional Torts Negligence Trade Libel

To Call or Not to Call an Adverse Party or Witness

In civil cases, you can call an adverse party or witness in your own case. Evid C §776(a). But just because you can doesn’t mean you should. Before deciding to call an adverse party or witness, definitely check out this chart...more

11/13/2014 - Evidence Hostile Witness Litigation Strategies Witness Statements

5 Things to Do Before Deposing an Expert

Taking the deposition of an opponent’s disclosed expert entails more and different preparation than when you’re deposing a lay witness. Here are 5 things to do when prepping for an expert’s deposition....more

11/10/2014 - Depositions Expert Witness

Who Pays for Employee Cell Phone Use?

For many employees, their cell phones are always close at hand, whether at work or in their personal life. But what if the employer requires employees to use their personal cell phones for work-related activities? Then we...more

11/4/2014 - Cell Phones Employee Rights Reimbursements Wage and Hour

Make These 4 Assumptions about Cybersecurity

It has been clear for some time that cybercrime isn’t an outlier in the spectrum of corporate risk. Yet many organizations have been slow to wake up to that reality, or having awoken, are unsure of what steps to take to...more

11/3/2014 - Corporate Counsel Cybersecurity Risk Assessment Risk Management

Should You Move for Mistrial?

Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should....more

10/30/2014 - Litigation Strategies Mistrial

Keeping Tabs on a Bad Neighbor

When a conflict arises between neighbors, attorneys often recommend that their clients keep a record of events. A written log of dates and times is one thing, but a video or audio recording can easily step over the line from...more

10/28/2014 - Invasion of Privacy Privacy Laws

2 Ways to Lose Credibility in Court

You likely start out with credibility in the eyes of the judge. After all, you’re an officer of the court. But that initial benefit of the doubt can easily slip away, and once you’ve lost your credibility, the case may not be...more

10/27/2014 - Court Appearances

Idea-Expression Dichotomy Remains Key to Copyright Protection of New Technology

Can you state the difference between an idea and the expression of that idea? Don’t worry if it doesn’t slip off your tongue. This distinction one of the most difficult areas of copyright law but far from academic because...more

10/23/2014 - Apple Copyright Copyright Infringement Microsoft

10 Tips to Working Better with Your Paralegal

Attorneys spend a lot of time working with support staff, particularly paralegals, but get no training in law school on how to successfully navigate this important relationship. Here are some tips to help you get the most...more

10/21/2014 - Law Practice Management Paralegal

Costs Claimed Out of Whack? Move to Tax Them

To the victor go the spoils. But that doesn’t mean the prevailing party can get whatever it wants in claimed costs. If you disagree with the costs listed in the prevailing party’s costs memorandum, file and serve a motion to...more

10/20/2014 - Litigation Fees & Costs Litigation Strategies

4 Preliminary Questions for Every Deposition You Take

Before you get to the substantive questions, make sure to ask these four important preliminary questions in every deposition you take. Is the deponent on medication or suffering from an illness? Ask questions about...more

10/13/2014 - Depositions

Volunteers Cause Winery Woes

Volunteers and for-profit businesses shouldn’t be served together. That lesson has proved to be fatal for a small California winery. As reported by the San Jose Mercury News, Westover Winery’s “use of volunteer workers...more

10/10/2014 - Employer Liability Issues Minimum Wage Non-Profits Volunteers Wage and Hour Wine & Alcohol

An Offer to Concede Your Expert’s Qualifications May Be a Trojan Horse

When you start eliciting testimony on your expert witness’s qualifications, the other side may offer to “waive the testimony concerning qualifications” or concede that the witness is specially qualified to testify as an...more

10/8/2014 - Expert Testimony Expert Witness Rules of Civil Procedure

5 Things to Cover in Your Initial Case Assessment

When a prospective client brings you a case, they’ll want to know immediately what you think. It’s rarely possible or wise to give a firm, unqualified opinion as to the likelihood of success, or even to recommend a particular...more

10/6/2014 - Case Management

Coordinate Your Discovery Methods

Often you can use more than one discovery method to get the same facts or evidence. You can take a pick-and-choose approach to your methodology, or better yet, use a coordinated approach that aims multiple discovery methods...more

9/29/2014 - Depositions Discovery

10 Tips for Drafting a Parenting Plan

When parents don’t agree on a child custody issue, the parenting plan is the tiebreaker. Given this power, family law attorneys need to draft parenting plans with the utmost care to make sure that uncertainty and ambiguity...more

9/25/2014 - Divorce Parenting Plans

Be Ready to Oppose Motions in Limine

In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this...more

9/23/2014 - Evidence Litigation Strategies Motions in Limine

Ever Heard of Implied Hearsay?

Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless...more

9/18/2014 - Evidence Hearsay

Turn Legalese into Plain English

A contract shouldn’t require a Latin-English dictionary to understand it! In fact, there’s generally no reason to use Latin terms or formal legal language (legalese) at all. Use plain English to be sure the contracts and...more

9/17/2014 - Legal Writing

5 Tips to Make the Most of Requests for Admission

Requests for admission are very valuable yet underutilized tools. They’re one of the best techniques to create admissible evidence for summary judgment and trial—make good use of them!...more

9/15/2014 - Request for Admissions Rules of Civil Procedure

Is In-House Counsel Your Attorney?

Here’s the obvious: to invoke the attorney-client privilege, the communication must be made to, or in the presence of, the client’s attorney. But things become murky when you have to decide whether that attorney is actually...more

9/8/2014 - Attorney-Client Privilege Confidential Communications

57 Results
|
View per page
Page: of 3