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New Law Books  

 

 

 

 

November 2009

Florida Estate Planning

by Jamie Pressly
and Randy Randolph

 

This big book contains 41 Florida-specific pattern wills and trusts annotated with alternate clauses, pitfalls to avoid, practice tips, recent cases, tax considerations, and more.  For example, you receive:

 

Detailed coverage of issues

  • What wording creates a right of survivorship.  §2:20

  • Pros and cons of making a bypass trust eligible for QTIP election.  §8:180

  • Advantages and disadvantages of a disclaimer plan.  §8:241

  • When is a codicil preferable to a new will?  §9:10

  • When a living trust is justified.  §11:04

  • The limits of spendthrift protection.  §11:70

  • Deviating from the Principal and Income Act’s default provisions.  §11:210

  • The consequences of a settlor transferring his homestead to a trust.  §14:10

  • Strategies for minimizing the tax consequences of gifts in trust.  §15:23

Helpful practice aids

  • Use the Client Questionnaire to get your client invested in the process and identify topics in advance that you should be prepared to discuss.  §1:01

  • Avoid problems down the road that cannot be corrected by withdrawal with the Conflicts of Interest Disclosure for Spouses.  §1:02

  • Prevent incorrect assumptions with the Tax Planning Flowcharts.  §1:05

  • Answer questions in advance, aid client review, and document your advice with these detailed Cover Letters.  §1:06

 

And dozens of additional tools.   Read more.

$129

 


 

July 2009

Trial Preparation Tools

by Beth D. Osowski

 

Here are courtroom-tested strategies for success, plus 122 time-saving and omission-avoiding forms, checklists, logs, calendars, idea lists, tables, spreadsheets, and more. 
For example:

 

120-day review

  • Checklist of evidence for each element in the proof rubric.  §1:80

  • Checklist of logs.  §1:81

  • 120-day countdown calendar.  Form 1-01

  • Quantifying pain and suffering form.  Form 1-07

  • Theme log forms.  Form 1-08

Jury

  • Jury questionnaires.  Form 7-02

  • Voir dire questions.  Form 7-05

  • Juror-rating matrix.  Form 7-06

Openings

  • Effective first lines.  Form 8-01

  • Neutralizing the negatives.  Form 8-04

  • Introducing damages.  Form 8-08

  • Burdens of proof.  Form 8-09

Closings

  • Reminders about obligations.  Form 11-01

  • Arguing causation when pre-existing injuries.  Form 11-05

  • Arguing the damages.  Form 11-06

  • Sample lines to end the argument.  Form 11-07

 

And dozens more.   Read more.

$99

 


 

  April 2009

Texas Trusts
& Clauses

by N. Dean Hawkins

 

Improve and speed your trust drafting with these pattern clauses and trusts, strategies, law, and advice.  The book walks you step-by-step through the issues and provides pattern clauses for:

 

  • Formation.  19 forms, including a warranty deed, waiver of conflicts of interest, and assignments of stocks and bonds, promissory notes, and business interests.  Chapter 2

  • Property issues.  Addresses commingling and asset transfers of real property, closely-held and S corporation stock, life insurance, and retirement benefits.  Ch 3

  • Taxation.  Explains the tax issues arising in formation, during trust administration, and upon the death of the settler.  Ch 4

  • Funding.  21 forms and explanations covering marital formulas and satisfaction, abatement, date of distribution, fairly representative funding, minimum worth funding, pro-rata and non pro-rata distribution, deceased spouse’s expenses, and charging taxes. Ch 8

  • Distributions.  14 forms with discussions of divisions, revocability, qualifying transfers, general power of appointment trust, QTIP trusts, distributions to minors, pour-overs, terminations, payments of debts and expenses, and incapacity.  Ch 10

  • Trustees.  44 forms and analysis of requirements, resignation, avoiding vacancies, spouses as co-trustees, removal, liability, duties, powers, unproductive assets, borrowing and lending, and much more.  Ch 15

  • Allocations.  Drafting considerations, allocation rules, apportioned receipts, trust expenses, successive beneficiaries, tax adjustments, and accountings, with 5 forms.  Ch 18

  • Coordination of trust and will.  8 forms and discussions of pour-over wills, paying debts and estate taxes, QTIP tax allocation, and no-contest clauses.  Ch 21

Read more.

$129

 


 

EXP book  

February 2009

Exposing Deceptive Defense Doctors
by Dorothy Clay Sims

 

 Ms. Sims' techniques for overcoming common defenses, pattern questions, secondary resources, and sophisticated tactics have proven effective in hundreds of depositions and trials in challenging the DME on:

 

  • Incomplete and biased defense medical exams. Chapter 2

  • Negative results on psychological tests. Chapter 5

  • Junk psychological tests. Chapter 6

  • Claims of malingering and exaggeration. Chapter 7

  • Ignoring symptoms of depression. Chapter 8

  • Failure to test or investigate for post-traumatic stress disorder. Chapter 9

  • Poor results on neurological or radiological tests. Chapter 15 and 16

  • Denying causation in neck and back injuries. Chapter 17

  • Minimizing pain. Chapter 18

  • Contradictory functional capacities evaluations. Chapter 20

  • Unfavorable long-term disability medical record. Chapter 21

Read more.

 

"Over the past thirty-five years, I’ve read hundreds of reports prepared by Vocational Rehabilitation Experts (VRE) hired by the defense. In addition, I’ve prepared scores of questions for plaintiff attorneys preparing to depose VRE. If I were to reconstruct all of the questions prepared, they would pale in comparison to the questions presented in chapter twenty-five of Exposing Deceptive Doctors by Dorothy Clay Sims. The questions alone, without reading the substance of the chapter, will facilitate a really good discovery deposition of a rehabilitation expert hired by the defense. Such experts are presumably retained to reduce the settlement value of a case."

--A.M. Gamboa, Jr., Ph.D., MBA

CEO and Senior Analyst

Vocational Economics, Inc.

 

"Dorothy Sims has spent more time and creative energy addressing the problem of dishonest IME doctors than any lawyer in America. Each page of Sims' book is an explosion of bold, creative thinking. I plan to review this book every time I take an IME deposition."

--Rick Friedman, Friedman, Rubin & Wright

Author of Rules of the Road and Polarizing the Case

 

More Praise for Exposing Deceptive Defense Doctors

 

$99

 


 

DUI bookNovember 2008 

Texas Probate Forms and Procedures
by M. Keith Branyon

 

These 176 custom-drafted, Texas-specific forms are supported with step-by-step procedure, case and statutory citations, and advice from one of Texas' top probate practitioners. The forms collection includes:

 

  • Initial representation. 25 forms covering engagement, duties of representative, executor's fee, emergency intervention, and temporary administration.

  • Independent administration. 40 forms, including 3 applications for probate, 2 waivers of citation, determination of heirship, affidavits, notices to creditors, letters, miscellaneous applications and waivers, and more.

  • Dependent administration. 49 forms: applications, waivers, affidavits, orders, oaths, letters, appointments, and more.

  • Other options. 19 forms for muniment of title, determination of heirship, and small estates.

  • Creditors. 11 forms: notices, claim for money, application, and clauses. 

  • Foreign wills. 6 forms: applications, waiver, proof of death, oath, and order.

  • Contested matters. 11 forms, including 5 motions to transfer, jury charges, petition for bill of review, and request for in limine hearing on standing.  

Read more.

$99

 

Free Chapters
You Select

Civil Litigation

Judge Reviews: CA or NY

Causes of Action: CA or FL

Model Interrogatories

Drunk Driving

Attacking the Tests

DUI Trial Tools

 Employment

Discrimination

Evidence

Jury Instructions

 Personal Injury

Deposing Doctors

Economic Damages 

Exposing Deceptive Docs

Maximizing Damages

Personal Injury Forms

Slip and Fall

Social Security Disability

Medical Issues

Vocational Issues

 

Free Forms
Collections

Employment Discrimination

Limited Liability Companies

Defense Doctor Depositions

Social Security Disability 

 

Free Pamphlets,
with Forms

(averaging 50 pages each)

Civil Litigation

Breach of Contract Jury Arguments

Breach of Contract Interrogatories

Evidentiary Foundations for Witnesses

Criminal Law

Coordinated DUI Attack

Cross-Examining the
  Arresting Officer

Personal Injury

Auto Accident Depositions

Bodily Injury Deposition   
Checklist
s

Deposing Defense Doctors

Residential Slips and Falls

Social Security Disability

9 Medical Opinion Forms

Attacking Vocational Testimony

Disability Hearing Guide

 

Free Mini-Courses

•   Maximizing damages and settlements

•   Common myths about insurer settlement practices

•   Obtaining better outcomes in medical litigation

•   How the best lawyers consistently win DUI cases

 

99 Free Articles,
with Forms

Civil Litigation

4 Jury Questionnaires

Breach of Contract Defense Interrogatories

Deposing the Corporate Designee in Health Insurance Denial Case

Deposing the Defendant Driver

Deposing an Expert Witness

Deposition Outlines

Deposition Practice Tips

Elements-of-Proof Rubric

NEW Essential Objections Checklist

Fraud and Misrepresentation Interrogatories

Interrogatories: Breach of Contract

Interrogatories: Damages

NEW Interrogatories: Interference with Business Relations

Interrogatories for Proving Plaintiff’s Cause of Action in an Auto Accident Case

Preparing to Take or Defend a Liability Deposition

Summarizing Personal Injury Damages

Voir Dire Diagram

Voir Dire Questions

Voir Dire Tips

Wrongful Death Interrogatories

 California Civil Litigation

NEW Discovery Disputes

NEW Elements with Complaint: Breach of Contract for Failure to Perform

NEW Elements: Breach of Implied Covenant of Good Faith and Fair Dealing

NEW Elements: Negligence

NEW Objecting to Expert Testimony

Criminal Law and Practice

Challenging Written Statements

Cross-Examination of Eyewitnesses

Plea Bargaining, with Forms

4 Representation Agreements

 Federal Criminal Practice

Plea Bargaining

Pretrial Detention Hearings

Pretrial Release on Conditions

Drunk Driving

NEW 4 DUI Jury Instructions You Need to Argue

Attacking Field Sobriety Tests

Attacking Widmark Calculations

Challenging the Breath Test

Cross Examination in Drunk Driving Cases

NEW DUI Trial Tips

Pattern Openings for DUI Attorneys

Selecting a Favorable DUI Jury

Voir Dire Questions for DUI Lawyers

 California Drunk

Driving Law

California Drunk Driving Punishment Charts

Informal Request for Discovery from Prosecution

Motions to Exclude Chemical Test

Tipsters and California’s Public Safety Exception

Employment

Defending Plaintiff's Deposition

NEW Deposing the HR Manager in RIF Cases

Deposing the Supervisor/Harasser

Document Requests

NEW Document Requests in Sexual Harassment

NEW Fair Labor Standards Act Jury Instructions

Fee Arrangements, with Clauses

Shaping the Unripe Employment Cases

NEW Supervisor Deposition Questions for Harassment, Retaliation, and ADA

Estate Planning and Asset Protection

Advantages and Disadvantages of QTIP Trusts

Client Intake, with Retainer Agreement

Drafting for Incapacity, with 4 Clauses

Family Limited Partnerships

Intentionally Defective Grantor Trust, with Provision

International Asset Protection Trust

IRS Reporting and International Asset Protection Trusts

Protecting Beneficiaries with Spendthrift Clauses

Risks and Abuses with Foreign Trusts

Shifting Trusts and Disclaimers, with Four Sample Clauses

Family

NEW Saving Income Taxes

Uncovering Hidden Assets

Understated Business Income

Personal Injury

NEW 3 Motions in Limine to Exclude Junk Accident Reconstruction Science

Calculating Case Value

Cross-Examining the Defense Orthopedic Surgeon

Dealing with Adjusters

Debunking Claims of Exaggeration and Malingering

Deposing and Examining the Economist

Deposing the DME in Spine Injuries

Deposing the DME About Pain

Deposing the Store Manager in a Slip and Fall Case

NEW Excluding Defense MIST Experts

Overcoming 4 Typical Defenses to Pain

Social Security Disability

NEW Alternate Sitting and Standing Questions for the VE

Attacking the Vocational Expert’s Testimony on the Number of Jobs

Attorney’s Fees

NEW Checklist of Appeals Arguments

Classifying a Claimant’s Previous Work Experience as Past Relevant Work

Cross-Examination on U.S. Publishing Data

Cross-Examination of Vocational Expert on Census Data

Dealing with Drug Addiction or Alcoholism in Social Security Disability Claims

Framework of the Medical-Vocational Guidelines

Hearing Questions on Physical Residual Functional Capacity

Information Required to Perform a Step-Four Analysis

NEW Initial Hearing Questions for Claimant

Maximum Residual Functional Capacity Possible for Disability Finding

NEW Protect Attorney’s Fees From Being Taken to Pay Client’s Debts

Pushing Back the Date the Claimant Became Disabled

NEW Residual Functional Capacity in Musculoskeletal Impairments

Sequential Evaluation Process

Social Security Disability: Who is Eligible?

Social Security Disability Benefits: Answers to Common Questions

Transferability of Skills: Principles and Cross Examination

Using the Occupational Outlook Handbook in your Cross Examination

NEW Weight of Non-Examining Reviewing Consultant

 

 


 

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