One of the first obstacles a plaintiff (i.e., the party filing the lawsuit) encounters at the beginning of a lawsuit is a motion to dismiss (known in some states as a demurrer) for failure to state a claim (AKA failure to state a cause of actio

Affidavit vs. Declaration: What's the Difference Anyway?

Oct 13th, 2018 7m 14s

The terms "affidavit" and "declaration" are often used interchangeably . . . but there are slight differences between the two. In this short episode, you will learn: - What is an affidavit? - What is a declaration? - How is an affidavit similar

5 Things You Can Do to Protect Your Assets Before You're Sued

Jul 26th, 2018 16m 54s

If someone sues you and obtains a judgment, he/she can pursue your personal assets to satisfy the judgment. This may include your savings, salary, personal property, jewelry, and even your house. Lawsuits can come out of nowhere. You get distra

Essential Tips for Writing a Persuasive Motion

Jul 20th, 2018 30m 46s

In this episode, I discuss how to write a clear and persuasive motion, using many of the lessons and techniques learned in almost a decade of litigation practice. Included are tips I learned from active and retired judges, and from excellent la

Should You Represent Yourself in Court?

Jul 13th, 2018 19m 48s

Deciding whether to represent yourself in court is an important decision that should not be made lightly. That being said, with some exceptions, self-represented parties (“pro se” or “pro per” parties) CAN effectively represent themselves in co

Can You Represent Yourself in Court?

Jul 13th, 2018 5m 56s

Each year, millions of Americans find themselves involved in a lawsuit or a legal dispute with the significant possibility of an imminent lawsuit. With the rising cost of attorneys' fees, many people are left with the decision of whether to rep

Revenge Porn Law: Rob Kardashian, Blac Chyna, and Nonconsensual Pornography

Aug 1st, 2017 17m 19s

On July 5, 2017, Rob Kardashian, of the famous Kardashian TV family, uploaded multiple nude photographs of his ex-fiancee, rapper Blac Chyna, to his Twitter and Instagram accounts. Did Kardashian violate California's Penal Code section law bann

Objection to Leading Question? Try Rephrasing

Jun 30th, 2017 8m 29s

A leading question is one that suggests the answer sought by the examiner.* For example: "You met with Mr. Williams the evening of July 25th, correct?" (LEADING) vs. "When did you meet with Mr. Williams?" (NON-LEADING). Leading questions are ge

Does Law School Prepare You To Be A Lawyer?

Jun 6th, 2017 54m 53s

After three years of challenging legal education, incoming attorneys graduate from law school eager to take on the challenges of the profession and practice law. But does law school actually prepare attorneys for the rigorsof litigation practic

Tough Glove: The O.J. Simpson Fiasco

Apr 19th, 2017 37m 19s

On June 12, 1994, the bodies of O.J. Simpson’s ex-wife, Nicole Brown, and her friend Ron Goldman, were found outside Brown’s condominium in Brentwood, California. In what is considered the "Trial of the Century," O.J. Simpson was ultimately acq

Oh No! My Dog Bit Someone: Dog Bite Lawsuits

Mar 9th, 2017 32m 26s

If your dog bit someone, do not panic. One of the first things you should do is educate yourself about your potential liability to the person injured. Each state has its own laws on the topic, but there are a few common patterns and defenses, w

Protecting the President: The Secret Service

Feb 15th, 2017 22m 25s

Few agencies are more shrouded in mystery than the United States Secret Service. It even has the word "secret" right in its name! In this episode, we trace the fascinating history of this federal agency–from its origins as an investigative agen

Unhappiness and Depression Among Lawyers: An Epidemic

Feb 9th, 2017 45m 33s

According to the Dave Nee Foundation, which promotes awareness of depression among lawyers, “lawyers are 3.6 times more likely to suffer from depression than non-lawyers.” In a February 2016 study published in the Journal of Addiction Medicine,

Net Neutrality: What is it, What is its Future, and Why Should You Care?

Jan 31st, 2017 28m 46s

With the recent appointment of Ajit Pai to chair the Federal Communications Commission (FCC), the current regulatory regime of net neutrality is expected to be eliminated or significantly curtailed. The elimination of net neutrality may impact

The Worst Supreme Court Decision Ever: Dred Scott v. Sandford (1857)

Jan 27th, 2017 23m 2s

Dred Scott v. Sandford (1857) is widely considered to be the worst decision ever issued by the United States Supreme Court. Dred Scott, a slave, sued for his freedom on grounds that he had resided in the free state of Illinois and the territory

Waivers and Releases of Liability: Those Things We Sign But Rarely Read

Jan 24th, 2017 11m 34s

In one form or another, you're exposed to waivers of liability almost every day. Ever wonder what exactly you're giving up with these contracts? Spoiler alert: A LOT! Even The Legal Seagull has a waiver of liability in its disclaimer. Check it

Do I Need a Prenup? Marriage and Money

Jan 20th, 2017 28m 10s

A prenuptial agreement (“prenup”) is a contract between two people, signed before marriage, detailing how assets and liabilities will be divided in the event of divorce or death. When this type of contract is signed during marriage, it is refer

If You Die Tomorrow: Do You Need a Will?

Jan 17th, 2017 32m 57s

If you died tomorrow without a will, who would inherit your assets? Who would be your children's guardian? What would happen to your remains and who would carry out that unenviable task? How would your debt and final expenses be paid? Do you re

Defenses to DUI / DWI Cases: Drunk Driving, Drugs, and the Law

Jan 12th, 2017 55m 40s

Driving under the influence of alcohol or drugs (DUI) is illegal in all 50 states. Some states refer to this as driving while impaired or driving while intoxicated (DWI). I interviewed Deputy Public Defender Omid Haghighat about the ins and out

OBJECTION! A Guide to Courtroom Objections

Jan 4th, 2017 36m 12s

In large part due to Hollywood's sensational portrayal of courtroom dramas, most people have a very distorted understanding of how courtroom objections work. In this episode, we go over the most common objections, using actors to play the diffe

How to Write a Great Demand Letter

Dec 29th, 2016 38m 18s

A demand letter is a document that gives formal notice that you are considering legal action. Most demand letters contain a demand for money or some other form of remedy. Demand letters are typically written by attorneys. However, non-attorneys

When in Rome: How to Act in Court

Dec 26th, 2016 26m 17s

“When in Rome, do as the Romans do.” Yes, it's an annoying and overused cliché, but an important piece of advice for how to act in court or any other new environment. Going to court is no different than any other new place. There are certain ru

S**t Out of Luck: Don’t Blow the Statute of Limitations!

Dec 21st, 2016 14m 8s

Statutes of limitation are laws limiting the time to file a lawsuit for a particular event or set of facts.* Statutes of limitation cut off a party’s right to sue another party after a certain time period. Legal claims, like the salami in your

Justice Ain't Cheap: Does It Make Sense for You to Sue?

Dec 18th, 2016 27m 35s

Before you even consider filing a lawsuit, you must determine whether it makes financial sense for you to proceed. In this episode, we discuss some important factors to consider when evaluating the economic wisdom of proceeding with a lawsuit.

Exculpatory Clauses: Signing Away Our Right to Sue

Dec 12th, 2015 43m 4s

You may not recognize the term exculpatory clauses; however, it may surprise you to learn that you have signed dozens upon dozens (if not hundreds or thousands) of them. In fact, you may have even signed one today! You have “agreed” to an excul