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What Clients Should Know When Preparing for a Deposition

A deposition is a question-and-answer session with the parties to the lawsuit and the other side’s attorney. Typically, a lawyer will ask the same or similar questions of a witness during the deposition as he or she will ask during the trial of the case. The purpose is to determine what type of witness the person would be if the matter were to proceed to trial. In doing this, lawyers are looking at the credibility of a witness if his or her story differs between the deposition and trial.

Deposition preparation and evaluation of the deponent is critically important in cases. In order to adequately obtain information that is being solicited from the witness, an attorney always must prepare for the deponent. In a deposition, lawyers meet with parties in a case, as well as experts and other witnesses, to ask questions before trial and take statements under oath. This formal questioning is part of the discovery phase, which lawyers use to gather facts to prepare their cases. While depositions are a routine part of litigation, understanding their purpose and how to prepare for them is crucial.

Additionally, lawyers use depositions to determine the strength of their case. Depositions are one of the few times that an attorney gets to evaluate witnesses and use that assessment to determine whether settlement of the case is an option, or if the matter should continue through other motions and trial proceedings. 

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Attorney-Client Privilege: Use with Care

A bedrock principle of our legal system is the protection that the law gives to communications between an attorney and the client.

Like most legal rights, however, attorney-client privilege has limits. Every word shared between a client and attorney isn’t protected. If you’re talking to a lawyer about a sensitive matter, don’t take attorney-client privilege for granted. The law provides exceptions, case law sometimes offers muddled guidance and opposing parties may litigate vigorously over what is covered. Your attorney can advise you as to how it applies to your circumstances, but here are some guidelines about relying on attorney-client privilege and waiving it. 

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Business Visas Help Companies Fill Critical Positions

Immigration is much in the news these days as the presidential candidates discuss border security, terrorism and preserving jobs for U.S. citizens. These public policy issues deserve a thorough vetting of candidates, but they shouldn’t be confused with the legal business visa process that thousands of American businesses depend upon.

Unfortunately, our schools are not producing a sufficient number of graduates in some professional fields, and American businesses have to bring in foreign nationals to fill critical positions. There is a common misconception that these businesses are hiring cheap labor that displaces U.S. citizens, but that’s wildly inaccurate. American businesses are incurring substantial expense to bring in foreign workers with specialized skills, and they would gladly hire U.S. citizens but for the dearth of domestic talent in some professional areas. 

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Turner Padget Lawyer Helps Obtain Favorable Opinion for Defense Bar

South Carolina recently became the latest jurisdiction to prohibit the assignment of legal malpractice claims between adversaries in litigation, joining the majority of jurisdictions that have considered the issue. 

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What to Expect When You are the Target of a Lawsuit

It’s frightening for most business owners to receive notice of a personal injury or premises liability lawsuit, and one of the first questions lawyers are asked is whether to settle the suit and for how much. The good news is that a majority of suits settle, usually within the limits of insurance coverage, and those plaintiffs who insist on going to trial generally have weak cases.

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Considerations for Whether, When and How Much to Pay to Settle Litigation

Most lawsuits never go to trial, but it is still difficult for a business that is the target of litigation to know whether and when to settle, and for how much. 

It may be especially challenging for a defendant to take the initiative to settle when it feels it occupies the moral or legal high ground. However, while it may not seem fair, every defendant starts losing money the day the complaint is filed. Unless a defendant has a viable counter claim or a contractual agreement that the loser pays the winner’s fees and costs, the best a defendant can hope for is to lose only the cost of defense. For this and other reasons, it is often the best business decision to settle, even when in the right. But how much should a defendant pay to settle and at what point in the litigation, and at what number is it better to try the case? 

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It is That Time of Year Again…Social Host Liability Season

If we haven’t personally experienced it, we’ve seen it: An adult giving an underage relative or friend a beer, cocktail, or glass of wine.  The reasons for doing so often range from, “Well, they are almost 21” to “they should learn now how to handle their alcohol.”  Whatever the reason may be, in Marcum v. Bowden, 372 S.C. 452, 643 S.E.2d 85 (2007), the Supreme Court of South Carolina clearly set forth the law: Adult social hosts who knowingly and intentionally serve, or cause to be served, an alcoholic beverage to a person they know or should know is between the ages of 18 and 20 are liable to the person served, and to any other person, for damages proximately caused by the host’s service of alcohol.

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Tis the Season for Retailers to Know their Premises Liability Risks

Nothing says Happy Holidays like the hustle and bustle of Christmastime commerce. Crowded stores, congested parking lots and package-laden shoppers are a welcomed tradition to retail outfits that realize roughly twenty percent of annual sales during the holiday season. But with all the hustle and bustle also comes the increased risk of incidents: the combination of lots of shoppers and lots of merchandise means a greater chance of spills and tumbles (of products and people). The last thing stores want to do is curb retail activity, but how do they keep tabs on potential dangers that could lead to customer injury and legal liability? 

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