Entries by James Publishing

Using Charts, Diagrams, Graphs, & Maps in the Courtroom

Excerpted from California Objections: Civil and Criminal By Judge Gregory H. Ward (Ret.) Lawyers commonly use charts, diagrams, sketches, graphs, and maps to explain, simplify, or supplement oral testimony at trial. For example, a surveyor may use a map to demonstrate where boundaries begin and end as an aid to expert testimony. A layperson may […]

12 Negotiating Pitfalls and How to Overcome Them

By David Frangiamore and Kevin Quinley Condensed from How Insurance Companies Settle Cases by David Frangiamore Personal injury attorneys fight hard for their clients and strive to deliver value. In a sense, each attorney is a sales professional, selling the value of an injury claim. Typically, they “pitch” a value to an insurance company representative […]

Ten Plaintiff’s Tips for Handling Dog Bite Cases

Tackle your next dog bite case with confidence with these 10 tips, excerpted from the Personal Injury Handbook*: Case Investigation 1. Conduct a detailed analysis of the scene. Issues usually arise as to exactly what transpired, especially if the dog was in the owner’s backyard or house. Even if the dog was out on the […]

Deposition Dilemma: When Should Plaintiff’s Counsel Question the Plaintiff?

In most employment discrimination cases, when defense counsel completes his or her examination of the plaintiff, the deposition is over. Sometimes, however, the plaintiff’s employment lawyer will need to ask additional questions of the plaintiff. Experienced employment attorney Andrew H. Friedman* has identified five situations in which plaintiff’s counsel should give the plaintiff an  opportunity […]

10 Ways to Prove Pain And Suffering to a Jury

Excerpted from Insurance Settlements By Ronald V. Miller Economic damages are subjects of rather precise calculation. On the other hand, it takes immense skill, imagination, and sensitivity to prove pain and suffering, so-called non-economic or general damages. In most cases, proof of these elements is by far the key factor in obtaining a substantial economic […]

Uncovering Mild Traumatic Brain Injury

It is not uncommon for a person to suffer a mild traumatic brain injury (TBI) in connection with an auto accident, a slip-and-fall incident, or other traumatic event.  Unfortunately, it also is not uncommon for this type of injury to go undiagnosed and untreated for months or even years. The fact that a person does […]

Tips From the Bench: Making and Responding to Objections

Success at trial requires deliberate and detailed preparation well in advance of trial, combined with quick thinking in the heat of battle. To present your strongest case, you must know the rules of evidence and procedure, and be ready to object (and respond to objections) confidently and without hesitation. Justice Helen E. Freedman* gives you […]

7 Summary Judgment Strategies for Age Discrimination Plaintiffs

The defendant files for summary judgment in almost every age discrimination case. To help your client survive this most critical phase of the litigation, you must prepare for the inevitable summary judgment motion from the outset. Experienced employment attorneys rely on these 7 proven summary judgment strategies*: (1)   Insist That the Court Faithfully Adhere To […]