By S.J. Walker
damages to the jury, and sell them well. It is easy enough to grab different
witnesses who have some relation to the case and ask them to testify. However,
if not done properly this will likely become a one-way ticket to an objection
based on cumulative evidence. Many times, it is easiest to put the plaintiff on
the stand because the plaintiff is the person who is best qualified to testify
about their damages or their loss of enjoyment in their life. This easily can
lead to a pitfall, a Catch-22 if you will. If the plaintiff testifies
truthfully of their injuries, they are likely to come off as whiners to the
jury. It is not likely that a jury takes well to whiners. Secon...
By S.J. Walker
written discovery is a constant in all of litigation. The goal: to permit parties
to evaluate the case, identify issues, and prepare for depositions and trial.
Much of written discovery begins with form interrogatories and special
interrogatories. Unfortunately, novice lawyers, and possibly some seasoned
lawyers, forget that the defense counsel will use the information in your client’s
interrogatories at deposition and throughout the case. As such, making sure a
proper analysis is done on each question will ensure your client provides the
proper and accurate responses. It is the professional responsibility of the
lawyer to represent their client competently and diligently, ...
By S.J. Walker
Direct examination is a talent that draws on knowledge,
practice, and skill. The rules governing direct examination assist the judge or
jury in discovering the facts and basis behind the case, and should be used to
go beyond simply reiterating the evidence that is already admitted. To ensure
that an attorney makes the most out of their time with their witness, there are
important tactics that can be used such as the importance of certain moments
when leading a witness may be appropriate and permissible; how to use
documents; and how not to waste your time redirecting unless it truly adds
something to the prior testi...
Company car accident reports can be essential to changing the way a case turns out. An accident report has the power to change what may have been heading straight to
litigation, to a settlement agreement in just a matter of days. Why? Well the
answer is simple, the information provided in accident reports is a potential
gold mind: i.e. party admissions from the defendant. However, getting the
accident report is not so simple.
It is clear
as to why a company would want to keep their accident report secret, and if
they are keeping it a secret, usually there is something YOU should know in the
report. So, in order to elevate yourself from simply b...
By Omid Rejali
Recently I had the pleasure of representing a client who had been dropped by his former attorney. The issue evolved around a judgment that was obtained against him back in 2002. The main reason that no one wanted to take on this clients case was because he was a felon. That issue did not worry me one bit because I believed what the client was telling me and it was irrelevant to the issues at hand.
I initially attempted to resolve the matter informally with the attorney who had obtained the judgment against my client. He laughed at me and mocked my client by calling him a felon. That did not sit well with me.
The main issue evolved around a proof of service that alleged that my client had been "personally" served. All proof of servic...