Filtered by Tag: depositions

I Still Don’t Know

Even though I still do not know for sure what will happen in any given case, clients pay lawyers, in part, for our guidance. So it is not enough to just tell a client that I have no idea how their case will go. Part of the work of a litigator is to tell the client about our past experiences and their case’s possible outcomes. This includes discussing the likelihood of each outcome. This conversation grounds the client in reality, while at the same time acknowledging that we face unpredictability.

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Comments on Recent Cases: April 2026

Since litigation is burdensome and expensive, parties can make agreements to limit their own exposure to a lawsuit. Courts will enforce “no action” clauses, putting obstacles to the commencement of a lawsuit, even when they protect non-parties to the agreement.
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Comments on Recent Cases: March 2026

People are understandably upset when others say false things about them, and they may consider defamation litigation. When false statements arise in a public process, such as in city records or in court, the lies may do more damage than they would have in a less official forum. The subject of those statements may therefore feel a greater desire to sue. But common-interest privilege protects certain types of statements.
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Comments on Recent Cases: February 2026

When a court orders someone to appear for a deposition, the person must appear or get another court order to the contrary. The penalty for disobeying the order to appear, however, can vary. For witnesses who decline to appear, the penalty may be monetary. For parties to the lawsuit, the court may rule the person who failed to appear must lose, but that is not always the case.
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Comments on Recent Cases: January 2026

It is important for defendants in litigation to promptly respond to a complaint. If they do not, a plaintiff may obtain a default judgment against them. But courts still apply strict rules to plaintiffs seeking default judgments.
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Comments on Recent Cases: December 2025

To prevail in litigation, it is not enough that someone did something wrong. A plaintiff needs to sue the correct defendant, usually the one responsible for the wrongful action. Sometimes, however, plaintiffs sue someone who did not do the wrong thing, and claim this defendant “aided and abetted” the wrongful actor.
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I Still Don’t Know

Even though I still do not know for sure what will happen in any given case, clients pay lawyers, in part, for our guidance. So it is not enough to just tell a client that I have no idea how their case will go. Part of the work of a litigator is to tell the client about our past experiences and their case’s possible outcomes. This includes discussing the likelihood of each outcome. This conversation grounds the client in reality, while at the same time acknowledging that we face unpredictability.
Read More
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Bankruptcy Litigation

At the conclusion of bankruptcy proceedings, the bankruptcy court can release her from her debts and contract claims. Creditors, however, may challenge some debts as being non-dischargeable, arguing that the debt should continue, even after the debtor declares bankruptcy. Student loan debts, for example, are usually non-dischargeable, as are debts arising from the debtor’s own fraudulent conduct.
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More Thoughts on Settlement Agreements

A defendant may be concerned that someone may argue that the plaintiff’s allegations must be true since the defendant agreed to pay money. This is why many settlement agreements contain a statement that the defendant is not admitting liability, but is only settling with the plaintiff to avoid further litigation.
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Trusts and Estates Litigation

Many people write a will before they die (few after) that identifies who should receive their property after they are gone. An executor may read these instructions and then distribute property accordingly. Sometimes heirs fight and claim that the executor is not interpreting the will correctly or following its instructions. … Some people want to avoid having a will and, instead, set up a trust. There are many benefits to a trust. It could have better tax consequences. It can avoid procedures in court since the trust holds property and, after the decedent dies, the property stays in the possession of the trust and does not need to be distributed. And it can allow for long-term actions under the guidance of a trustee, as opposed to one big distribution upon a decedent's death.
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More Thoughts on Direct Examination

People often craft a direct examination as if it were just a script on a page. They forget that these questions and answers are a conversation in a courtroom. As a result, those direct examinations sound awkward, repetitive, dull. Better lawyers picture how the examination will play out in court.
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Litigation in Hong Kong

An advantage of the courts in Hong Kong is that they maintain strong judicial independence. On the other hand, there is a high risk and cost of litigation, and it can take three to four years to get to trial.
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Litigation in Seychelles

As English French and Creole are all national languages of Seychelles, legal proceedings could include any one of them. However, English is the language used in court. So if a witness speaks Creole or French, they will be provided an English-language interpreter for the court record.
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Litigation in Lithuania

Lithuania’s private law has been a mixture of rules from Germany, France, and Netherlands. In 2004 when Lithuania joined the EU, they not only adopted the regulations that apply to all member states, but they amended other national laws to align with European principles. Today, Lithuanian commercial law is European and modern.
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Litigation in Lebanon

Lebanon has a first instance court, which is like a county court in the United States. After that, a party can appeal to an appeal court, an after that there is the Cassation court, which is derived from the French court system. That court only hears cases, though, when the appeals court judges disagree or when there was an error at the appeals court.
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Litigation in Liechtenstein

Liechtenstein has enforcement agreements only with Austria and Switzerland, except in arbitration matters where it has joined an international enforcement convention. In civil proceedings without arbitration, it may therefore be necessary to re-litigate the case entirely in Liechtenstein.
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