The fact finding process in civil cases is known as “discovery” — that is, where you can ask the other side to turn over any document or other piece of evidence/information in their possession that might have some bearing on your case (provided that you ask for it in fairly descriptive terms). Many litigants make…
Conversations and communications between you and your attorney are covered by what is known as the attorney-client privilege. Privilege attaches to such conversations and communications so that you and your lawyer can freely discuss your matters without being judged and without hesitation, amongst other reasons. To be entitled to the protection of the attorney-client privilege,…
Parties to a lawsuit (usually with the assistance of their attorneys) are under a duty to answer everythingtruthfully, but that doesn’t mean that it’s always easy to get a “straight” answer out of someone. This is one of those areas that distinguishes attorneys — recognizing the difference between a party giving an affirmative yes or…
One of the most sensitive parts of filing a lawsuit after you’ve been the victim of an injury is the extent to which your private medical issues must come to light. It is unfortunate that you have to give complete strangers access to your most private records, and it is an unfortunate side effect of…
One of the most important components of the litigation process leading up to trial is the discovery deposition. Deposition is a fancy legal word for a process by which a person sits down in front of a court reporter and gives testimony under oath that is transcribed by that court reporter. A deposition may end…
The issue of collecting payment after you’ve obtained a judgment or verdict has two main forks in the road – the first of which is an insurance issue. In auto accidents, for example, the defendant will have an insurance policy that will pay out some, if not all, of your judgment. Often, we have had…
The Importance of Completeness In every case, there is a “discovery process” where parties exchange information and begin to weed out the issues of a case. Many attorneys make the mistake, however, of assuming that just because materials (be they interrogatories (a fancy word for “questions” in writing), requests to produce documents, requests to admit…
A case often develops and “takes on a life of its own” due to the strategies attempted to be employed by defense attorneys. Essentially, a trial strategy can often draw a striking contrast between the way an incident seemed at the time of its occurrence, and how things are actually presented at trial. A good…
Tomorrow is a day we should keep in perspective, take a deep breath and remember. It was Abraham Lincoln who, in 1863, proclaimed (and no matter what side of the political fence you are on, the words are from the heart) “The year that is drawing towards its close, has been filled with the blessings…
Breach of contracts–written or oral (and, often, both) is a common, every day commercial / business issue that nearly any type of business–and individuals–face. Simply put, several elements are necessary to establish / form a contract whether it is oral or written: An offer; An acceptance of the offer; and “Consideration” (that is, usually money…