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September 13, 2020

How to Prepare a Complaint

Okay, it’s time to sue your evil enemy – your nemesis.  Or perhaps you’re a young lawyer working on your first Complaint for an old grumpy law partner.  Today, I’m going to tell you how to draft a lawsuit – from Caption to Signature Line. A lawsuit is made up of five parts: the Caption, Statement of Jurisdiction and Venue, the Body, and the Prayer for Relief and Signature Line.  In the next 5-6minutes or so we are gonna go through the important issues of each part and give you some samples. The first part of the lawsuit is the Caption.  The Caption has the name of the Court […]
August 19, 2020

The Legal Ethics of Separating Conjoined Twins

On today’s blog you are going to read the story of the conjoined twins Gracie and Rosie and the legal conundrum the British Court found itself when asked to decide whether Rosie could be killed in order to save Gracie. Back in the olden days – the year 2000, Gracie and Rosie were born joined at the hip and up to their shared chest wall. Conjoined twins are very rare and everyone’s situation is different.  Some conjoined twins can be unjoined by surgery, some cannot be unjoined without putting one or the other at grave risk. The conjoined twins Abby […]
August 7, 2020

How to Prepare for a Deposition (For Lawyers)

A deposition, like trial, is usually won or lost in the preparation.  On today’s Legal Brief we are going to show you exactly how to prepare for a deposition.  Remember: by failing to prepare you are preparing to fail (too cheesy?) Okay, you have decided it’s time to depose a witness.  90% of attorneys don’t go about this the right way and we are going to get you in the top 10%.  Don’t worry – I got your back. MOST lawyers at this point are going to email their assistant to schedule the deposition and then send out the Notice of Deposition.  Then, maybe […]
July 11, 2020
person holding a pen and signing a contract

How to Write a Demand Letter

Do you need to make a legal demand of someone?  Give me 5 minutes and I am going to show you how to do it right. What is a Demand Letter? A demand letter is a formal demand that someone or some thing do or stop doing something.  In theory, a demand letter is easy to do – you could just scribble something on a napkin and hand it to the person.  But a well-done demand letter requires thought and professionalism. What are the Technicalities? First, the technical issues.  Often a written demand is a condition precedent to legal action.  […]
July 6, 2020
hand shake

How To Negotiate Like A Lawyer

During twenty years practicing law, I enter into negotiations of some sort every day.  Sometimes the negotiations are with opposing counsel, sometimes with the Judge, sometimes with my own client, sometimes at formal mediation.  Here is what you need to know to negotiate like an experienced lawyer – all in under four minutes.  Yes, I am that good. Know More than the Other Side First, in order to win a negotiation, it’s vital that you know more than the other side.  That’s why buying a used car is a horrible position to be in.  You have less information about the car than […]
June 14, 2020
Brown v Board of Education

Lawyer Remembers Brown v. Board of Education

I am so happy to have my father, retired lawyer, Jerry Hogan, write this blog as he remembers his own personal experiences of two important civil rights cases: Plessy v. Ferguson and Brown v. Board of Education. ____________________________________ When I was a boy of 8 or 9 in 1952, my mother took me to the movies in downtown Indianapolis, Indiana. The theater only permitted “colored” people to sit in the balcony separate from the white people down stairs. There was a “colored” only bathroom and a “colored” only water fountain. As a child I never asked my mom about racial discrimination. It was just “the way […]
June 1, 2020
thumbs up

How to Get a Lawyer to Take Your Case

Right away a disclaimer: I am going to tell you how to get a lawyer to “Take Your Case” and that includes potentially lying to the lawyer.  You will not hear this information anywhere else and I feel no qualms about telling you because … well … other  lawyers lie to me everyday.  So here we go, I am about to tell you some secrets.  By continuing to read this you hereby agree to never use this information against me or my law firm. Preparing for this blog, I did some research which basically consisted of Googling “How to get […]
May 13, 2020
bankruptcy questions sign

Bankruptcy – Top 8 FAQs

1. WHO CAN FILE FOR BANKRUPTCY? Any person who resides, does business, OR has property in the U.S. can file bankruptcy. There is no requirement that a person who resides here prove their legal status – so yes, undocumented workers can file bankruptcy as well. The big/main requirement is that you pass the “means test” for filing a Chapter 7 bankruptcy. That means that the bankruptcy filer must show that he or she makes under the median income of the state (In Florida that’s right around $51,000) OR prove that he or she has under $215 in disposable income. 2. […]
April 29, 2020
Small Claims Court

How to Win In Small Claims Court

Small claims vary by state but the general idea is the same – trials are more informal.  The Rules of Evidence, although liberally applied, are still in effect.  You have to be prepared and professional.  For purposes of this video we are assuming you have already been through mediation and all that stuff – you are going to trial with the Judge.   Here’s what you do: First, take a look at your Complaint or Statement of Claim.  There are certain facts you will have to prove in order to win.  The Plaintiff has the burden of proving every single […]
April 13, 2020
house floating in water

Everything You Need To Know About Foreclosure Traps

As I write this blog, we are in the middle of the COVID-19 stay-at-home situation and we, maybe like you, have everyone working from home which has given me a little extra time to keep up with all the new laws and emergency orders coming down. And what I am seeing is a looming foreclosure trap on the horizon from some things that are going on and it shows an interesting interplay of law, private policies, and public perception. It’s extremely important that homeowners who need help with their mortgage be aware of what is going on. In late March […]