trial Archives

What affects the outcome of court cases more?

December 31, 2021

Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Evidence, Family Law, Judges, Uncategorized, Utah Law

court, divorce, divorce law, evidence, judges, law, lawyers, legal case, trial

What affects the outcome of court cases more, the relative strengths and experience of the opposing lawyers, actual facts, relevant law, or some other factor? I answer this question in the context of divorce and family law, not all legal…

What are some ways to not appear judgmental as a lay witness?

December 29, 2021

Divorce Utah

Court Rules, Lawyers, Legal System, Testimony, Witness

court, facts, hearing, judge, lawyers, lay witness, testimony, trial, witness

What are some examples of how to not appear judgmental as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court into doing what you want or what the party who called you…

What is the biggest mistake lawyers make during closing arguments?

November 11, 2021

Divorce Utah

Court Rules, Judges, Lawyers, Uncategorized

attorney, closing arguments, court, court preparation, judges, law, lawyer, legal arguments, trial

What is the biggest mistake a lawyer makes when making closing arguments? Being long-winded and/or obnoxious, repetitive, rambling, imprecise, boring. But here’s the kicker: if you are clear and concise, then what you think are “in the bag” issues may…

What are the biggest mistakes lawyers make when presenting their case?

October 28, 2021

Divorce Utah

Court Orders, Court Rules, Judges, Lawyers

arguments, attorney, case, court, judge, jury, law, lawyer, trial

What are some of the biggest mistakes lawyers make when presenting their case to a jury? Being long-winded, repetitive, rambling, imprecise, boring. But here’s the kicker: if you are clear and concise, then what you think are “in the bag”…

Law from a legal assistant’s point of view, week 15: Objections.

By Quinton Lister, legal assistant I think one of the least understood facets of the legal system by lay people (like myself, a new legal assistant) is the concept of an objection in a trial. I have been to a…

Does saying after an answer “I truly believe that”, “it truly is”, damage your credibility as a lay witness in court or is it better to don’t add this type of qualifiers?

September 22, 2021

Divorce Utah

Court Rules, Justice and Equity, Legal System, Testimony, Utah Court Rules, Utah Law, Witness

court, court rules, evidence, justice, law, law practice, lay witness, testimony, trial

First, whether you “truly believe” something or “find it hard to believe,” testifying to something you believe or don’t believe, as opposed to testifying as to something you know, is the first and biggest problem. Testifying about something you believe…

Law from a legal assistant’s point of view, week 4: Trial by fire

By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer (I’m a legal assistant), and it was fascinating to experience. The trial was…

2021 UT App 77 – Miner v. Miner – alimony, attorney fees

2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court, St. George Department The Honorable Jeffrey C. Wilcox No. 174500373 …

As an attorney, what did you learn during your first case in front of a judge and jury that is forever etched in your brain?

April 8, 2021

Divorce Utah

Divorce Attorneys, Divorce Law, Divorce Lawyers, Judges, Legal System

bench trials, dismissed, divorce lawyer, divorce trials, hearsay, judge, juries, jury, no jury, objection, on the bench, settled, to the bench, trial, tried, try, without juries

As an attorney, what did you learn during your first case in front of a judge and jury that is forever etched in your brain? Interestingly enough, in 24 years of practice I’ve never tried a case to a jury.…

How do lawyers drag out court cases?

How do lawyers drag out court cases? In some respects, the ways are limited only by the power of one’s imagination, but the most common ways I have experienced in my field of practice (divorce and family law) are: falsely…

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself? It certainly can. It depends upon the…

What are the Steps for Getting Divorced in Utah?

What are the Steps for Getting Divorced in Utah? To start the divorce process, you must begin by filing what is called a complaint or a petition for divorce with the court. This means you are suing your spouse for…

Utah Divorce Case Timeline Summary

November 30, 2020

Divorce Utah

Amicable Divorce, Assets/Debt/Property, Attorney Fees, Coping With Divorce, Court Rules, Discovery, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Education and Orientation Courses, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Findings of Fact and Conclusions of Law, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Mediation, Men's Divorce Issues, Pension, Personal Property, Preparing for Divorce, Settlement, Utah Court Rules, Utah Law

180 days, answer, complaint, counterclaim, decree of divorce, discovery, divorce case, divorce education course, divorce orientation course, divorce timeline, expensive, fight, financial declaration, initial disclosures, longer, mediation, petition, petitioner, process, respondent, step by step, summary, summons, temporary orders, timeline, trial

Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more they fight and the more things they fight over, the…

Why does a parent asking questions turn into a trial?

July 7, 2020

Divorce Utah

Children in Divorce, Divorce Fears, Divorce Mistakes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

character, child, children, doubt, exposed, guilt, interrogate, parent, question, questioning, trial

Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing and does not want to be exposed or 2) the…

Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?

June 6, 2019

Divorce Utah

Attorney Fees, Coping With Divorce, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

reward, risk, second opinion, settle, settlement, third opinion, trial

Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she had taken the settlement offer. But not always. Which is…

Supervised Parent-time in Utah – Blocker v. Blocker (January 2017)

January 26, 2017

Divorce Utah

Child Custody, Children in Divorce, Divorce Court, Parent Time

appeals court, appellate, child, children, divorce, Parent Time, supervised parent-time, trial, visitation

KIRSTEEN D. BLOCKER, Appellee, v. MICHAEL P. BLOCKER, Appellant. 2017 UT App 10 The Utah Court of Appeals Memorandum Decision No. 20150720-CA Filed January 12, 2017 Fourth District Court, Provo Department The Honorable James R. Taylor No. 024402553 Michael P.…

Tag: trial