Depositions are where the lawyers get to ask the various witnesses and parties what they know. Depositions are used for many different things, but the important thing about depositions today is that they let the lawyers “lock down” what the … Continue reading →

Sometimes a client will come to me and want me to threaten someone with criminal prosecution. Usually the conversation goes like this: PC: “‘Joe’ owes me $50,000.00. I want you to tell him that if he doesn’t pay me I’ll … Continue reading →

You’ve heard of the “outrageous” McDonald’s case? You know it, it’s the poster child for tort reform. Well, did you know that: 1. Despite hundreds of warnings (at least 70 prior reported complaints), McDonalds refused to lower the coffee temperature … Continue reading →

The General Rule You absolutely must learn that “You have the right to remain silent” REALLY means SHUT UP!!!! It means “YOUR LAWYER WILL TELL YOU NOT TO TALK TO US BUT WE THINK YOU ARE SO STUPID YOU WILL … Continue reading →

September 17, 2010, was the Constitution’s 223rd Birthday! Yes the Old Girl has finally had another birthday. Celebrate all who will! For those who care, a good re-reading of the literal words of the Constitution is important. Here’s a link … Continue reading →

 OC – Opposing Counsel PC – Potential Client SWMBO – She Who Must Be Obeyed–wife or girlfriend. From the Rumpole of the Bailey series of books by John Mortimer. Dramatized several years ago on PBS. YMMV – Your Message … Continue reading →

In my experience, clients just love “flat fees.” They regularly ask me about them. Well, “flat fees” may be okay for many times of legal issues but, for litigators like me, they are a problem. Unlike a house painter, I … Continue reading →

If you are not in California (where Covenants Not To Compete are effectively worthless) there is, generally speaking, a 3 prong test: Given the industry involved, is the Covenant reasonable in terms of time limit, job functions or descriptions prohibited, … Continue reading →

Frequently, the most economical way to protect proprietary information like customer lists, prices, costs and technologies is to treat them as trade secrets. Keeping the secret provides an additional benefit—you can sue whoever steals it. To do that, however, you … Continue reading →

This article is edited and reprinted with the permission of Evan L. Loeffler Life would be a lot simpler if you could buy or sell real estate as easily as buying or selling a used car. When you buy or … Continue reading →