A blog about the work lawyers do to win commercial disputes by Will Newman
To some extent, the job of a litigator is to tell the client’s story. A client approaches an attorney because they have a story to tell that, they believe, should persuade a judge or a jury or an adversary to give them some relief. And instead of telling the story themselves, the client believes the lawyer can articulate the story better.
Read MoreMany common law claims also exist in Pakistani law and were generally codified in statute by the British. Pakistan also generally follows the common law tradition of reasoning. However, in some respects, statutory interventions and the need for laws to be consistent with Islam means that some common law claims are not available under Pakistani law.
Read MoreIt’s common to have phone calls or meetings with adversaries where each side states their view of the case and responds to opponent’s claims. The purpose of these calls is often to dispose of a case early without substantial litigation, or to settle a case after each side has done some research. It may also be to debate the wording of stipulations or settlement agreements. But often lawyers understand that they will never persuade their opponent that they are wrong. At best, a lawyer can convince her adversary that her position has merits and that further litigation on the subject may not be worth the time and money.
Read MoreMany law books cite very old cases that were current or frequently cited when the book was first published. The publishers attempt to keep the books current by issuing “pocket parts,” that are additional pages that can be folded into the end of the book that contain updates since the book was published. But pocket parts can also fall out of date since they only come out every few months.
Read MoreThrough a doctrine called respondeat superior, an employer can be held civilly liable in litigation for the negligence of its employees. This often leads to defendants arguing they should not be liable because they are not technically the employer of the negligent person.
Read MoreGrowing up, I watched a lot of Law & Order. And while that show concerns criminal law and not commercial litigation, it gave young me a little insight into what being a lawyer in New York was like. In my current experience, it gets a lot of things right and a lot of things wrong.
Read MoreIn civil cases, a court deposit is required. If the client wins, then the court deposit is refunded. If the client loses the deposit is forfeited. The prevailing party in a court dispute can also claim attorney’s fees. However, the Thai court rarely grants the other party’s legal fees in civil cases. If a client is granted attorneys’ fees, then the fees are awarded pursuant to a specific court rate. The court rate attorneys’ fees are much less than the market rate.
Read MoreLoad files may tell document review software what images together form a single document (for example, Bates numbers 1-25 are a single document, then numbers 26-28 are the next document, etc.). It may also tell the software which documents are “family members” of other documents, by saying, for example, that Bates numbers 26-28 are an attachment to an email found at Bates numbers 1-25.
Read MoreThrough a doctrine called respondeat superior, an employer can be held civilly liable in litigation for the negligence of its employees. This often leads to defendants arguing they should not be liable because they are not technically the employer of the negligent person.
Read MoreCounsel often make initial disclosures at the start of the case when they are the least familiar with the facts. After spending months studying the documents and interviewing witnesses, they commonly learn additional information about knowledgable witnesses and the location of information. Accordingly, they often update the disclosures by producing a supplement.
Read MoreBecause both sides need to agree on the stipulation, they are often drafted in a neutral, non-argumentative way. So instead of stating “The defendant wrongfully trespassed on the innocent plaintiff’s property,” as a complaint may say, the stipulation may instead say, “The defendant walked into the living room at 35 Main Street.”
Read MoreIn Nigeria, parties are required to file along with their pleadings, a list of witnesses they intend to call, together with their statements on oath as well as copies of all documents they intend to rely on at the trial. This concept is known locally as “frontloading.”
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