A blog about the work lawyers do to win commercial disputes by Will Newman
I find that people take lawyers more seriously when they stick to the facts. If a defendant failed to pay $1 million, just say that. I understand how serious that is and I can work with you to address the underlying issues. But by comparing the defendant to a monster or a criminal, the defendant is more likely to want to clear their name and thus not settle. And the defendant may view the plaintiff as unserious and thus view their claims with skepticism.
Read MoreOnce someone is a fiduciary and they breach a duty, that does not automatically mean that the plaintiff has a winning case. Fiduciaries owe duties to specific people and, if the plaintiff is not one of the people owed the duty, she may not be able to sue for the breach.
Read MoreEvery office is different. Some workplaces are stuffier by nature, priding themselves in being elite institutions. Others are more relaxed, taking pride in being a place that people can do their best work in by being comfortable. As a result, different law firms take different approaches to dress.
Read MoreFederal Iraq has a Federal Supreme Court, which is the court of highest decree in the country. The Kurdistan Region does not have a similar counterpart; however, we can have our cases heard at the Federal Supreme Court as well.
Read MoreCourts are often reluctant to second guess an arbitrator’s decision (although they do on rare occasions). So when people arbitrate their claims, there may not be a chance to ask a court for a do-over. This may be true even when there are conflicts of interest.
Read MoreWhile it is nice to know that a lawyer is available to take the burden of a lawsuit off of a client’s shoulders, a client should also remember that lawyers often bill by the hour. And so it may make sense to delegate the work that a non-lawyer can perform to less expensive workers or for the client to perform the work themselves.
Read MoreSetting traps works when the lawyer is confident that she knows how a witness will answer a question and that the answer will be demonstrably false. So, for example, if the lawyer is confident that the witness will testify that a light was red, the lawyer may ask what color the light was, and then show a picture of a green light to reveal that the witness was wrong.
Read MoreLawsuits are submitted to the Commercial Courts based on the type of dispute. Courts monitor real jurisdiction ex officio, so as soon as the Court receives a complaint, it must first check whether it actually has jurisdiction.
Read MoreLitigants are generally given only one chance to litigate their claims. Once a court issues a final judgment on a matter, restrictions limit the litigant’s ability to argue the case again in another court. One such restriction is in the U.S. Constitution, which requires each state to give “full faith and credit” to the judgments other state’s courts. This restriction, however, has limits.
Read MoreSome lawyers before a jury trial use jury consultants or focus groups to get insight into how a real jury may consider the facts and what themes may be more persuasive than others. This is especially helpful for lawyers who may come from different social backgrounds from members of the jury. This is also helpful because some things that may seem irrelevant to a lawyer (such as where a witness works or lives) may have significant impact on their credibility to some jurors.
Read MoreMost of my calls do not end with me getting a new client. I don’t want to take people’s money for a case they cannot win. But I want people to remember me when future issues arise. So I try to be a sympathetic ear for their problems and a source for an honest view of how I see their case. My hope is that people appreciate that.
Read MoreThere is no pre-trial discovery in Iran. The first time a litigant sees opposing witnesses is at the trial before the judge. I can, however, use the electronic platform to review the documents opposing litigants submit to a court.
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