Witness statements are a staple of a litigation practice. Guidelines for attorney preparation and witness preparation are presented. Incorporation of these guidelines into the attorney's standard of practice will promote successful attorney-client relations and excellence in advocacy.
Representing corporations in litigation on a regular basis probably makes one no stranger to dealing with former employees. Former employees often possess information that is relevant, if not critical, to the outcome of a case. It is therefore common for corporate counsel to meet with former employees to discover what they know. Absent a consulting or contractual relationship with the corporation, former employees are no longer agents of the corporation, and they no longer act at the direction of management. This reality adds uncertainty to an area of law already permeated by a great deal of uncertainty. This article will consider that issue and analyze the case law that has addressed whether pre-deposition communications with a former employee are protected by the attorney-client privi...
(This article originally ran in the Virginia Lawyers Weekly, Richmond, VA, another Dolan Media publication.) When selecting an expert as part of your case development process, the main thing you should consider, the same thing that you would consider for any product or service, is the cost. While that concept is simple, the complexity arises out of developing a good understanding of what the actual cost is. What will be your cost, in your time, to find the right expert? What will be your cost to ensure that the expert's technical skills are transferable to the case analysis, the report preparation, the deposition, and the courtroom? What will be your client's cost if the expert does not perform as expected? And of course, what will be the direct-dollar cost that you will need to pay the...
Over the past two years, a number of attorneys in the author's firm have been involved in toxic tort litigation. The firm has received back-to-back defense verdicts in asbestos exposure, products liability, premises liability, and gross negligence cases; further, it has resolved several other cases during trial, after the plaintiffs' demands dropped from seven-figure to five-figure amounts. After analyzing the firm's recent victories, they determined that all the cases had one common thread: extensive pre-trial preparation. This article details some of the pre-trial strategies employed by their firm that resulted in successful outcomes for their clients. In litigating toxic tort cases, or any other case, the groundwork for victory at trial begins with extensive preparation. From investi...
... a drywall contracting company, gave depositions that caused the plaintiff to reduce his demand fro...
...(a) In general. A party may take the deposition of an expert, or of a person, including another pa... privileged, investigative, trial preparation, irrelevant or immaterial matters; or. (3) Is bein...
... attempted changes to their client’s deposition testimony, which was the sole source of evidentiar...As part of their preparation for trial, they instructed one of their associates...
We spend long days in court, arguing pretrial motions, attending pretrial hearings, picking juries, presenting evidence. We spend long days outside of court, collecting evidence, meeting with clients, consulting with expert witnesses, studying basic anatomy and physiology, speaking and corresponding with colleagues, collectors, and insurers. We incur the great expense demanded by expert witnesses for their preparation, deposition, and trial time. We compromise valuable family time for the sake of our work. All of this is done with the hope, but without the assurance, of reward. Of the various areas of litigation, medical malpractice is among the most expensive in terms of labor and cost. Our clients, not our balance sheets, are our bottom line.
Accountant preparation for litigation Accountants called on to participate in a deposition because of malpractice litigation against them or their firm should be aware of the purpose of the deposition. The plaintiff's attorney is more interested in triggering admissions than in learning the other side of the story. It is essential that accountants force opposing counsel to ask the right questions, and additional information should never be volunteered. Accountants being deposed should be honest but should avoid answering hypothetical or vague questions.
On May 3, 2011, under authority of Clean Air Act (CAA) sections 111 and 112, the EPA proposed both national emission standards for hazardous air pollutants (NESHAP) from coal- and oil-fired electric utility steam generating units (EGUs) and standards of performance for fossil-fuel-fired electric utility, industrial-commercial- institutional, and small industrial-commercial-institutional steam generating units (76 FR 24976). After consideration of public comments, the EPA is finalizing these rules in this action. Pursuant to CAA section 111, the EPA is revising standards of performance in response to a voluntary remand of a final rule. Specifically, we are amending new source performance standards (NSPS) after analysis of the public comments we received. We are also finalizing several mi...
... watersheds were estimated to have Hg deposition attributable to U.S. EGUs that contributes to pote... have on exposure estimates, and (4) preparation and cooking methods which affect the conversion of...
On Tuesday, Nov. 23, Lorman Education Services held a one-day seminar titled Select Topics for Legal Staff in New York for paralegals, legal assistants and attorneys at the Buffalo Conference Center. The day-long agenda featured a number of legal professionals from Western New York who lectured on their respective fields of expertise. The seminar began with Internet and computer legal research presented by Joan Taulbee-White, manager of library services for Hodgson Russ. A deposition lecture, including witness preparation and use of depositions at trial, was then given by Heather A. Johnson, an associate with Damon Morey. Karen R. Kaczmarski, with Harter, Secrest & Emery, spoke on motion practice and procedure.
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