Resolve to be honest at all events; and if in your judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer - choose some other occupation.
~ Abraham Lincoln
~ Abraham Lincoln
The decisions of the courts on economic and social questions depend on their economic and social philosophy. ~ Theodore Roosevelt. Experts can be found rather easily, but I find it is an experts personality that counts in the end. I want an expert that is able to effectively communicate with my jury in a personable manner. Remember, in the battle of the experts the issue may very well be won on character traits alone. Federal Rule 702 sets forth the general standard to be qualified as an expert. There is no certificate or college degree mandate, but rather the judge will make the determination usually upon motion and review of several factors: Does the proposed expert witness possess experience, knowledge, skill, training, or education to give an opinion based on sufficient facts produced by reliable principles and methods which can be applied to the facts of the case with sufficient reliability? If yes, he/she is an expert. Yes, many persons can meet the standard, but the rub is in the conveyance of the information from the expert witness to my jury. Everyone is bias - never believe otherwise. It's inherent in being human. Always use an expert with some character. Do your client a favor. The "statute of limitation" prevents a person from bringing an action in court once a certain time period has passed. The main limitation periods are codified in the Code of Civil Procedure section 312 et seq., while others are disbursed throughout many specific codes. The limitation on bringing your action in court is generally determined and classified according to your substantive right violated, or the nature of your injury. Torts to the person generally hold a shorter period to bring the action while torts to property and contract issues generally have longer periods. Several statutes create an obligation on an attorney, hired by a client, to keep the client informed about the client's matter. It is an attorney's duty to promptly reply to reasonable inquiry by the client, and to always keep the client informed of significant developments in the client's matter. I hear too many stories of people not being able to reach their attorney, and their calls seldom returned. Remind your attorney of his or her duty should this happen to you. In writing would be best of course. Each action has specific requirements. You must check the local rules of the court you are in, and also the California Code of Civil Procedure and the California Civil Code. Does the complaint state, in ordinary and concise language, facts sufficient to constitute a cause of action? Spent the better part of the day checking local court rules and drafting "In Limine" Motions (limits evidence). I'm never left without an argument to make. There seems to always be two sides to a story - whatever the sides have to say. As the maxim states, "For every wrong there is a remedy." An obligation arising from law may be enforced in the manner provided by law, or by a civil action. When the Court has jurisdiction under the Constitution, the Code of Civil Procedure, or any statute, all the means necessary to carry it into effect are also given. Law is the peoples means of redress. Well The Blog is up and running. More to come! |
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