Auto Accidents from the Plaintiff’s Perspective: The Client Interview, Prelitigation Investigation & Evaluation
Benjamin Franklin’s famous quote, “By failing to prepare you are preparing to fail,” could not be more instructive to the process that should be embraced every time a new personal injury case walks in the door. Effective representation of any personal injury client begins with the initial client interview. In most cases, the initial interview or meeting will set the tone for how the case proceeds.

Discovery Rule 26 — A Practitioner’s Guide to State and Federal Rules
With pretrial discovery we have generally eliminated “Perry Mason moments” at trial, but parties are still reluctant to give up too much too soon. The discovery rules prod us to disgorge facts early and often if the matter is relevant to either a claim or defense in the action and is either admissible or “reasonably calculated to lead to the discovery of admissible evidence.”

Bell Atlantic Corp. v. Twombly: A New Definition of Notice Pleading for Federal Courts
In terms of day-to-day civil practice, the U.S. Supreme Court’s recent decision in Bell Atlantic Corp. v. Twombly1 is, at least on its face, the most significant of the past year and perhaps the past decade.

Making Sure You Can Use the ESI You Get: Pretrial Considerations Regarding Authenticity and Foundation
In the modern litigation world, a trial lawyer often requests, assimilates, produces and generates vast amounts of computer data, computer models, computer-generated charts and timelines, animations, e-mails, spreadsheets, digital recordings, Web site materials, instant messages, digital photographs, chat room transcripts, metadata, etc. This information is useful, however, only if one can get it into evidence.

Taking an ‘Expert’ Witness’ Deposition
Ask 10 lawyers about the strategy they employ when taking an “expert” witness’ deposition and you will get 10 different answers. The question, “what should I do during an expert deposition?” might commonly draw the answer, “it just depends.” Although somewhat equivocal, it is actually the correct answer.

Relevance and Reliability: What All Expert Testimony Needs
Civil trials without some expert testimony are becoming rare. Some believe jurors view experts as hired guns and discount their testimony. Others believe a polished expert will “carry the day,” even in a questionable case. Regardless of your school of thought, the debate is moot if the expert never takes the stand.

Using Focus Groups to Improve Trial Presentations: A Cost Effective Approach
Over the last 20 years I have used many forms of focus groups or mock juries to prepare for trial.  Focus groups, whether conducted internally or by professional consultants, inevitably yield good information about how “the average person” reacts to a trial story. However the cost can be prohibitive.

Preparing for Trial, or What I Didn’t Get to Do on My Spring Break
The old saying “failure to plan is planning to fail” may sound cliché but it is at least as true in the trial preparation setting as in any other. Failure to adopt and implement a trial plan in a practice emphasizing litigation will invariably result in many sleepless nights and above average marital stress. This trial plan does not need to be overwhelming; in fact, it can and should be quite simple so that it is easy to use.