Category Archives: Tips

From a recent Bench & Bar Conference:  Don’t label exhibits on your own.  Make sure you do it with the clerk.  The record must correspond to the identification of exhibits.  As soon as the jury retires, you should go to the … Continue reading →

Maintain a positive or at least an impassive demeanor when the Court takes action you find flawed.  For instance, one of the best litigators I know, early in her career, was admonished by a judge to stop rolling her eyes … Continue reading →

When the client is a multi-person organization, step one, you usually will be told that the person accompanying you to your mediation has “full settlement authority”.  Step two is when that person has to contact one or more people to get … Continue reading →

Where is your client from?  There may be material political, cultural and linguistic differences between people who purportedly speak the same language.  It is a common error among non-Spanish speakers to lump all of South and Central America into one … Continue reading →

This Tip, individuals.  (Large entities, another Tip.)  People reach decisions in different ways:  Analysis, emotion, confrontation, empathy; a recipe without limits.  The better you understand the process the individual you are working with uses and what he or she needs … Continue reading →

Litigation, negotiations, mediations can be rough and tumble, no-holds-barred affairs.  You will encounter situations where opposing counsel puts forth assertions which appear unethical or unreasonable.  And that may be the case.  But keep in mind the possibility that the opposition … Continue reading →

Thanks to William “Jack” Spradley, experienced Jacksonville litigator, for this one: Bill, It has been my experience that a favorable mediation result can be obtained as early as the deposition stage.  Recently I edited a three hour video deposition, reducing … Continue reading →

Experienced Miami litigator Emanuel Galimidi shares that he has seen instances where counsel failed to make proper arrangements with all concerned where they do not intend a party to be physically present at a mediation.  Physical appearance is required unless otherwise arranged by … Continue reading →

Thanks to Mark Beutler, Miami based Board Certified Labor & Employment Attorney for this cautionary Tip: As I routinely do, I told my client that, at his deposition, he should be abstemious in offering information, that he had plenty of time to … Continue reading →

Notwithstanding last Wednesday’s Tip, no one would condone a mediation which in reality is a disingenuous fishing expedition.  While other benefits may accrue, your primary reason for mediating is to reach a resolution.   Anything else is an unethical waste of … Continue reading →