Author: cdtalaw

About Cross-Examining Eyewitnesses

About Cross-Examining Eyewitnesses

In any trial involving some event whether an interaction, accident, or transaction, the evidence presented in the form of testimony by eyewitnesses is typically immensely persuasive. There are some simple principles for lawyers to remember when formulating a plan to cross-examine a witness. Jurors place great weight on eyewitness testimony, especially if the witness has no apparent bias and is simply a neutral, disconnected party who happened to allegedly observe the event under scrutiny. The evidence offered through eyewitness testimony is promising to a juror, assuming that the witness is credible and reliable. If a juror believes that an eyewitness has...

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How Do I Know If I Should Take The Case?

How Do I Know If I Should Take The Case?

It really is no secret that the practice of law is highly competitive. There may be times when young lawyers and sole practitioners sit at their desks and wonder when a client will walk through the door. For attorneys, it is easy to find yourself taking every case that comes your way. However, in the long run, this may make your practice inefficient and unprofitable. As a young lawyer, how do you know if you should take a case? When attorneys accept a bad case from a client, several problems typically transpire. The matter causes the attorney to expend valuable resources...

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Florida Court Conducts Jury Selection Over Zoom

Florida Court Conducts Jury Selection Over Zoom

With the pandemic continuing to rage in the late summer of 2020, courts continue to adapt all over the United States. Florida’s courts have been operating under emergency guidelines since a March 13, 2020, order suspended jury trials and implemented other actions to restrict potential virus spreading activities in Florida state courts. Some jury trials have resumed in parts of Florida using remote teleconferencing technology for all or part of the proceedings. As a way to assist in planning how to safely resume jury trials during the COVID-19 pandemic, the Eleventh Judicial Circuit, Miami-Dade County, Florida, recently conducted a jury trial...

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CDTA’s Fall Semester Moves Forward

CDTA’s Fall Semester Moves Forward

As the fall approaches, the California Desert Trial Academy (CDTA) is ready to commence classes on September 8, 2020, both in-person and online in full compliance with government guidelines. The CDTA is dedicated to safeguarding the health and safety of students, faculty, staff, and community while making every effort to continue its Juris doctorate program. While the coronavirus pandemic is making the return to school a much different experience than it has ever been and ever will be for most, if not all, students, the CDTA upgraded its fixed facilities with extensive cleaning and sanitization of the interior facilities. The pandemic has...

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Avoid Overextending Yourself During The Pandemic

Avoid Overextending Yourself During The Pandemic

In the last months of the spring and summer, this blog has featured material with a focus on trying to help law students remain productive through the pandemic. Perhaps one aspect of the quarantine that has been overlooked is for everyone, not just law students, to avoid overextending themselves by trying to do too much during these trying times. As people everywhere are forced to stay at home as the global pandemic rages amidst events causing widespread demand for social change, there is a bottomless “suggestion box” to which all types of media are regularly contributing. It seems that maximizing our...

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NY Law Professors & Deans Support Diploma Privilege

NY Law Professors & Deans Support Diploma Privilege

The COVID-19 pandemic has caused a major dilemma for the Supreme Courts and State Bars of almost every American jurisdiction, as well, more importantly, tens of thousands of recent law school graduates. The quarantine has caused the cancellation of the traditional summer July bar exam. Although most jurisdictions have rescheduled their bar exams and made provisions to administer them online, many legal scholars, professors, lawyers, and judges have spoken out for licensing these recent graduates based on diploma privilege. Professors in New York have called for states to extend licensure based on diploma privilege. The 15 deans of law schools located...

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Location And Legal Office-Space Options: Sharing Space

Location And Legal Office-Space Options: Sharing Space

For attorneys, there are a variety of good reasons to share office space with their peers. Not only are there obvious economic benefits such as sharing rent, staff, office equipment, and other expenses, but there are valuable opportunities for client referrals, relationship-building, and mentorship. In this scenario, attorneys share just about everything - furnishings, equipment, personnel, supplies, and resource materials. Generally, in an office-sharing arrangement, the practitioner subleases with other practitioners, sharing common areas such as a lobby, kitchen, conference room, and any other shared section of the office. The responsibility of managing the space is shared, thus providing the flexibility...

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What Is The True Mission Of A State Bar?

What Is The True Mission Of A State Bar?

The California State Bar serves the people of California through careful oversight of the legal profession. Created by the California Assembly in 1927, the State Bar is a component of the California Supreme Court that licenses and regulates attorneys to protect the public from unscrupulous and fraudulent conduct by attorneys. The State Bar develops and enforces professional guidelines to which attorneys must adhere or face discipline. The guidelines for attorneys are contained in the Rules of Professional Conduct but attorneys must also adhere to other regulations, rules, and laws. The State Bar actively investigates and prosecutes consumer complaints against lawyers and even those who...

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New Lawyers Must Invest In Their Mental Health

New Lawyers Must Invest In Their Mental Health

Lawyers are typically perceived as successful members of society who are smart, strong, and resilient. This perception of success is often based on the notion that they (supposedly) earn a lot of money. Despite what many members of the public may think, many lawyers secretly struggle with various mental health issues such as depression, anxiety, stress, and addiction. Young lawyers must invest in their mental health and develop habits and routines that allow them to consistently deal with and release stress effectively. More concerning is the fact that many lawyers face these various mental health issues regularly and often fail to find help because they...

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Motion Practice – Preliminary Considerations

Motion Practice – Preliminary Considerations

Attorneys file a vast number of motions over their careers. Motion practice is the most common courtroom experience in a legal services practice. The submission of a motion pre- or post-trial enables a party to approach a court directly and request it to perform some specific action, such as a ruling on a legal issue. Motions may be filed at any stage of a criminal, civil, or even an administrative proceeding, and they may request almost anything. At its most basic, a motion is a request for an order. Whether an extensive, detailed, voluminous motion for summary judgment or a paragraph-long...

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