Professional Practice Civil Procedure

Read need-to-know updates, commentary, and analysis on Professional Practice issues written by leading professionals.
News & Analysis as of

Getting Your Client Ready for Deposition

For most clients, being questioned in a deposition is a new and frightening experience. The more you can do to prepare your client, the better he or she will feel and perform. When it comes to instructing your client on how...more

[Webinar] Ethics - Confidentiality Issues Re: Attorney Client Privilege and Information - June 8th, 12:00pm CT

Confusion surrounds the attorney-client privilege. Many think they have it when they do not and even if they do, they fail to appreciate how easy it is to lose. In either case, not enough attention is paid to the possibility...more

Seven Tips for Newly Licensed Court Reporters

I have the privilege of working with newly licensed San Diego California Certified Shorthand Reporters. I am extremely proud of their writing ability and the fact they are not scared to learn and use the sophisticated...more

Should You Make the First Settlement Offer?

Skilled negotiators disagree on whether it’s better to make the first offer or demand, or to let the other side go first. Although the correct approach will likely vary from case to case, in the context of settling...more

Headings Are Key to an Effective Document

Whatever document you’re drafting—from a memorandum for a partner to a brief for the court—using clear and concise headings and subheadings will take your reader by the hand and lead them smoothly through your document....more

Experts Ordered to Produce Draft Reports Exchanged with Other Experts

In this patent infringement action, the plaintiff, BRP, alleged three counts of patent infringement against Arctic Cat concerning snowmobile frame construction and snowmobile rider positioning. BRP alleged patent infringement...more

CFPB Takes Action Against Law Firm, its Partners, and Debt Buyer for Alleged FDCPA Violations

On April 25, the CFPB issued separate consent orders to a New Jersey-based law firm and two of the firm’s partners and a New Jersey-based debt buyer for alleged violations of the FDCPA and the Dodd-Frank Act. According to the...more

Do We Want the CFPB to Regulate the Practice of Law?

On April 25, the Consumer Financial Protection Bureau (“CFPB”) entered into a Consent Order with a New Jersey debt collection law firm, Pressler & Pressler, LLP, and two of its managing partners, Sheldon H. Pressler, and...more

Court Reporters - What is an Oral Reply?

In certain jurisdictions and cases, attorneys hire court reporters to report an oral reply. In my experience, oral replies are typically used in union grievances especially in employment matters. The court reporter is hired...more

New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe

Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case. But, as an ethical matter, may an attorney access information available only through an...more

Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict...more

Tracking and Releasing Litigation Holds

Notifying potential custodians and implementing a litigation hold plan are both very important steps at the very beginning of a lawsuit. But often neglected is what to do with the preserved information once the need to keep...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2016

Motion to Withdraw — Meaning of Requirement to "Diligently Attempt" to Locate the Client: Caveman Foods, LLC v. Ann Payne's Caveman Foods, LLC, Civ. No. 2:12-1112 WBS DAD - Risk Management Issue: When a lawyer or law...more

Court Reporters and Legal Videographers – What is the Witness’ Name?

Court reporters have the responsibility of getting the names of deponents, witnesses in court, and attorneys. It might be surprising, but getting the spelling of a witness’ name can be challenging....more

Draft Agreements with Contract Construction Principles in Mind

Generally it’s the parties’ mutual intent that controls a contract’s interpretation. But that intent isn’t always easy to figure out. When the parties dispute a contract’s interpretation and it goes to court, the court...more

Court Of Chancery Limits Attorney Charging Lien

An “attorney charging lien” allows an attorney to recover compensation for his services from a fund recovered with his assistance....more

The Power of Visuals

As humans, we are innately prone to believe in what we see. Words can sway our opinions, but tangibility provides a certainty and faith that words at times cannot meet. As I was reading through a recent blog by Angie Ballman...more

Cautionary Tale: When a Stipulated Continuance Won’t Save You from Untimeliness

A recent case shows what happened when counsel stipulated to a continuance that took the ruling on a motion to vacate a default judgment past the jurisdictional time limit. It’s the tale of a big win, followed by a crushing...more

Motion GRANTED re Court Reporters’ Page Rates

Government Code Sections 69950 and 69954 regulate page rates an official court reporter may charge for transcripts in California Superior Courts. A lawsuit was brought by attorneys against an independent court reporting firm...more

International Depositions – Should You Attend in Person or Remotely?

International depositions involve several logistical steps which are not a concern when planning depositions in the U.S. One of the issues to address is whether you should attend your overseas deposition in person. Travel...more

Ringing in the New Year While Taking Depositions Abroad

New Year’s is a time of looking ahead with hopes for good things to come, and people wishing each other health, happiness and success in the coming year. Festivities are varied, ranging from church services to fireworks, and...more

New 2016 Law Applies to California Deposition Notices

A new law requires language to be added to Notices of Deposition, AB 1197, effective January 1, 2016, authored by Assemblywoman Susan Bonilla. CA CCP 2025.220 now reads as follows with the addition of section (8):...more

Legal Process Management: A Value-Driven Approach

What is Legal Process Management? Legal Process Management applies continuous improvement and change management principles to legal processes, maximizing both the micro- and macro-effects of those changes with the end...more

Prepare Your Expert to Testify: A Checklist

Whenever you have retained an expert witness to testify in your case—whether in deposition or at trial—you need to prepare yourself and the expert. Don’t just sit back and assume that the expert, who many have testified many...more

2015 California Rules of Court – Appeal Transcripts – Court Reporters Do Not Provide “Fee Waivers”

Due to the fact that many civil courtrooms throughout California no longer have court reporters, and attorneys need to bring in a pro tem court reporter for hearings and trials, some of the procedures in regards to filing...more

312 Results
|
View per page
Page: of 13

Follow Professional Practice Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×