2014

Blog Posts in 2014

  • When Does Liability Result from Soil or Earth Movement?

    When the soil, earth or improvements of one property move onto the adjacent property, either through rain, wind or other natural event, does any liability, or responsibility, occur as well? The Supreme Court set forth the initial rule of law in California back in 1966, holding that an adjacent landowner must “accept the surface water which drains onto his land,” but that the upper landowner cannot ...
    Continue Reading
  • Law Office by Day, Art Gallery by Night

    The main office of Haffner Law Group is located in the heart of Ventura’s downtown district. Ventura is an exceptional place comprised of a vibrant downtown, thriving businesses, and a flourishing arts community. We like to be involved in the community and we aim to add something valuable and different by providing not only a valuable service to our clients, but also by engaging residents through ...
    Continue Reading
  • Why Do I Need an Experienced Lawyer?

    All California lawyers licensed to practice law have gone to law school and passed the California Bar Exam, which is a multi-day, grueling test that has, in good years, only a 50% passing rate. All California lawyers have taken law school classes covering a wide range of topics, and most lawyers specialize in a specific area of law—whether criminal, family, personal injury, or transactional law, ...
    Continue Reading
  • Why is it Important to have a Litigation Lawyer Review Contracts?

    Companies, corporations, partnerships, and individuals, enter into contracts on a daily basis. Many companies use form contracts, standard language used repeatedly without updating or reviewing. General contractors generate standard subcontracts for trades, while owners and developers also use the same form contracts over and over. Many of these contracts are reviewed by corporate counsel, a ...
    Continue Reading
  • How Important is Client Communication and Trust?

    The relationship between a lawyer and, by extension, the law firm, with the client must be based entirely upon trust and clear, open and honest communication. From the initiation of the first client contact with the lawyer, establishing trust, openness and honesty are critical to maintain the relationship and fully advocating the client’s position. Clients or potential clients may withhold ...
    Continue Reading
  • Why Does Respect for the Litigation Process Make a Difference?

    The court system is a highly complex series of rules and procedures. The judge assigned to each case is responsible for enforcing compliance with all of the rules, whether they regard the parties’ pleadings, the discovery process, or trial procedures. As a result, the assigned judge can have a huge impact on a litigated case, as the judge may rule on virtually hundreds of elements that effect a ...
    Continue Reading
  • How to Avoid Claims and What to do When You Get One

    Companies, large and small, and individuals get claims against them. It seems inevitable that after a passage of time nearly everyone will get a claim made against him, or his company, at some point. Claims are, in simple terms, when an individual or company has a difference of opinion as to what happened, whether someone or something was damaged, and who is responsible for that damage. What can ...
    Continue Reading
  • Why Do I Need a Trial Lawyer if I Just Want to Settle?

    The vast majority of cases do not go to trial. The vast majority of cases are resolved before a jury is selected, much less by a jury’s decision. The vast majority of cases are disposed of through mediation, arbitration or settlement conferences. The vast majority of clients, whether plaintiffs bringing suits or defendants opposing them, do not want to incur the time, expense and uncertainty of ...
    Continue Reading
  • Experienced Attorneys Obtain the Best Settlements

    No matter what kind of case- automobile accident , bicycle or pedestrian accident, slip and fall incident, or even contractual disputes or employment issues, civil litigation trial attorney settle far more cases then they try, yet the more experienced trial attorneys also accomplish superior settlements. Why is this? For several reasons—initially, the seasoned trial attorney has a strong sense of ...
    Continue Reading
  • Every Trial Needs a Theme

    Trials are highly organized, adhering to a very specific set of rules and procedures. The trial process itself takes significant time to learn—simply how to do one, how to address the jury, how to make an opening statement, how to introduce evidence, how and when to object to evidence, how to move exhibits into evidence, how to argue jury instructions, and how to make a closing argument, to ...
    Continue Reading
  • What is a Deposition and Why Does it Matter?

    A deposition is a highly structured, formal legal proceeding involving a case in litigation. A deposition occurs when one side demands that a person on the other side of the case—or an independent witness to events– appear to answer questions. A deposition is a technical, legal process. The proceeding occurs either at a lawyer’s office or at a court reporters’ office. The format is determined in ...
    Continue Reading
  • "Religious" Exemptions- A Matter of Civil Rights

    In the recent Hobby Lobby ruling, five of nine Supreme Court justices abandoned our country’s foundation of separation of church and state and ruled that the religious beliefs of a corporation can trump the rights of employees. It also emboldened some religious leaders like Rick Warren to send a letter to Obama requesting a robust “religious freedom” exemption in Obama’s anticipated ...
    Continue Reading
  • What Are Pleadings and How are They Used?

    A pleading is the formal writing that documents your lawsuit’s complaint or answer to a complaint. They are filed with the court and serve as the vehicle towards your recovery or your defense. Pleadings contain causes of action, prayers and affirmative defenses. There are also very specific requirements that must be contained within the pleading—things that must be “plead.” If there are multiple ...
    Continue Reading
  • Presentation is a Premium in Jury Trials

    Presentation is an important element of trial practice. What does that mean? How does one utilize presentation during trial? Why is presentation effective? Why should it be considered in trial practice? A jury trial is decided by a group of lay jurors—taken from the community where the case is venued- that decides the case’s facts and the damages owed, if any. The jury is tasked with making ...
    Continue Reading
  • What is Admissible Evidence and Why is it Important?

    Juries and courts decide cases based upon what evidence is introduced in court or at trial. “Evidence” is some sort of proof of what happened, and evidence being “admitted” means that the evidence may be offered to the jury. If evidence is ruled by the court to be inadmissible, the jury will never see it and many not consider it. If certain evidence is not admitted in trial, the jury’s decision ...
    Continue Reading
Page 1 of 2