Substantive Law and Litigation

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The Construction Lawyer As Mediator

Recently there has been much discussion about whether a construction attorney’s involvement  is actually a detriment to a construction project and its potentially litigious aftermath. I have spent a couple of posts at Construction Law Musings to discuss the benefits of hiring a construction attorney early in the project, and even later in the event [...]

Approach The Bench

When you want to object or argue an objection but you don’t want the jury to hear, you may want to ask the judge’s permission to approach the bench. But beware: the judge may not like it and the jury could get annoyed. There are situations in which bench conferences are appropriate, including these examples: The proponent asks a question, the opponent [...]

By |2017-08-10T10:48:38-06:00March 18th, 2013|Substantive Law and Litigation|0 Comments

Injecting Reality Into Your Client’s Franchise Dreams

Franchising has had long-term success in the U.S. economy, both for franchisors and franchisees. Franchise businesses aren’t just fast food, either. According to a USA Today article, home health care is one of the top franchises in the US. Although most franchise systems—and most franchisees—are reasonably successful, buying a franchise isn’t always the right decision. As [...]

By |2017-08-10T10:48:38-06:00February 28th, 2013|Substantive Law and Litigation|0 Comments

(Almost) Never Ask Why

One of the time-honored rules of cross-examination of a witness is “never ask why.” Asking “why” or “how can you say that” or “please explain” gives a witness the chance to launch into a poignant, self-righteous, or injured monologue. But sometimes you should break that rule. The goal of cross-examination is to control what information the [...]

By |2017-08-10T10:48:39-06:00February 13th, 2013|Substantive Law and Litigation|0 Comments

So Happy Together: 15 Things To Discuss With Joint Ventures

When clients come to you to set up a joint venture, they’re often excited and focused on the big picture. You need to be the details person, and maybe a bit of a wet blanket. Take one company that needs more resources to successfully exploit its intellectual property, add another company that has the needed resources of capital, [...]

What To Expect When You’re Expecting A Deposition: A Checklist For Preparing The Deponent

Part of your deposition preparation has to be preparing your client for his or her turn at the depo table. Most attorneys spend their time preparing their clients for the substance of the deposition and what specific questions to expect and how to answer them. Although this is obviously important, it is equally important that your [...]

By |2019-06-28T16:06:52-06:00January 2nd, 2013|Substantive Law and Litigation|0 Comments

Are Your Clients Underestimating A Common Liability?

When your employees specifically ask you to implement a random drug testing program, you know there’s a problem. This recently happened to a manufacturing client of ours. Like in many companies, the management team did not think they had a drug problem or that a full testing program delivered a good return on the investment. [...]

By |2017-08-10T10:48:39-06:00December 10th, 2012|Substantive Law and Litigation|0 Comments