A blog about the work lawyers do to win commercial disputes by Will Newman
If a defendant does not voluntarily pay a judgment, the plaintiff must find assets that belong to the defendant and collect them. This process may be easy for some defendants if they have well-known assets or if details about their bank accounts were shared in discovery. But for others, plaintiffs may need to hire an investigator or use public records (like property records or vehicle registrations) to find assets.
Read MoreOne problem in trade secret cases is that plaintiffs want to keep trade secrets a secret, but court filings are public documents. And so plaintiffs have to weigh the publicity from a lawsuit against the need to enforce their trade secret protections.
Read MoreAt present, paper filings are still required in Kyrgyzstan. Pleadings must be submitted in person or by courier. There is no nationwide electronic filing system for courts yet, although limited email communication is sometimes allowed.
Read MoreCourts may dismiss litigation on summary judgment when there is no evidence that supports one side. Sometimes a party’s own self-serving statement may not be enough evidence to preclude summary judgment and justify a trial, but often it is.
Read MoreThe American legal system allows litigants to compel the production of far more evidence before trial than many other systems. And it does not limit this power to proceedings taking place within the United States. Instead, pursuant to statutes like 28 U.S.C. § 1782 or CPLR 3102(e), litigants can ask American courts to compel discovery for use in proceedings abroad.
Read MoreLawyers have a reputation for being self-important and rude. Members of the general public who litigate without lawyers have a reputation for being insane cranks. And clerks have to deal with a steady stream of both kinds of people every day. This can be frustrating.
Read MoreLawyers are required to wear a robe during hearings—it is very similar in shape and color to the traditional French robe, reflecting the influence of civil law traditions in Egypt.
Read MoreCourts typically defer to the decisions of arbitrators, even when they believe that the arbitrators made a mistake. This is because federal law implements a policy where people can rely on arbitration being quick and final and not just the first step towards a lengthy litigation process. Still, people still attempt to appeal in court and, sometimes, they win.
Read MoreThe client may believe that, if her lawyer says “too bad” to an adversary who is about to go off on vacation and therefore cannot respond to a complaint, the lawyer may be doing justice by helping her win quickly and cheaply. But the truth is that the opposing counsel will likely be able to ask the court for an extension anyway and then be less willing to give extensions in return when the client’s counsel wants them. It’s a lose-lose situation.
Read MoreSophisticated businesses often agree to resolve their disputes through private arbitration instead of by going to court. Arbitration has numerous advantages, such as being confidential instead of public and being generally less expensive. But another advantage is that the parties can provide input on the selection of their arbitrator and thus can select an arbitrator and a forum that is well-suited for commercial disputes.
Read MoreI try to let clients know that I understand what they are going through. It may make a lawyer easer to trust if they recognize the emotional challenges that client may be going through because that may mean they have more emotional intelligence, or at least experience with similar issues.
Read MoreOur national procedure system (or Procedure Code) establishes two big ways of producing evidence before trial, even though both of them requires the involvement of the judge and, in one of them, of the counterparty also.
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