A blog about the work lawyers do to win commercial disputes by Will Newman
Many people seek mediation to resolve disputes rather than initiate or proceed with litigation. As part of the mediation process, parties often submit a written statement to the mediator to explain their positions. These statements are often confidential, especially since they may make concessions in an effort to strike a settlement. Courts respect that confidentiality.
Read MoreAnswers are usually relatively inexpensive documents to draft because they do not need to be well-crafted narratives that persuade people of the defendant’s innocence. Defendants have other opportunities in a lawsuit to explain their story, such as in motions to dismiss the case and at trial.
Read MoreA complaint is often an effort to prompt a settlement. Defendants and their attorneys often review a complaint to assess whether it looks like it states claims that pose a likelihood of success and whether the lawyers who drafted it seem sufficiently serious and intelligent lawyers to actually win a case or to negotiate reasonably. Complaints with clear errors or bizarre hyperbole may suggest that a negotiation would be unproductive or even unnecessary.
Read MoreIn many personal injury suits, the plaintiff - the person bringing the lawsuit - is the injured party. This is the person who has “standing” to bring the lawsuit. Some other person, a friend or relative, generally cannot sue for someone else’s injury.
Read MoreSince each side bears their own legal fees, there is a tendency for defendants to delay proceedings. They may hire a cheap lawyer to litigate and appeal as a means to delay their obligation to pay or dissuade a claimant from pursuing litigation.
Read MoreParties in American litigation not only often have the power to conduct deposition interviews of the other parties; normally they can compel non-parties, too. But this power, however, is not unlimited.
Read MorePeople often view the legal system as deciding what conduct is unacceptable. It provides consequences to people who do unacceptable things like breaching an agreement, stealing, and violence. But people may be unclear about what those consequences can be; the consequences may even be an afterthought. So I wrote a post about what a lawsuit can do to benefit the people who come to court to complain about someone else’s misconduct.
Read MoreAfter discovery, one party may file a statement with the court stating that the case is ready for trial. This document is a “Note of Issue.” And once the court has this document, it may schedule a trial and also set dates for the other events that need to take place in advance of a trial, such as a pretrial conference and the deadline for submissions of witness lists.
Read MoreFrom the complaint to the judgment, the deadline can last up to three months if there aren’t any strikes. Often times it is the clerks who are on strike, other times it is the judges or bailiffs to claim salary adjustments (raises) or better working conditions.
Read MoreParties in litigation have very broad powers to ask questions and gain information about the other parties. This often includes information that is irrelevant to the case. But in some instances, courts will put limits on the subjects of inquiry in discovery.
Read MoreThe wheels of justice move more slowly than many people expect. Lawsuits, even ones where you are very much right and the other side are bad people, often take months or even years.
Read MorePart of why I rarely see the influence of politics in my work is because of stare decisis. In general, courts follow the rules set forth by appeals courts. And so judges have limited opportunities to carry out the bidding of powerful interests if doing so required making new law. To do so may require a case with no existing precedent, which may be rare, or a case that proceeds to appeal, which may also be relatively rare for many commercial cases, which often settle.
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