Surprises

Surprises also arise before trial. Sometimes in discovery, lawyers will discover emails that contradict their understanding of the case. And sometimes, parties will make surprising offers to settle (or not to settle) or decisions about what arguments to pursue. Lastly, I am often surprised by lawyers acting weird, which they frequently do.

When Not to Litigate

Some defendants may also litigate cases that cost more money to defend than to settle because they want to set their own internal precedent. They want potential plaintiff to know that they will not hand out easy settlements to anyone who sues them, but instead will fight. This may cost short term losses, but may save money in the long run by discouraging additional weak lawsuits.

Qui Tam Litigation

Plaintiffs normally sue defendants to recover for a loss they suffered. In fact, a plaintiff often must show “standing,” or the fact that they are the right party to sue the defendant because they are the ones who suffered the loss the defendant caused. But in some situations, a plaintiff may sue to recover money that the defendant stole from the government.

Beyond Ink: Navigating the New Age of Contracts

Emojis, once seen as playful expressions, now carry significant legal implications. A recent Canadian court ruling offers a stark example. It determined a thumbs-up emoji acted as a digital signature, binding a business to an $82,200 contract.This ruling underscores that emojis are not mere decorative flourishes; rather, they can bear legal significance in business transactions.

Jury Strategies

Everyone is different, and there is no secret to persuading any individual person. But in general, people respond to messages tailored to them. And so a good presentation to a jury often involves speaking directly to them. This means eye contact with the jury, and it means speaking towards the jury.

Anti-SLAPP Statutes

Anti-SLAPP statutes do not apply to every lawsuit involving speech. Instead, just as the right to free speech has exceptions for commercial speech, these statutes do, too.

Finding Good Cases

A trial court decision from the relevant trial court can be useful, especially since these are even more numerous and thus more likely to have cases with similar facts. This is especially true if you need case law on issues that people may not frequently appeal, such as some kinds of discovery disputes or minor matters. Trial court decisions, however, may be even more helpful since they may themselves cite helpful appellate decisions that some other lawyer or court personnel found that may not have appeared in your search.

Opening Statements

A major challenge in an opening statement is setting the right tone. The lawyer should earn the fact finder’s trust and seem credible, since he or she is asking the jury to see the case the same way that they do. Doing this requires some confidence, but not too much confidence that the jury is put off. The lawyer must also explain the facts, but not go so far into detail that the statement is dry or boring.

Demonstratives

A prime use of a demonstrative is to emphasize an important piece of evidence. If there is a written confession or a damning quote, showing it to the audience may make it harder to ignore than just describing it. And if there is a photograph that makes it easier for the audience to truly understand the facts, showing it may be easier than describing the scene alone.

Disputes with Clients

Many client disputes arise because the client’s expectations were not met. And one way to address this is for a lawyer to frequently advise a client on what to expect. This means both frequently communicating with the client, and giving the client notice of the likely, and even some unlikely, things that can take place. Litigation is unpredictable, and while it is impossible for a lawyer to tell a client how a case will proceed, it is helpful for a lawyer to share as much as possible to keep a client from surprises.

Local Rules and Individual Practices

Local rules often provide rules about the formatting of documents (like what fonts and spacing and margins are acceptable) and page limits. They may also require things like tables of contents, additional filings that explain other filings, or specific statements to be made in filings. For example, many federal courts have a local rule 56.1 that requires a statement be made in connection with a motion for summary judgment that sets forth the undisputed facts.

Filing Under Seal

Even after a litigant files documents under seal, another litigant may ask the court to lift the seal, arguing that the need to protect the documents is no longer substantial enough to prevent public access.