Category Archives: Tips

An extremely serious issue.  The problem is obviously worse in non-court venues because of detection devices and security at the courthouse which do not exist at the unsecured and sometimes isolated locations of mediations or depositions.  If you believe there … Continue reading →

You have an overwhelming, visceral, adverse reaction.  First, step back and examine what it is that is pushing your hot buttons.  If intentional, your opponent has a tool that can be used to your detriment and his or her benefit.  … Continue reading →

As stated in last week’s Tip “if you see something, say something”.  This applies especially in litigation, which is often extremely stressful.  An experienced litigator related an incident that can serve as an example.  A highly agitated and excitable adverse … Continue reading →

On occasion in mediation the ability to improvise will be important.  Two factors increasing the likelihood of successful improvisation are (i) effectively listening to the verbal and non-verbal communications of your opposition and (ii) being creative in determining how to … Continue reading →

  One of the most important factors in effective mediation (and communicating generally) is listening.  Listen to and observe closely what is being communicated verbally and non-verbally by the other side.  Don’t use the time the other side is talking … Continue reading →

When dealing with problems relating to an expert witness, motions in limine can be a very effective tool to make your points with the Court.  Even if not successful, you are highlighting issues which may stand you in good stead … Continue reading →

More thoughts on expert witnesses and knowing the facts from one of the best litigators I know, in her words:  “This is a pretty ripe area for Tips.  Not only to know your facts better, but to know how to … Continue reading →

I HOPE YOU AND YOUR LOVED ONES ARE SAFE AS HURRICANE IRMA PUMMELS OUR SHORES. Here I repeat one of my very favorite Tips.  I present it annually as the first post-Labor Day Tip.  I only wish I had been there! … Continue reading →

Always depose opposing fact witnesses and investigators before deposing the opposition’s expert, per the late Ervin Gonzalez, much admired man and top litigator. This will allow you to challenge the expert’s factual foundation where appropriate.  

Three simple words:   Trust but verify.