It’s obvious when someone is coaching a witness in a virtual setting.  Prepare properly before.  Be smart and don’t fall afoul of this trap during.  

Per several judges in a recent panel, technological glitches are common. Test, test, test! Bring your clients into the process when they are going to be involved. It’s the classic case of an ounce of prevention instead of a pound … Continue reading →

From a recent judicial panel:  Be aware that contemporaneous objections during virtual hearings may not be possible.  Be patient and remain calm.  Work with the Court and staff to get your objections into the record.  A pre-arranged on-screen signal might … Continue reading →

Per Circuit Court Judge Yvonne Colodny: When attending a video hearing, if you are on time, you are late! Arrive early to make sure all electronic issues are resolved before the hearing is scheduled to begin. Be prepared for tech … Continue reading →

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!  Thank you, Judge Altonaga for sharing. Expert Witnesses 9/9/2020 Do a thorough background check!  At … Continue reading →

When drafting mediation settlement agreements, to the extent possible never, never leave any loose ends. After a long, tiring session often someone may suggest just setting down bullet points, with a formal agreement to be hammered out by the attorneys … Continue reading →

Think twice about insisting on an in person hearing. Per 11th Circuit Administrative Judge Jennifer Bailey in a recent Dade County Bar Association sponsored Bench and Bar conference, no one should count on in person hearings in the Circuit Civil … Continue reading →

Keep your cool! Occasionally problems will arise. Everything has changed so much in such a short time, it is unavoidable. At all times be polite and professional to the clerks, the judges and their staff and opposing counsel.  

Sometimes an opponent’s unreasonable behavior will be rooted in a desire to please a client or colleague. You may be able to move forward by “building a golden bridge”; i.e., framing their retreat from a hardline position as movement to … Continue reading →

You’ve seen Tips about anchoring. The effect of an anchor may be increased by presenting a draft settlement agreement at the beginning of the mediation which includes the anchor. My thanks to the Harvard Program on Negotiation for this thought