A blog about the work lawyers do to win commercial disputes by Will Newman
Before 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 MoreThe first step in a personal injury case is for a plaintiff to go to a personal injuries board, which is designed to take pressure off of the courts. The board sends the plaintiff to its own doctors. The board then sends a proposed settlement figure to the parties and, if both parties accept the figure, they can avoid court. This process can take nearly a year and a half.
Read MoreA major issue that arises in defamation litigation is whether the statement at issue is a fact that can be proven true or false or whether it is an opinion. Only a false statement of fact can be the basis of a damages claim, and so a judge must decide whether the statement is a fact before the question of falsity can go before a jury. And the legal definition of a fact may differ from how many people understand it from generally using the word.
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 MoreBy 1847, Mormons settled in Utah, Southern Idaho, Nevada, and Arizona. They were isolated and far from the center of the federal government. Although there was a territorial government, where they were, ecclesiastical institutions were more vibrant and powerful. Therefore, the Church court system was the dominant way to resolve disputes in pioneer Utah throughout the 19th century.
Read MoreLitigants often argue to the court that a trial is not necessary because the claims fail as a matter of law or because all of the evidence in the case can only support one side. But there are some kinds of claims that are difficult to dismiss before a trial because the evidence is almost always imprecise and requires a judge or jury to evaluate credibility. Employment discrimination claims, for example, often involve competing statements by witnesses, and so it usually cannot be said that all of the evidence supports only one side.
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.
Read MoreWhen people appeal, it is usually because they think the lower court made a mistake or used bad reasoning. But fixing mistakes or correcting reasoning is not the only thing that an appeals court may look for. And so petitions for leave often make other arguments besides a need to change the result in the petitioner’s own case. Instead, petitioners may argue that taking the case is important for reasons broader than the individual interests of the parties to the case.
Read MoreThe courts in Zimbabwe are open to the public. However, with the introduction of virtual hearings, the public has no access to such hearings. It is only where the hearings are held physically that the public can watch the proceedings.
Read More
