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Ken Lopez is the President/CEO of A2L Consulting. He recently authored an article in the King County Bar Bulletin in which he recommends the use of aikido, a martial art, approach to trial. Lopez puts it this way: “This is the idea that you can use someone’s momentum against them. If they are running at you, you can move to the side and trip them — and they will fall. This requires far less energy…
Last April, the U.S. District Court for the District of Colorado decided in an action for declaratory relief that the Colorado Construction Defect Action Reform Act (“CDARA”) does not afford insurers the right to separate notice, beyond that of the claimant to the construction professional, of their duty to defend the insured. This case, Auto-Owners Insurance Company v. High Country Coatings, Inc., involves a dispute between a construction professional, High Country Coatings (hereinafter “HCC”), and…
Higgins, Hopkins, McLain & Roswell is pleased to announce that Ben Volpe has joined the firm as an Associate. He is a graduate of the Catholic University of America Columbus School of Law, graduating cum laude. Mr. Volpe has experience working as a federal contractor supporting the U.S. Department of Homeland Security and the U.S. Office of Personnel Management. Mr. Volpe also served as a sworn university police officer at his graduate school, George Washington…
–> The word “misconduct” has nasty connotations.   “Misconduct” has been defined as “intentional wrongdoing” and specifically “deliberate violation of a law or standard especially by a government official.”[1]   When referring to alleged prosecutorial error, some appellate courts have elevated the prosecutor’s conduct to that tantamount to criminal behavior.  For instance, State v. Campbell, 23 P.3d 176, 181 (2001), observed:  “The question of whether a particular prosecutor has been guilty of misconduct in the…
You can get a copy of Jury Selection Handbook: The Nuts and Bolts of Effective Jury Selection if you teach and want to request a copy of this course book. The preferred method of getting an examination copy is to visit the Jury Selection Handbook’s page and just click on “request a complimentary copy” button at the bottom of the page. Your request should include the course name for which the book is being considered, semester(s)…
Even when you are equipped with the skills and strategies covered in Cross-ExaminationHandbook, they will not be enough to do damage to the credibility of a tough witness. A tough witness is one who is armed with the truth and has been thoroughly prepared to testify at trial. The best that you can accomplish with a tough witness is to elicit concessions that either support your case theory or undermine the other side’s case theory.…
While Nunn-Agreements[1] may be appealing for both plaintiffs and defendants where an insurer unreasonably fails to defend a lawsuit, a recent opinion from The Honorable Marcia Krieger in the United States District Court of Colorado[2] (“Opinion”) demonstrates the importance of first confirming that there exists a viable insurance claim before proceeding with such a Nunn- Agreement. The facts giving rise to the Opinion were as follows. In March 2015, a Homeowner couple (the…
Cross-Examination in the Dr. Conrad Murray (Michael Jackson manslaughter trial) How you prepare your witnesses for direct and cross-examination is critical to your success in trial. The following is an indispensable checklist along with notes for thorough and effective witness preparation. Ö      Preparation for the courthouse and courtroom: –      Courthouse – where is it? Note: It is not unheard of that a witness will go to the wrong courthouse or courtroom. Tell your witness not…
The Jenner and Block Attorney-Client Privilege Handbook was recently distributed through an email by David Greenwald. Greenwald wrote: “This work has evolved from a modest outline inspired by the U.S. Supreme Court’s decision in Upjohn Co. v. United States more than 30 years ago.  Through regular provide practical information for in-house and outside counsel.  “We provide this document to our clients, friends and colleagues free of charge.  Please feel free to forward the handbook to anyone who…
Let’a examine how lawyers communicate in writing. Here’s how a lawyer wrote the sentence—“I give you an orange”: I give you all and singular, my estate and interest, right, title, claim and advantage of and in that orange, with all its rind, skin, juice, pulp and pips, and all right and advantage therein, with full power to bite, cut, suck, and otherwise eat the same, or give the same away as fully and effectually as…