5 Tips to Deposing an Expert Witness

By John Gomez

Tip #1: Get all the Opinions
One good thing about deposing an expert is that you can do it, in theory, with virtually no preparation. All you need to ask is, “What are your opinions? What are the bases of your opinions?” Just keep repeating those questions and you are taking a basic, starter expert deposition. Repeat like a robot until the expert has expressed all of her opinions and their bases. Read More

Inadvertent Disclosure: The Evolution of an Ethics Rule

By David Carr

Most attorneys are familiar with the ethical rules that govern our professional conduct to some degree. Most attorneys, however, don’t pay much attention to the processes that create ethical rules. There may be some tendency to take these rules for granted, to assume that they reflect such ancient verities that they must have always been around in some form.  In fact, written ethical rules for the legal profession are less than 200 years old and far from reflecting eternal truths, they have often changed with the times as the norms of the profession change. In California, they are in process of what might well be a very radical change. Read More

The Vital Importance of Physical Exercise

By Brent Kupfer

We intuitively know that we should exercise, yet few of us can articulate the reasons why. Certainly, there are many benefits, but this article focuses on two that are particularly relevant to the legal profession: (1) Exercise staves off burnout; and (2) exercise improves cognitive functions. Bonus: for those who are struggling to get moving, see the motivational tips included at the end of this article. Read More

Elementary Cybersecurity: 7 Basic Precautions Every Lawyer Should Consider

By Bill Kammer

Most commentators believe that the bad guys are becoming more sophisticated while cybersecurity defenses are not keeping up with the threats. Our profession is vulnerable because many lawyers don’t like math and don’t benefit from in-house IT support or the resources of cybersecurity professionals. Lawyers continue to be soft targets in the possession of valuable financial and client material. We must reasonably try to avoid responsibility for losing that data, and those efforts should include these seven basic steps. Read More