A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Category: Litigation
How does someone take thousands of emails and decide which get produced? And are there a bunch of complicated rules and procedures that would surprise someone who doesn’t do this all the time? The answers are “a variety of ways” and “yes.”
Read MoreWhy should you consider having a lawyer get admitted pro hac vice instead of just hiring local counsel to represent you? Because if you already have a relationship with a lawyer you trust, you may feel more comfortable with them representing you that with a stranger. This is especially true if you believe that your lawyer is particularly skilled or capable. And if you use your existing lawyer, you don't need to pay to bring a new lawyer up to speed on facts of the case if your existing lawyer already knows the facts.
Read MoreWitnesses 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 MoreWhen a client tells a lawyer she wants to sue someone, she may not know all of the possible causes of action. She may just know that the defendant has done something wrong. It is up to the lawyer to use her own knowledge and research to determine what causes of action address the defendant’s conduct.
Read MoreThe most straightforward thing that people can seek in a lawsuit is money. If you allege in a lawsuit that a defendant caused you to lose a certain amount of money, or failed to live up to a promise to pay you a certain amount of money, you can seek a judgment that directs the defendant to pay you that money.
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 MoreUnder the “American Rule,” plaintiffs and defendants usually pay for their own lawyers, even after one of them prevails. This is why parties often settle cases: no one wants to spend more on legal fees than they recover or than the amount of a judgment they avoid. But in some situations, a prevailing litigant may recover their attorneys’ fees from their adversary.
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.
Read MoreLaw firms often use document management software to store documents. Instead of saving documents in a folder or a shared network drive, law firms often allow employees to save documents on a system in which each document gets a unique ID number. The system then allows any other user to access the document.
Read MoreTemporary Restraining Orders frequently arise in disputes arising from the use of confidential material or intellectual property. This may be because it is difficult to quantify the damage arising from improper use of confidential material and so a money judgment may not properly compensate a plaintiff.
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