Come with me in your mind’s eye to London, England, May 6, 1840. There in the heart of the Mayfield District lived Lord William Russell. On that particular morning, he did not awake. The maid discovered him in bed, with ...

Tagged with: Paul Mark Sandler

You might be surprised to learn that, in certain circumstances, nonsignatories to a contract containing an arbitration clause may be forced to arbitrate. But that’s the law. I would like to share this with you, as reported by one of ...

Tagged with: Paul Mark Sandler

Many cases turn on the opinion of the expert witness — the only witness, with few exceptions, permitted to render an opinion about the facts in the case. Because the outcome of your case may depend upon them, selecting experts ...

Tagged with: Paul Mark Sandler

Much is written about the dramatic changes in law practice today, how it has ceased to be a profession and morphed into big business with the overriding goal of achieving maximum monetary profit. Fortunately, most lawyers today continue to value ...

Tagged with: Paul Mark Sandler

Cross-examination is like a chain saw. In the hands of the careless advocate, it can dismember your own client’s case with a single mistake. For the prepared trial lawyer, cross-examination offers the opportunity not only to shape and advance the ...

Tagged with: cross-examination Paul Mark Sandler

Reading the rules is always prudent — even more so when it comes to filing a complaint. Whether you’re a young lawyer aiming to perfect the craft or a veteran needing a refresher, I have compiled this checklist to guide ...

Tagged with: Paul Mark Sandler

We lawyers and judges every day, consciously or unconsciously, fight in support of the rule of law. Our heritage is rich, established by those who have come before us. Some are well-known, others are not. One little-known lawyer of ancient ...

Tagged with: Hortensia Paul Mark Sandler

The unpredictability of a witness’ testimony hangs like a cloud over the most confident trial lawyers. The cloud darkens when contemplating the mistakes of your own witness; experiencing them at deposition can be like a thunderstorm in your mind. Imagine ...

Tagged with: Paul Mark Sandler

Success in trial often depends on deposition preparation. Here are some guidelines to stay within the bounds of ethics and propriety. First, prepare yourself. Read the Rules of Civil Procedure, both state and federal, that relate to discovery, including depositions. ...

Tagged with: deposition preparation depositions Paul Mark Sandler

We return to the hypothetical case of Smith v. Jones. Counsel for the state has concluded their argument against allowing social media searches of the venire, as well as jury members both during and after trial. The judge is about ...

Tagged with: Paul Mark Sandler