A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Category: Litigation
Witnesses swear to tell the truth at the start of their depositions, just as they do when they testify in court. And violating that oath is technically a crime, just as it would be for lying in court. And a court reporter makes a verbatim transcript of the deposition, which allows lawyers to submit the exact same testimony at trial.
Read MoreAnswers are usually relatively inexpensive documents to draft because they do not need to be well-crafted narratives that persuade people of the defendant’s innocence. Defendants have other opportunities in a lawsuit to explain their story, such as in motions to dismiss the case and at trial.
Read MoreA complaint is often an effort to prompt a settlement. Defendants and their attorneys often review a complaint to assess whether it looks like it states claims that pose a likelihood of success and whether the lawyers who drafted it seem sufficiently serious and intelligent lawyers to actually win a case or to negotiate reasonably. Complaints with clear errors or bizarre hyperbole may suggest that a negotiation would be unproductive or even unnecessary.
Read MoreIn many personal injury suits, the plaintiff - the person bringing the lawsuit - is the injured party. This is the person who has “standing” to bring the lawsuit. Some other person, a friend or relative, generally cannot sue for someone else’s injury.
Read MorePeople often view the legal system as deciding what conduct is unacceptable. It provides consequences to people who do unacceptable things like breaching an agreement, stealing, and violence. But people may be unclear about what those consequences can be; the consequences may even be an afterthought. So I wrote a post about what a lawsuit can do to benefit the people who come to court to complain about someone else’s misconduct.
Read MoreAfter discovery, one party may file a statement with the court stating that the case is ready for trial. This document is a “Note of Issue.” And once the court has this document, it may schedule a trial and also set dates for the other events that need to take place in advance of a trial, such as a pretrial conference and the deadline for submissions of witness lists.
Read MoreThe wheels of justice move more slowly than many people expect. Lawsuits, even ones where you are very much right and the other side are bad people, often take months or even years.
Read MorePart of why I rarely see the influence of politics in my work is because of stare decisis. In general, courts follow the rules set forth by appeals courts. And so judges have limited opportunities to carry out the bidding of powerful interests if doing so required making new law. To do so may require a case with no existing precedent, which may be rare, or a case that proceeds to appeal, which may also be relatively rare for many commercial cases, which often settle.
Read MoreFor me, I often find the magic number to around $300,000 - disputes about a number below that amount, in many circumstances, are hard to make work economically.
Read MoreBecause cryptocurrency litigation is relatively new, judges are not as familiar with it as they are with other kinds of business claims. Some are savvy, while others are skeptical. As a result, lawyers take great care to explain basic concepts in cryptocurrency to judges who may be new to the field so that the judges take the claims seriously instead of dismissing them because they seem strange or nonsensical.
Read MoreIn the body of a document request, an attorney will set forth numbered requests for documents. The number of requests may vary, but it is not uncommon for a document request to have fifty or more numbered requests. In my experience, some requests are broad and others are specific.
Read MoreCompanies often compile spreadsheets or other documents that are helpful to better understand the facts of the case or to evaluate claims made by witnesses. I try to keep an eye out for documents like employee directories, monthly financial statements, and organization charts.
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