A blog about the work lawyers do to win commercial disputes by Will Newman
In Brussels there are Dutch and French speaking courts. I plead before both of them or other courts in Wallonia in French. We have a small German speaking territory (a leftover feom WWI) and I have had the chance to plead before the local court in German a few times.
Read MoreA defendant in litigation may argue that the plaintiff sued in the wrong court. For example, a California defendant may claim that they should not need to participate in a lawsuit in a New York court. And while judges often decide these issues before the parties need to exchange evidence, sometimes courts require a limited exchange of evidence to decide whether the plaintiff chose the right court.
Read MoreThe deposition should start by following the script of questions that the lawyer prepared. But witnesses will frequently give unexpected answers. This is why I keep an eye on the transcript (I usually pay extra for the “Real Time” screen that lets me see the transcription of what was just said) and, if the answer leads to more questions or if the answer is unclear or unresponsive, I follow up until I get a clear answer.
Read MoreTemporary Restraining Orders frequently arise in disputes arising from the use of confidential material or intellectual property. This may be because it is difficult to quantify the damage arising from improper use of confidential material and so a money judgment may not properly compensate a plaintiff.
Read MoreSlovenia is a civil law country, so we don’t need to state the law as much as in common law. As a result, 10-20 pages for an initial complaint is average, but it depends on complexity. The complaints in simple cases could be shorter.
Read MoreAn important part of litigation is the motion for summary judgment. It is a litigant’s opportunity to avoid a trial on the grounds that the opponent has no evidence that can support her claims or defenses. But to prevail, a movant needs good evidence herself.
Read MoreIn a settlement negotiation, the defendant's main objective is to get a release from the plaintiff. A defendant usually offers the plaintiff money in exchange for a promise by the plaintiff not to sue and to end any existing litigation. But the defendant usually also wants a release from the plaintiff because it legally ends the threat of any future litigation by the plaintiff on the subject of the dispute.
Read MoreLawyers are not public relations specialists, and so they may not consider how a particular argument could be viewed in the court of public opinion or how a statement could be viewed out of context.
Read MoreWhen I worked in an office, I almost always bought lunch at local lunch places. In midtown Manhattan, that would cost millions of dollars each week. Now, I make sandwiches, eat leftovers, or make other quick meals.
Read MoreThe way that customary law works, it applies to people who live in tribal communities where the value of claim is usually very small. So when you deal with commercial disputes, the amount at stake is higher and so civil law applies.
Read MoreA principal question a lawyer must ask before commencing litigation is who the correct plaintiff should be. Not every plaintiff has standing to bring a lawsuit, and making the wrong choice may not be easy to fix. In some cases this is an easy question, but in others it can be more difficult.
Read MoreUnlike the deadline to answer an initial demand or pleading, the deadline to file an appeal is often strict. A good appeal, filed late, may be dismissed for the lateness alone. As a result, litigants have to be vigilant to make sure they file their notices of appeal on time.
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