Law For The Rest Of Us

A deposition can be an intimidating matter, especially if it is the first time that you are being deposed. Knowing what to expect can help. The purpose of this article is to help the lay reader understand what a deposition is, how it functions and what you might expect at a deposition if you are a deponent. A caveat—even with this information, if you have been served with a deposition subpoena, you should seek the advice of an attorney and engage an attorney to represent you at the deposition. Civil litigation is a method used to sort out the liability for purported wrongs against people. It is a type of civilized warfare. The people involved are dressed nicely. They often smile at you when asking the most damaging questions. A deponent’s testimony is often critical to the resolution of the matter at hand, but it is important to understand what is being asked of you, and to answer truthfully to the best of your ability within the context of your attorney’s advice and representat

In a word, the answer is" yes." "Much is expected from those to whom much has been given." Lawyers, like doctors and other professionals, have been given much. They have had access to education. They have specialized knowledge. And although lawyers, like doctors, have worked hard to get through school and to practice in their respective fields, they also have the ability to earn much by virtue of their education. The average attorney, if he or she is charging by the hour, now charges over $250.00 per hour. Most attorneys work a great deal of hours over the course of any given week. Attorneys generally work longer than an eight hour day. Some of that time is billable, meaning the attorney is able to charge their client for that time. Some is not. Most law firms have a billable hour requirement. Many attorneys in larger firms must bill 2000 hours per year. We can all do the math. It adds up to a lot over money over time. I believe that attorneys are justified in reque

Legal memoranda, like legal briefs, are usually written in a formulaic fashion, following certain rules that make is easy for a judge or other legal professional to digest the document quickly. Legal memoranda usually provide the underpinnings for most legal briefs. So, whether you need to prepare a memorandum or brief or merely need to decipher one, it may be helpful to know that most memoranda and briefs follow the same format. A very simple legal brief format follows this discussion. The format is called IRAC, which stands for Issue, Rule, Analysis/Argument and Conclusion. The following further explains the format. Issue In a clear and succinct manner, state the issue at hand. The issue can be formulated as a heading such as: “Whether the statute of limitations prohibits the cause of action for negligence by the plaintiff.” This may be how you see the issue stated in a legal brief. This heading is numbered and centered on the page as are all the subsequent headings.