A body of law referred to as “civil procedure” dictates when and where the lawsuit can be filed; how to properly present the issues to the court; and the conduct of the parties, attorneys, judge and jury. An effective litigator (trial lawyer) must know how to perform discovery which involves the process of utilizing certain rules to obtain information about the lawsuit from the other parties and/or third parties. This information can be very valuable in compiling/formulating evidence in support or in defense to the pending claims. Your lawyer must be well-skilled and knowledgeable in the use of these “discovery tools”. Some of which include taking depositions, drafting interrogatories and admissions of fact, motions to produce documents/things and to inspect premises and to preserve/perpetuate the evidence.
In some cases, the issues of fact and law are decided by the judge. In other cases, the issues of law are decided by the judge and the issue of fact and the final decision is decided by the jury. Litigation can be quite complex and it is essential that you select a lawyer that has both bench trial and jury trial experience.
An effective litigator must also know how to appeal your case. An unfavorable decision sometimes should be appealed to a higher court in an effort to have it overturned or modified. There are different kinds of appeals to different kinds of courts. It is a technical process which requires an attorney to have a working knowledge and experience. I am able to perfect appeals at the administrative, state court and federal court levels. Feel free to ask me about my litigation experience.
Witness checklist:
(1) Refresh your memory prior to testifying from any written or recorded materials which are available;
(2) Tell nothing but the truth;
(3) Do no guess at the answer;
(4) Keep your answer pertinent to the question and do not talk about matters which are not directly related to the question;
(5) Do not be sarcastic since sarcasm may detract from your credibility.
(6) Be respectful of court personnel and look at the jury and the judge during your testimony.
Reported and unreported cases processed in various appellate Courts:
Walden v. Walden,
835 So.2d 513, 2000-2911 (La.App. 1 Cir. 8/14/02), La.App. 1 Cir., August 14, 2002 (NO. 2000 CA 2911)
Lovell v. Lovell,
490 So.2d 330, La.App. 1 Cir., May 28, 1986 (NO. 85 CA 0389)
Moseley v. Moseley,
Not Reported in So.2d, 2006 WL 3813713, 2006-1752 (La.App. 1 Cir. 12/28/06), La.App. 1 Cir., December 28, 2006 (NO. 2006 CU 1752)
Campbell v. Commissioner of Social Sec.,
Slip Copy, 2008 WL 5611932, W.D.La., September 30, 2008 (NO. CIVA 07-1690)
Pickle v. International Oilfield Divers, Inc.,
791 F.2d 1237, 1987 A.M.C. 2038, C.A.5 (La.), June 16, 1986 (NO. 84-4348)
Business Brokers of Louisiana, Inc. v. Van Den Aardweg,
Not Reported in So.2d, 2006 WL 3813746, 2005-1969 (La.App. 1 Cir. 12/28/06), La.App. 1 Cir., December 28, 2006 (NO. 2005 CA 1969)
Campbell v. Commissioner of Social Sec.,
Slip Copy, 2009 WL 335275, W.D.La., February 09, 2009 (NO. CIVA 07-1690)
Billiot v. Alton's Bakery of Morgan City, Inc.,
398 So.2d 624, La.App. 1 Cir., March 23, 1981 (NO. 14,006)
In re Patterson,
Not Reported in B.R., 2006 WL 2846870, Bkrtcy.W.D.La., April 12, 2006 (NO. 05-52456)
State v. Hiles,
536 So.2d 813, La.App. 1 Cir., December 20, 1988 (NO. KA 88 0689)
Stay-N-Play Discovery School, Inc. v. Alverez,
Not Reported in F.Supp.2d, 2006 WL 2947878, E.D.La., October 14, 2006 (NO. CIV A 06-2979)
Stay-N-Play Discovery School, Inc. v. Alverez,
Not Reported in F.Supp.2d, 2007 WL 2900473, E.D.La., October 03, 2007 (NO. CIV.A. 06-2979)
Hoffpauir v. Hoffpauir,
Not Reported in So.2d, 2007 WL 437769, 2006-1923 (La.App. 1 Cir. 2/9/07), La.App. 1 Cir., February 09, 2007 (NO. 2006 CU 1923)
Lovell v. Lovell,
545 So.2d 1314, La.App. 1 Cir., June 20, 1989 (NO. CA 88 0835)
Sweetser v. Streva, 450 so.2d. 1007 (La. App. 1 Cir., 1984)