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Civil Litigation Estate Planning and Asset Protection
Corporate Family
Criminal Law and Practice Personal Injury
Drunk Driving Social Security Disability
Employment Law

Civil Litigation

5 Cross-Examination Checklists for an Auto Accident Case
All parties-comparative fault, plaintiff re injuries, accident reconstruction expert, eyewitnesses and the defense medical expert. By Walter Simpson

6 Tips for Objecting to Hearsay
Send a message to the jury, object on the record, limiting instructions, and more. ByJohn L. Conlon


Auto Accident Case: Deposing the Defendant Driver
Pattern deposition questions for auto accidents. By T. Evan Schaeffer

Auto Accident Case: Interrogatories for Proving Plaintiff’s Cause of Action
Duty, breach of duty, cause in fact, proximate cause, and damages. By Kevin R. Culhane

Breach of Contract Defense Interrogatories: Defendant to Plaintiff
Defendant to plaintiff: mistake, fraud, duress, undue influence, unconscionability, statute of frauds, illegality, impossibility of performance, frustration of purpose, accord and satisfaction, and novation. By Kevin R. Culhane

NEWCollections: 3 Discovery Tools Against a Judgment Debtor
Interrogatories in aid of judgment or execution, notice of taking deposition of judgment debtor, and a checklist of suggested debtor interrogation questions. By Lawrence R. Klemin

Cross-Examination Strategies
Practice points, case examples, sample questions and more. By Walter Simpson

Defendant’s Triple-Threat Discovery Form: Breach of Contract
Interrogatories, requests for admissions and requests for production all in one first-strike discovery document. ByRogge Dunn and Trey Cox

Deposing the Corporate Designee in Health Insurance Denial Case
Deposition preparation, strategy, and questions.By T. Evan Schaeffer

Deposing an Expert Witness
Impeachment of qualifications, understanding of case facts, basis for opinion, authoritative treatises, and expert opinions. By Daniel P. Dain

Deposition Objections: Application of the Work-Product Privilege
Anticipation of litigation,” examples, exceptions, waiver, assertion, resolving disputes. By Joseph A. Ranney

Deposition Outlines
Auto accidents, premises liability, medical malpractice, product liability, residential mold, land use, and damages. By Daniel P. Dain

Deposition Preparation: Taking or Defending a Liability Deposition
Deposition notebooks, procedural issues, preparing the problem witness, handling the tricky examiner, and more. By Daniel P. Dain

Elements-of-Proof Rubric
Claims and defenses, with evidence proving or disproving. By Beth D. Osowski

Essential Objections Checklist
A quick-reference list for your trial notebook. By Leonard Bucklin

Fraud and Misrepresentation Interrogatories
Intentional misrepresentation of fact, negligent misrepresentation, fraudulent concealment and nondisclosure, constructive fraud. By Kevin R. Culhane

Interrogatories: Breach of Contract
Contract formation issues: existence of offer, certainty of terms, and termination of offer. By Kevin R. Culhane

Interrogatories: Damages
Emotional distress, loss of consortium, death, special and punitive damages. By Kevin R. Culhane

Interrogatories: Interference with Business Relations
Existence of contract, defendant’s knowledge, interfering acts or conduct, causation, damages. By Kevin R. Culhane

Jury Questionnaires: 4 Customizable Forms
Personal injury, breach of contract, product liability, and basic. By Leonard Bucklin

Jury Selection Strategies for Car Accident Cases
In-depth list of model voir dire, with use notes and practice tips. By Susan Broome, Ph.D.

Jury Selection: Voir Dire Tips
With use instructions. By Leonard Bucklin

Maximizing Damages in Closing Argument
Guidelines for structuring your argument, use of visuals, rebuttal tips. By Jim Wren

Medical Malpractice Cases: Jury Preconceptions
Juror beliefs and questions. By Karen Lisko

Objections at Expert Witness Depositions
Discoverability, objectionable questions, pattern objections. By Joseph A. Ranney

Plaintiff’s Triple-Threat Discovery Form: Breach of Contract
Interrogatories, requests for admissions and requests for production all in one first-strike discovery document. ByRogge Dunn and Trey Cox

Punitive Damages: 7 Key Discovery Questions to Build Your Case
By Jim Wren

Summarizing Damages in a Personal Injury Case
Includes request for admissions and special damages list. By Leonard Bucklin

Trial Preparation: Voir Dire Diagram

With use instructions. By Leonard Bucklin

Voir Dire Questions
How to learn juror attitudes and characteristics. By Beth D. Osowski

What Juries Find Persuasive
There are few dumb jurors, but much more poor teaching. By Karen Lisko

Wrongful Death Interrogatories
Definitions, identification, investigation, auto accident, dangerous property condition, defective product, medical malpractice, defenses, and damages. By Kevin R. Culhane

California Civil Litigation

Breach of Contract for Failure of Consideration or Failure to Perform: Elements, with Complaint
Definition, elements, authorities, remedies, statute of limitations, affirmative defenses, related causes of action, form complaint. By Stanton T. Mathews & Kevin Lancaster

Breach of Implied Covenant ofGood Faith and Fair Dealing: Elements
Definition, elements, authorities, remedies, statute of limitations, affirmative defenses, related causes of action. By Stanton T. Mathews & Kevin Lancaster

Elements of Negligence
Definition, elements, authorities, remedies, statute of limitations, affirmative defenses, related causes of action. By Stanton T. Mathews & Kevin Lancaster

Objecting to Expert Testimony in California
Lack of qualifications, province of court and jury, inappropriate hypothetical question, scientific testimony, lay opinion. By Judge J. Michael Byrne (Ret.) & Judge Gregory H. Ward

Pretrial Preparation:Discovery Disputes in California
Motion to extend time, for protective order, to compel production, to compel further response, to compel compliance, sanctions. By Judge Owen Lee Kwong, Robert F. Kane, Donald G. Rez


Drafting an LLC Operating Agreement: Checklist
By Joseph W. Boucher

Criminal Law and Practice

Criminal Law: 4 Representation Agreements
Defense attorneys: define the scope of your representation carefully. By Thomas J. Farrell

Cross-Examination of Eyewitnesses
Confront the facts; do not downplay the terror of the incident. By Kevin J. Mahoney

Plea Bargains, with Forms
Consequences and procedures, with ARD application, diversion motion, diversion agreement, diversion restitution schedule, and plea agreement. By Thomas J. Farrell

Trial Tips: Challenging Written Statements
Cross examining the detective who obtained your client’s confession. By Kevin J. Mahoney

Federal Criminal Practice Excerpts

Criminal Pretrial Detention Hearings
Requirements and procedures. By Barry Boss

Criminal Pretrial Release on Conditions
Advice on bail bonds and conditions of release. By Barry Boss

Plea Bargaining
Tips for negotiating with the prosecutor. By Barry Boss

Drunk Driving

Attacking Field Sobriety Tests in a DUI Trial
Cross examination of the arresting officer, with tips. By Donald J. Bartell

Cross Examination in Drunk Driving Cases
A kinder and more effective approach. By Bruce Kapsack

Drunk Driving Defense: Attacking Widmark Calculations
How DWI lawyers can expose the charade of the prosecution’s expert. By Donald J. Bartell

Drunk Driving Defense: Challenging the Breath Test
DWI attorneys should focus on front line defenses. By Donald J. Bartell

Jury Selection: Voir Dire Questions for DUI Lawyers

Police, punishment, scientific evidence, expert opinion, constitutional issues, blood analysis, motor skills, nervousness, alcohol, and more. By Bruce Kapsack

Pattern Openings for DUI Attorneys

A strong positive argument, not a trial road map. By Bruce Kapsack

Selecting a Favorable DUI Jury

Tips, goals, voir dire questions, and a selection system. By Donald J. Bartell


California Drunk Driving Law Excerpts

California Drunk Driving Punishment Chart
Explaining drunk driving punishment to your client. By Paul Burglin and Barry Simons

Drunk Driving Tipsters and California’s Public Safety Exception
Evaluating the constitutionality of a drunk driving tip to the police, with checklist. By Paul Burglin and Barry Simons

Informal Request for Discovery from Prosecution in a DUI Case
California DUI lawyers can easily adapt this list of 27 items. By Paul Burglin and Barry Simons

Motions to Exclude Chemical Test
Refusal and denial of choice of tests. By Paul Burglin and Barry Simons

Employment Law

Document Requests
Model lists for a discrimination case. By Andrew H. Friedman

Document Requests in Sexual Harassment
Learn about prior complaints, disciplinary action, policies, investigations, and more.By Elizabeth Hubbard

Employment Attorney Fee Arrangements, with Clauses
Pattern language and use notes for 13 fee clauses. By Andrew H. Friedman

Employment Cases: Deposing the HR Manager in RIF Cases
Training, policies, statistical analysis, redeployment, advertisements. By Tod F. Schleier

Employment Discrimination: Defending Plaintiff’s Deposition
Intimidation, inaccurate summary of testimony, inappropriate questions, and error correction. By Andrew H. Friedman

Employment Discrimination: Shaping the Unripe Case
Complaint letter, employee notes, witness creation, “perfect” employee, mental health care help. By Andrew H. Friedman

NEWJuror Questionnaire: Employment Discrimination
Complete customizable form, plus practice tips. By Susan Broome, Ph.D.

Sexual Harassment Cases: Deposing the Supervisor/Harasser
Questions for learning about employee handbook, harassment training, relationship with plaintiff, job criticisms, and human resources investigation. By Elizabeth Hubbard

Supervisor Deposition Questions for Harassment, Retaliation, and ADA
Defenses, admissions, credibility, pretext, and more. By Tod F. Schleier

Estate Planning and Asset Protection

Asset Protection: Client Intake, with Retainer Agreement
Questions to answer, documents to obtain, and important points to make. By Alan R. Eber

Drafting for Incapacity of Trust Settlor
With 4 sample clauses/forms. By N. Dean Hawkins

Family Limited Partnerships
Advantages, structuring, funding, effect of a charging order. By Alan R. Eber

Foreign Trusts: Risks and Abuses
Foreign grantor trust, international business corporation, credit and debit cards. By Alan R. Eber

Intentionally Defective Grantor Trust, with Provision
Structure, how it works, benefits, considerations, and implementing language. By Alan R. Eber

International Asset Protection Trust
The Low Profiler, with requirements, drafting instructions, and implementing language. By Alan R. Eber

IRS Reporting and International Asset Protection Trusts
This “Low Profiler” trust has the benefits of being foreign without the IRS reporting requirements.
By Alan R. Eber

QTIP Trusts: Advantages and Disadvantages
Reverse QTIP election, potential conflict between surviving spouse and remainder beneficiaries, and other issues. By N. Dean Hawkins

Shifting Trusts and Disclaimers, with Four Sample Clauses
A shifting trust provides ease of understanding and asset protection. By Alan R. Eber


Trusts: Protecting Beneficiaries with Spendthrift Clauses
Usage and establishment clause. By N. Dean Hawkins


NEW3 Divorce Discovery Forms
Matrimonial interrogatories, matrimonial requests for production of documents, and custody interrogatories. By Rory T. Weiler

Divorce Proceedings: Understated Business Income
Tax returns and other sources such as variance analysis, internal control, credit cards, materiality. By Nicholas L. Bourdeau

Saving Income Taxes
How to make additional funds available to both parties in a divorce. By Melvyn B. Frumkes

NEWTips for Drafting the Premarital Agreement
Includes 2 checklists, plus tips on dual representation, what to disclose, child support from a former marriage and more. By Rory T. Weiler

Uncovering Hidden Assets in Divorce Proceedings
Guidelines for investigation. By Nicholas L. Bourdeau

Personal Injury

4 Case-Specific Client Interview Forms
Slip and fall, auto accidents, product liability and medical malpractice cases. By Ronald G. Bankston and John A. Tarantino

NEW4 Checklists for an Auto Accident Case
Task checklists for plaintiff and defendant, investigator witness interviews, and traffic accident photos to take. By Lawrence R. Klemin

Accident Reconstruction: 3 Motions in Limine to Exclude Junk Accident Reconstruction Science
How to use the IME and the subsequent treating physician to plaintiff’s advantage. By Steven R. Young and Michael R. Melton

Checklists for Dealing with Defense Doctors
Slip and fall, auto accidents, product liability and medical malpractice cases. By Ronald G. Bankston and John A. Tarantino

Cross-Examining the Defense Doctor re Pain
Overcoming 4 typical defenses. By Dorothy Clay Sims

Cross-Examining the Defense Orthopedic Surgeon
Strategies, outlines, and pattern examinations. By Kim Patrick Hart

Deciding Whether to Take the Injury Case, with Contingency Fee Agreement
With checklists and a contingency fee agreement. By Larry and Roger Booth

Defense Doctors: Debunking Claims of Exaggeration and Malingering
By Dorothy Clay Sims

Deposing and Examining the Economist
Strategy, pretrial preparation, and examination checklist. By Gerald D. Martin

Deposing the Defense Medical Expert About Pain
Sample questions to counter defense claims of exaggerated pain. By Dorothy Clay Sims

Deposing the Defense Medical Expert in Spine Injuries
Overcoming typical defenses to disc herniations. By Dorothy Clay Sims

Developing a Winning Strategy
Key factors affecting every personal injury case, techniques, and sample plaintiff and defense trial strategies. By Donald E. Woody

NEWDirect Examination Plan: Plaintiff in an Auto Accident Case
Includes tips, the strategic plan, a detailed outline, and witness examination questions. By Donald E. Woody

Economic Loss: Calculating Case Value
A simplified formula, unavailable elsewhere, for making rapid calculations in the courtroom. By Gerald D. Martin

Insurance Claims: Dealing with Adjusters
Tips to help increase the adjuster’s responsiveness and acceptance of your position. By Michael J. Morse

NEWMedical Negligence Cases: 3 Essential Practice Tools
A medical negligence client intake form, case-specific juror questionnaire, and over 6 pages of sample plaintiff voir dire questions. By Donald E. Woody

Responding to Defense’s Written Discovery and Avoiding Deposition Errors
Checklists and tips for personal injury cases. By Larry and Roger Booth

NEWThe Settlement Proposal: 5 Drafting Tips From an Adjuster
Includes a sample settlement proposal, plus tips on addressing adverse issues, dealing with pre-existing medical conditions, three items your proposal must include, and more. By Joseph L. Vaccaro

Slip and Fall Case:Deposing the Store Manager
Inspection practices, condition of the store, marketing displays, subsequent remedial measures, defenses, and other incidents. By T. Evan Schaeffer

NEWStrategies for Handling a Bad Faith Claim
Third-party vs. first-party, common law vs. statutory, identifying all sources of recovery, assigning a bad faith claim, negotiation tips, and more. By Joseph L. Vaccaro

Social Security Disability

Chart for Analyzing Disability Claimant’s Previous Work

Information required to perform a step-four analysis. By David Traver

Cross-Examination of Vocational Expert on U.S. Publishing Data

Disability lawyers can attack the method of compilation. By David Traver

Cross-Examination of Vocational Expert on Census Data
Dictionary of Occupation Titles (DOT) is not referenced by U.S. Census codes. By David F. Traver

Disability Claims and the Framework of the Medical-Vocational Guidelines
How disability advocates can reduce the occupational base. By David F. Traver

The Disability Hearing: Attacking the Vocational Expert’s Testimony on the Number of Jobs
Social security lawyers should ask for specific page and edition citations, and get copies of the resources used by the VE into the record. By David F. Traver

Disability Hearing: Using the Occupational Outlook Handbook in Your Cross-Examination
SSA regulations create an opportunity for social security attorneys. By David F. Traver

The Five-Step Sequential Evaluation Process for a Disability Claim
SGA, severe impairment, listing of impairments, residual functional capacity, significant numbers.By Thomas E. Bush

Interviewing the SSD Claimant: Pushing Back the Onset Date

Was the last job an unsuccessful work attempt or not substantial gainful activity? By Thomas E. Bush

Medical-Vocational Guidelines: Finding Maximum Residual Functional Capacity Possible
Chart with age, education, and work experience combinations. By Thomas E. Bush

Protect Attorney’s Fees From Being Taken to Pay Client’s Debts
Payee for EAJA fees, with protective client agreement. By Sarah H. Bohr

Questions for the Vocational Expert: Alternate Sitting and Standing


Light vs. sedentary jobs, walking requirements, bench height, and work station time. By Thomas E. Bush

Social Security Disability: Residual Functional Capacity in Musculoskeletal Impairments
Osteoarthritis, knee surgery, manipulatory ability, and errors in range of motion. Includes medical opinion form. By Dr. David A. Morton

Social Security Disability: Who is Eligible?
Examples of who is disabled under social security law, and advice on dealing with SSA. By Thomas E. Bush

Social Security Disability Benefits: Answers to Common Questions
Includes a sample memorandum and intake form. By Thomas E. Bush

Social Security Disability Claims: Dealing with Drug Addiction or Alcoholism

How SSA applies the drug addiction and alcoholism rules to the sequential evaluation process, with chart. By Thomas E. Bush

Social Security Disability Claims: Initial Hearing Questions for Claimant
Vocational training, work experience, medical history, and current treatment. By Thomas E. Bush

The SSA and Attorney Fees
The fee agreement process for approval of attorney fees. By Thomas E. Bush

The SSD Hearing: Questions on Physical Residual Functional Capacity
Outline dealing with the most common physical RFC issues. By Thomas E. Bush

Three Tests to Classify a Claimant’s Previous Work Experience as Past Relevant Work
Substantial gainful activity, duration, and recency are the three criteria to examine. By David F. Traver

Transferability of Claimant’s Skills: Principles and Cross-Examination
Low residual functional capacity makes it difficult to find transferability. By David F. Traver

   Updated 08/12/13