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Creditors Beware

Today’s Take:  Creditors Beware When someone dies, our initial thoughts usually turn to compassion and reflection.  Rarely do we focus on questions like “Does this guy owe me money?”, “Can I still sue...

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Budgets Are Better Tools Than Estimates

Today’s Take:  Budgets Are Better Tools Than Estimates When a client or prospective client asks me to estimate the cost of the litigation it proposes to bring or defend, I cringe.  Why?  Because if my...

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Ex Parte Relief—Important, But with Potential Pitfalls for the Unwary

Today’s Take:  Ex Parte Relief—Important, But with Potential Pitfalls for the Unwary Even with the most careful planning, every lawsuit will typically have at least one time when the attorney will want...

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The Case for Judicial Reference

Today’s Take:  The Case for Judicial Reference California’s budget crisis has hit its judicial system hard, and will be hitting it even harder as further budget cuts in the judiciary will come out of...

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Preserving Evidence Through Demand Letters

Today’s Take:  The Evidentiary Implications in Sending and Receiving Demand Letters The first war cry of litigation is often the sending of a formal demand letter.  Why?  The most obvious reason is to...

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Sanctioning Spoliation of Evidence

Today’s Take:  Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the...

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8 Tips on Saving Legal Fees

Today’s Take: 8 Tips on Saving Legal Fees If you’re a client and you want to keep your legal fees down—and don’t you all—here are some tips for you (negotiating the fee arrangement aside): When your...

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Clients Want Golden Retrievers Not Basset Hounds

Today’s Take:  Clients Want Golden Retrievers Not Basset Hounds I have a T-shirt that says “Dogs Are The New Kids,” and for me, they are:  My three children are grown and are plane flights away, so my...

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Don’t Mess With Elders

Today’s Take:  Don’t Mess With Elders It is an unfortunate reality that as people get older, they become more and more susceptible to influence, abuse, and neglect.  In fact, California has recognized...

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The Perils of Creating Your Own Estate Plan

Today’s Take:  The Perils of Creating Your Own Estate Plan Who says trust and estate law isn’t interesting?  The case of Ivan Golde v. Wedelyn Eyvonne Wilburn reads like an episode from Dateline....

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Welcome! & Be Wary of Arbitration

Welcome to the inaugural post of “On Writs and Wine”, the blog of the Ervin Cohen & Jessup LLP Litigation Department.  ECJ is a mid-sized, full-service business and commercial law firm located in...

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Understanding the Civil Judicial System

Today’s Take:  Understanding the Civil Judicial System While the objective of the criminal court system is to serve and achieve justice, the objective of the civil court system is not.  Instead, it is...

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Protecting Your Elder Client’s Testamentary Intentions

It’s good to be an American.  Americans are living longer and living more of their life in better health.  As a society, we take better care of our bodies by eating better, working out more, and taking...

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