More Thoughts on Confidentiality

Lawyers are not public relations specialists, and so they may not consider how a particular argument could be viewed in the court of public opinion or how a statement could be viewed out of context.

Litigating From Home

When I worked in an office, I almost always bought lunch at local lunch places. In midtown Manhattan, that would cost millions of dollars each week. Now, I make sandwiches, eat leftovers, or make other quick meals.

Deadlines

Unlike the deadline to answer an initial demand or pleading, the deadline to file an appeal is often strict. A good appeal, filed late, may be dismissed for the lateness alone. As a result, litigants have to be vigilant to make sure they file their notices of appeal on time.

More Thoughts on Defaults

Judges do not just rubber stamp requests for default judgments. They often scrutinize a plaintiff’s request for one to make sure they served papers correctly and that they submitted adequate evidence to support their case.

Bad News

Before delivering bad news, it helps to let a client know what to expect. This way, they will not be blindsided when an adverse event occurs. Doing this is tricky because, if a lawyer only shares worst case scenarios, the client may get too scared to proceed in situations where risks are low. They may also mistake a worst case scenario for a prediction of failure.

More Thoughts on Document Discovery Basics

More Thoughts on E-Filing

How do you start a lawsuit? The answer in a lot of places and under many situations is by electronically filing a document!

Key Differences Between California State Courts and Federal Courts in Litigation

Federal courts tend to be more structured, with stricter rules and procedures. This can be both a blessing and a curse. For one, it ensures that cases are handled with a high level of scrutiny and professionalism. However, the process can also be slower and more expensive due to the complexity of federal cases.

Recovering Fees and Costs

Once a party wins a lawsuit, they do not automatically get their costs and attorney’s fees repaid. Instead, they need to get the court to approve the amount of money they spent. This ensures that the prevailing party does not claim an exorbitant amount of fees and costs. To do so, they may submit a “bill of costs,” listing all of the expenses they incurred in the suit. A clerk may approve some and disallow others.

Preparing to Take a Deposition

Before the day of a deposition, the lawyer needs to identify the documents she intends to ask the witness about. These should include all of the documents she has questions about and the documents she wants the witness to authenticate. There may also be some “standby” exhibits that the lawyer is ready to show the witness if the need arises.

Demand Letters 2.0

A demand letter will rarely convince someone that they are wrong, because few people ever believe that they are wrong. But if a letter contains a good explanation of the relevant facts and law, it can help the other side's lawyer explain to their client why it may be better to settle than to litigate.

Civil RICO Lawsuits

RICO claims fail a lot because they attract a lot of plaintiffs but require such technical expertise that most lawyers do a poor job of asserting them. Also they are particularly appealing as a last resort for claims that could not succeed in a more straightforward claim.