Category Archives: Tips

Untitled Document Cases change over time and with discovery, leading to dismissals of some causes of action and viability of others.  It’s the same with defenses.  Be creative and flexible.  Use the facts to support surviving counts and defenses.

If you depose prime opposition personnel early you may be able to get answers on issues opposing counsel has not yet briefed or which will only come to light after the case has developed.  Of course, the flip side is … Continue reading →

    You want to be in control of the order of discovery.  In state court the plaintiff has an advantage because the complaint may be accompanied by discovery requests.

Instead of first deposing the opposition’s fact witnesses and investigators, there are instances when you want to depose an opponent’s expert early and tie him/her down before the precise facts are known.  If you know the facts are going to … Continue reading →

Untitled Document   Usually depose opposing fact witnesses and investigators before deposing the opposition’s expert (see next week’s Tip for exceptions).  This will allow you to challenge the expert’s factual foundation where appropriate. To my Jewish readers, a Happy and … Continue reading →

Per a very experienced litigator, when your opposition is a good sized entity usually begin your depositions at the bottom of the totem pole. There are reasons which will be discussed in future Tips. He adds that person usually knows … Continue reading →

Untitled Document Mediations called before a suit is filed are rare but very welcome.  The benefit is saving your client the time, money and aggravation of litigation.  The problem is lack of the information you will reap from discovery.  I … Continue reading →

Untitled Document There are lots of good reasons to have everyone together to start a mediation, but dangers lurk, particularly in high emotion cases (i.e., family!).  I take my cues on whether to start together or in separate rooms from counsel. … Continue reading →

Untitled Document Where an anchor suggested by opposing counsel seems irrational, Rule #1:  Do not react emotionally.  Keep your client on an even keel.  Dissipate the effect of the anchor by calmly and professionally (both are important!) making clear your evaluation … Continue reading →

Humor can be very helpful but per Larry Saichek, business attorney and mediator, three caveats:  (i) Only use humor when it is appropriate.  When in doubt do not.  (ii) Only use humor when it is likely to advance the discussion.  … Continue reading →