Julie Brook

Julie Brook

CEB®

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What’s NOT Protected by Attorney-Client Privilege?

The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know...more

7/2/2015 - Attorney-Client Privilege Young Lawyers

2 Reasons to Go for Defendant’s Default

A default occurs when a defendant served with a complaint doesn’t file the appropriate response within the time allowed. CCP §§585–586. After a defendant is in default, a plaintiff may file a request for entry of default and...more

6/26/2015 - Cal Code of Civil Procedure Default Default Judgment Res Judicata

Trial Logistics: 4 Things to Set Up Before Heading to Court

Any trial strategy should incorporate the mundane. Not only must you get to court on time, but everything you need to try the case also has to be there, at your fingertips. Here are four things you should consider and arrange...more

6/24/2015 - Trial Preparation Young Lawyers

Employee Leave Law F.A.Q.s

It can be very confusing to calculate entitlements under employee leave laws—particularly the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—and even more complicated trying to figure out...more

6/23/2015 - Best Management Practices CFRA FMLA Sick Leave

When You Can and Can’t E-Sign

The definition of “signed” in the UCC includes “any symbol,” as long as it’s “executed or adopted with present intention to adopt or accept a writing.” Com C §1201(b)(37). E-Sign extends this approach to electronic...more

6/22/2015 - Contract Formation E-SIGN E-Signatures Law Firm Associates UCC

Protecting Digital Assets: 6 Steps to Take on Death or Incapacity

It used to be enough for a fiduciary and her attorney to simply search through a decedent’s or incapacitated person’s papers in his or her workplace and at home, watch the mailbox for a 90 day cycle, and review tax returns...more

6/16/2015 - Continuing Legal Education Digital Assets Fiduciaries Popular

Prepare for Case Management Conferences in 4 Steps

In the past, most California superior courts routinely held trial-setting, pretrial, arbitration status, and status conferences. Delay reduction rules put a stop to this practice, consolidating all of these into a...more

6/15/2015 - Case Management Rules of Civil Procedure Status Hearings

Time Will Soon Run Out for Petitions under Prop 47

Those individuals who are currently in custody or who are on probation or who have completed a sentence for one of the decriminalized felonies under Proposition 47 need to act soon. The clock is ticking on the filing deadline...more

6/11/2015 - Felonies Filing Deadlines Resentencing Sentencing Enhancements

Play Fair: Guidelines for New Employees Hired from a Competitor

It’s common for customers or clients to want to stick with the person who has been handling their account even when that person moves to a different company. But this situation can create serious issues around trade secrets...more

6/9/2015 - Contract Drafting Employer Liability Issues Hiring & Firing Trade Secrets Unfair Competition

Phone It In: How to Appear by Telephone

Want to avoid traffic, parking, and court security checkpoints? Appear at a hearing by telephone! Counsel in civil actions generally have the option of appearing by telephone in any hearing or conference at which...more

6/8/2015 - Cal Rules of Ct 3.670 Notice Requirements Telephonic Hearings

Are Public-Private Partnerships the Solution for CA’s Infrastructure Gap?

Public-private partnerships (P3s) are hot in an era of budget cutbacks and the need for alternative, innovative ways to repair and replace our aging public infrastructure. P3s can help bridge the infrastructure gap by using...more

6/4/2015

Take 5 (Steps) Before Moving for Summary Judgment

Thinking of filing a summary judgment motion in your case? Take the time to follow these five steps in assessing whether this is the right move to make....more

6/2/2015 - Arbitration Dismissals Litigation Strategies Mediation Request for Admissions Stipulations Summary Judgment

Develop a Routine: Stock Questions to Ask in Every Deposition

Every case is different, but there are some questions you should ask in most every deposition. Know your routine questions and use them. Every attorney should develop a list of stock questions and ask them of most...more

5/28/2015 - Depositions Litigation Strategies Witnesses Young Lawyers

Don’t Dodge—Defuse: Use Your Opening Statement to Handle Problem Areas

Almost every case has problems—sometimes they are analogous to bombs waiting to drop on your case. The key is whether you show them to the jury and simultaneously defuse them, or whether the opposition drops them with glee....more

5/22/2015 - Litigation Strategies Trial Preparation Young Lawyers

What If the Ex-Spouse Hits the Jackpot?

A couple gets divorced and one is ordered to pay spousal support to the other. But then the one getting support hits the lottery, inherits a lot of money, or has some other financial windfall. Is the support payer off the...more

5/19/2015 - Divorce Material Change Doctrine Support Orders

Employers: 9 Provisions You Need in a Whistleblower Policy

A potential whistleblower need only run a quick Internet search to find many attorneys ready to take his or her case. Knowing this, employers need to be proactive: Any employer handbook or policy and procedures manual should...more

5/14/2015 - Best Management Practices Corporate Counsel Employee Handbooks Employment Policies Policies and Procedures Whistleblower Protection Policies Whistleblowers

12 Must-Do Tasks Before Cross-Examination

Few attorneys have the time or budget to do detailed preparation for cross-examination of every witness. And even if the budget makes it possible, time spent on other aspects of trial preparation will force counsel to take...more

5/12/2015 - Cross Examination Trial Preparation Witness Preparation Witnesses Young Lawyers

Do You Have What It Takes to Go Solo?

Not every attorney is suited to solo practice. But if you are, it can be a very fulfilling and profitable way to practice law. Do you have the personal attributes needed to open your own practice?...more

5/11/2015 - Solo Practitioners Young Lawyers

Checklist for Summary Judgment Reply Brief

You moved for summary judgment, received the opposition papers, and now it’s your turn to reply. The reply brief gives you a chance to respond to arguments raised by the opposition. Who knows? The opposition may have...more

5/7/2015 - Cal Code of Civil Procedure

How Can Someone Be Deposed Twice in the Same Case?

Generally, you can’t compel someone to attend a deposition if he or she has been previously deposed in the same case. But there are 5 exceptions to this rule. A person whose deposition has been completed can’t be...more

5/4/2015 - Cal Code of Civil Procedure Depositions

When Trespasser Becomes Plaintiff

The family of a 9-year-old California boy who survived a fall through a school’s skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get on the school’s roof and...more

4/30/2015 - Duty to Minor Trespassers Liability Premises Liability Property Owners School Districts Trespass

Make Your Argument, But Don’t Argue with the Judge

An an attorney and an officer of the court, you sometimes have competing duties: to represent your clients zealously and to maintain respect for the court. When it comes to a disagreeable court ruling, you’ll need to make...more

4/28/2015 - Best Practices

7 Contract Damages Provisions to Bargain Over

When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable...more

4/27/2015 - Contract Drafting Contract Negotiations Contract Terms

Size Up Your Adversary

When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. ...more

4/23/2015 - Litigation Strategies

6 Things to Know About Interrogatory Responses

So, you’ve been hit with interrogatories. Before you start working on responses, review these 6 points. 1. You have a duty to respond. A party who has been served with interrogatories under CCP §§2030.010–2030.410 has...more

4/21/2015 - Discovery Interrogatories Trial Preparation

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