Two things to do in every deposition

Introducing Exhibits at Depositions; Asking for Specifics of Objections At depositions, of your witness or theirs, there are two actions you almost always should take (whether you represent the deponent or are adverse to the deponent). If a physical or … Continued

Three items to form a base for better negotiation

Three items that can form a basis for settling your lawsuits – better and faster. Effective negotiation and mediation call for advocacy skills and advocacy – style presentations. Losing lawyers don’t do a really persuasive presentation before reaching the settlement … Continued

Three commandments for your oral motion argument

Oral arguments to the motions judge: Your three commandments Commandment # 1. In the first three or four sentences of your oral argument you will state the factual or procedural situation. You may be working with a complicated situation. But … Continued

There’s a Black Box in your client’s car

This is a PowerLitigation™ article of Leonard Bucklin. This article was adapted for LawyerTrialForms™ from his multi- volume text of discovery, litigation, and trial advice and tactics, titled Building Trial Notebooks. Bucklin is a Fellow of the International Academy of … Continued

The first ESI mistake to avoid

The first ESI mistake to avoid — and a list of “to do’s” to avoid it Chronologically, the first ESI mistake to avoid is failing to tell the client, (A) early and (B) clearly, that the client must preserve existing … Continued

The Ethics of Witness Preparation

Power Litigation™ – Preparing the Witness to Testify: the legal ethics, and how to do it ethically. As part of our free publications of useful litigation materials for lawyers and legal assistants, we offer the following summary of the legal … Continued

Terminating representation of client checklist

In the best of litigation practices, there comes a time when you realize that a client is not responding to your requests, is hiding evidence, is not paying your bills, or is simply a lying, rude, nasty person that you … Continued