A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Category: Litigation
Judges do not just rubber stamp requests for default judgments. They often scrutinize a plaintiff’s request for one to make sure they served papers correctly and that they submitted adequate evidence to support their case.
Read MoreBefore delivering bad news, it helps to let a client know what to expect. This way, they will not be blindsided when an adverse event occurs. Doing this is tricky because, if a lawyer only shares worst case scenarios, the client may get too scared to proceed in situations where risks are low. They may also mistake a worst case scenario for a prediction of failure.
Read MoreWhile the discovery rules are technically uniform within a jurisdiction or, to some extent, nationwide, different judges take different approaches in enforcing them. Accordingly, a lot of discovery disputes involve lawyers huffing and puffing about how they know what the rules are and how shocked they are that the other side is brazenly violating them, only to later see the judge sees it all a different way.
Read MoreHow do you start a lawsuit? The answer in a lot of places and under many situations is by electronically filing a document!
Read MoreFederal courts tend to be more structured, with stricter rules and procedures. This can be both a blessing and a curse. For one, it ensures that cases are handled with a high level of scrutiny and professionalism. However, the process can also be slower and more expensive due to the complexity of federal cases.
Read MoreOnce a party wins a lawsuit, they do not automatically get their costs and attorney’s fees repaid. Instead, they need to get the court to approve the amount of money they spent. This ensures that the prevailing party does not claim an exorbitant amount of fees and costs. To do so, they may submit a “bill of costs,” listing all of the expenses they incurred in the suit. A clerk may approve some and disallow others.
Read MoreBefore the day of a deposition, the lawyer needs to identify the documents she intends to ask the witness about. These should include all of the documents she has questions about and the documents she wants the witness to authenticate. There may also be some “standby” exhibits that the lawyer is ready to show the witness if the need arises.
Read MoreA demand letter will rarely convince someone that they are wrong, because few people ever believe that they are wrong. But if a letter contains a good explanation of the relevant facts and law, it can help the other side's lawyer explain to their client why it may be better to settle than to litigate.
Read MoreRICO claims fail a lot because they attract a lot of plaintiffs but require such technical expertise that most lawyers do a poor job of asserting them. Also they are particularly appealing as a last resort for claims that could not succeed in a more straightforward claim.
Read MoreI think that the best lawyers read court decisions constantly to know what the latest interpretations of the law are. And I confirm that any lawyer that submits a citation to a case in court should actually read the case to understand it and the applicable law.
Read MoreA defendant may oppose the proceeding by claiming that her rights to the property are not undermined by the creditor’s judgment. She may do this by arguing that she is distinct from the judgment debtor and the property really belongs to her, without any obligation to the debtor.
Read MoreSince judge’s are often very reluctant to interact with any party without hearing from the other side, judges are often reluctant to grant relief unless there is a real emergency. As a result, judges will often hand write on the proposed order their edits or cut out entire sections, limiting the order to what they are comfortable doing having only heard from one side.
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