Category Archives: Tips

Where opposing counsel is being especially difficult in a deposition, you can request sanctions in the form of attorneys fees and costs pursuant to FRCP 1.380(a)(4). This is especially effective for two reasons.  First, the attorney may be personally liable.  … Continue reading →

Per Chris Spuches, experienced Miami litigator, be certain your client knows the legal fees and costs to date (including those expected in the mediation).  This will often effect his or her negotiating posture.  We always discuss expected fees and costs … Continue reading →

If punching the mediator doesn’t work (see last week’s Tip), it is up to the mediator to take control and do whatever is needed to decrease the heat in the room.  You probably know before hand when emotions are likely … Continue reading →

Obviously a topic for multiple Tips.  Every situation is different but some considerations will be constant.  The client’s comfort level.  What languages do you speak?  How complex is the matter?  Will the ability of the mediator to speak the client’s language … Continue reading →

I ran into an attorney a while ago who represented one of the parties to a mediation I handled early in 2011. The other side was pro se. In my opinion this attorney did an excellent job.  To my surprise he … Continue reading →

Hardball Depo Tactics Per Ervin Gonzalez, very accomplished litigator, you will often encounter opposing counsel who do everything possible to prevent you from conducting your deposition in an orderly fashion. Be aware of FRCP 1.310 which provides, in part, that … Continue reading →

On the sophistication of the client, one step below the experienced attorney/client is the non-attorney client who is intelligent and experienced in the type of matter being litigated. We are not smarter because we have a law degree. But we … Continue reading →

At a recent DCBA Bench and Bar Conference a Federal District Court Judge shared a rather memorable incident which occurred in her courtroom.  The expert witness gave a lengthy, erudite presentation.  Opposing counsel’s first question on cross: “Does your probation … Continue reading →

Obviously a topic for multiple Tips.  Two threshold questions and an observation.  (i) What kind of case is it? and (ii) What is in your retainer agreement?  Observation:  When all is said and done it is the client’s money, time, … Continue reading →

Untitled Document Let’s face it, in the end it is the client’s money or business.  I had a mediation where a party was certain of how a trial would end.  His attorney and I were fairly sure that his evaluation was not correct; … Continue reading →