Category Archives: Tips

The *&?Q!! Factor, continued

  You’ve determined that your client is likely to be an obstacle to reasonable resolution.  The reason:  Ignorance.  Do your best to bring light unto the darkness.  Remember, the ignorance might be yours!  The client knows his or her business … Continue reading

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The *&?Q!! Factor

In any litigation evaluate at the beginning whether there is a person in the mix who will make a reasonable resolution difficult:  Opposing counsel, opposing party, the judge, your client.  Certainly not you!  Begin building a strategy to deal with that … Continue reading

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Expert Witnesses

  For this first post-summer post, I reprint one of my very favorites, with thanks to Federal Judge Cecelia Altonaga.  I wish that I could have been there. Untitled Document Do a thorough background check!  At a recent DCBA Bench and Bar … Continue reading

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Don’t Look for Rational Answers Where None Exist

Untitled Document Work with what you have.  All who read the Tips will know that this applies not just to litigation and mediation, but to life.  As far as mediation goes, there will be times when it seems reason has … Continue reading

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The Customer Isn’t Always Right

The customer isn’t always right.  But you must listen.  Let’s face it.  In the end it is the client’s money or business.  I had a mediation where one of the parties was absolutely certain of how a trial would end. … Continue reading

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Preparing Clients for Mediations

Untitled Document Beware the unsophisticated client!  I ran into an attorney who represented one of the parties to a mediation I handled some time ago.  The other side was pro se.  In my opinion this attorney did an excellent job.  To … Continue reading

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Potential for Violence, continued

Common sense tells us that you should watch for indications that your client (or the other lawyer’s client, if you have met him or her) may have some tendency to violent behavior. Uncontrolled outbursts or profane language in a nasty … Continue reading

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On Independence Day, Thank You

Untitled Document Thank you.  Thank you John Adams, Benjamin Franklin, Thomas Jefferson, George Washington . . . and so many others.  I and my loved ones live in freedom and plenty because of your genius and your sacrifices.  For 240 … Continue reading

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New Clients; New Matters

Untitled Document Whether you are part of a large firm or a sole practitioner, your lifeblood is new business.  Evaluation and care are required.  Over the next several weeks new Tips will discuss this issue. The first question:  How did … Continue reading

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Potential for Violence

Untitled Document I am sure you have all seen or heard “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 … Continue reading

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