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November 2019 Archives

Litigation, discovery and request for admissions

Previously on this blog we gave a brief overview of the discovery process. This includes obtaining witness and exhibit lists as well as conducting depositions and issues requests for production. The information gathered in this process can help an individual gauge the strength of his or her case and develop a legal strategy that works for him or her. However, to draft a compelling legal argument, an individual has to know how to spin the facts in light of the law to support his or her side of the story. Yet, there is another discovery tool that can streamline the process and make litigation a little easier: the request for admissions.

Is a spendthrift trust right for your estate plan?

One of the biggest reasons to engage in estate planning is to provide for your loved ones. After all, who is in a better position to determine who would benefit most from your money than you? But estate planning isn't about handing over a check to your spouse or your children. Instead, the process allows you to retain control over your assets so that they can be utilized on your terms. This control is powerful in a number of ways, but it is most readily apparent when leaving assets to an individual who may be at risk of quickly depleting those assets.

Eminent domain: What is just compensation?

The U.S. Constitution allows for the governmental taking of private property for public use, but only after "just compensation" is paid. This is known as eminent domain. This process may seem wholly unfair, and in some instances that is the case. However, eminent domain can be challenged in a number of ways. One way is to question whether private property is truly being taken for public use. Another commonly contested matter is what constitutes "just compensation."

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