Julie Brook

Julie Brook

CEB®

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Filing an Appeal? Follow 3 Steps to Drafting an Effective Statement of the Case

The appellate court probably knows the relevant law but not the facts of your case, so it will look to your appellant’s brief to fill this void. If you don’t provide an adequate statement of the case in your brief, the court...more

7/31/2015 - Appeals Appellate Briefs Young Lawyers

Be a Skeptic When a Potential Client Wants to Switch Counsel to You

Sometimes you should view a new potential client with skepticism. If the matter has been handled by another attorney and is now being referred or brought to you, there may be a reason you won’t like....more

7/27/2015 - Best Practices Client Services Young Lawyers

The Perils of an Attorney Joining a Corporate Board

From time to time, attorneys are asked to serve as corporate directors or officers. Watch out—there may be some serious perils involved for the attorney and his or her law firm....more

7/23/2015 - Agency Board of Directors Corporate Governance D&O Insurance Directors Independent Directors Professional Liability Risk Assessment

Deposing the Doctor: Why Do It and How Much Will It Cost?

In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call....more

7/20/2015 - Depositions Physicians

4 Keys to Using Your Opening and Closing to Persuade

Both the opening statement and the closing argument should be used to persuade. (No, it’s not all about direct and cross.) The adages about the importance of first impressions and last words are worth heeding....more

7/16/2015 - Closing Arguments Litigation Strategies Opening Statements Trial Preparation Trials Young Lawyers

Thinking of Becoming an Expat? Watch Out for the Exit Tax

An increasing number of Americans are opting for an expatriate life. In fact, as MSN reports, more Americans than ever have renounced their U.S. citizenship in the first quarter of 2015. Moving abroad and getting a new...more

7/10/2015 - 401k Expatriates Gift Tax Gifts HEART Act Income Taxes International Tax Issues Personal Jurisdiction Property Tax Tax Deferral Young Lawyers

5 Reasons to Use Inspection Demands

With a written demand for inspection or production, a party can get the opposing party to produce documents or things for inspection, copying, testing, and sampling. CCP §2031.010. This can be a powerful discovery tool with...more

7/8/2015 - Discovery Document Productions Inspection Demand Trial Preparation

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 Opening Statements 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

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