Julie Brook

Julie Brook

CEB®

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To Tweet or Not to Tweet?

As more attorneys are dipping their toes into the social media waters to network through LinkedIn and reach potential clients through Facebook, many are wondering whether they should also be using Twitter. There are...more

3/26/2015 - Business Development Social Networks Twitter

Demonstrative Evidence: When You Want to Show and Tell

An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a...more

3/23/2015 - Audio Recording Evidence Jury Trial Video Recordings

Nine Fiduciary Accounting No Nos

When you’re a fiduciary under California’s Probate Code, such as a guardian or conservator, you’ll be required to prepare some type of fiduciary accounting for the court. You’ll probably hire an accountant to crunch the...more

3/19/2015 - Accounting Standards Fiduciary Duty Probate

Should You Use Tactical Dismissals?

As plaintiff’s counsel, you always want to analyze how best to present your client’s case in the most efficient and persuasive way. Sometimes doing that means dismissing certain parties or causes of action....more

3/17/2015 - Dismissal With Prejudice Dismissals Motion to Dismiss

Capacity at Issue? Consider Making a Video

When you’re preparing a will or trust for someone for whom capacity might later be raised as an issue, you have a potentially powerful tool that can help avoid later disputes: video. There’s nothing like a judge seeing a...more

3/16/2015 - Estate Planning Incapacity Testators Trusts Undue Influence Claims Video Recordings Wills

5 Tips for Preparing Your Witness for Video Deposition

Preparing your witness for a video deposition has a few more wrinkles—or more accurately, the ironing out of a few more wrinkles—than a deposition recorded only by stenography....more

3/10/2015 - Depositions Video Recordings Witness Preparation Witnesses

Should We Worry about Marijuana DUIs?

The number of drivers with alcohol in their system has has gone down significantly while the number of drivers using marijuana has gone way up. Safety-wise this doesn’t seem to be a bad trade. A recent National Highway...more

3/9/2015 - Car Accident Drunk Driving Marijuana NHTSA

Inadmissible Evidence May Still Get In for a Limited Purpose

It may not be favored by courts or be the parties’ preference, but there’s a place for evidence to be admitted for a limited purpose. It can be seen as either a creative solution to an evidence admissibility problem or a way...more

3/5/2015

Should You Check a Job Applicant’s Social Media Posts?

Employers are wondering whether browsing public social media sites to learn more about a job applicant is worth the potential risks. A CareerBuilder survey found that 39% of employers use social networking sites to research...more

3/3/2015 - Employer Liability Issues Hiring & Firing Popular Screening Procedures Social Networks

Keep Cross-Examination Short (Unless You Shouldn’t)

A successful evangelist once said about his sermons: “Nobody ever got religion after the first twenty minutes.” His time estimate may be wrong, but every evangelist and trial attorney has wrestled with the short attention...more

3/2/2015 - Cross Examination Litigation Strategies

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

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