How to Handle Service of Process Effectively
Podcast - Actors on a Stage
A Good Lickin'
Podcast - Bring Out the Bad Stuff
Key Discovery Points: ESI Protocol Objection Denial Party
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The Journey of Litigation
Podcast - Part II: The Do’s and Don’ts of Demonstratives
Podcast - Persistence and Determination
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - Walking Tall
Podcast - The Seeds of Corruption
Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
Podcast - How Do You Define Success?
Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
Podcast - Part II: Being an Expert Is a Lonely Business
Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)
Podcast - Part I: Being an Expert Is a Lonely Business
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It’s a familiar scenario: As the case moves toward the mediation stage, the two sides start staking out positions with an eye toward compromise. The plaintiffs make a big ask with the expectation of coming down. The defense...more
In high-dollar litigation, mediation is not merely a procedural requirement or a perfunctory step toward resolution. Rather, it can be a pivotal moment in the life cycle of a case. When leveraged correctly, mediation offers...more
Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more
The process of preparing a client for mediation begins at the first interview. In a plaintiffs’ personal injury practice, clients seldom have prior experience with the litigation process. However, they may have to unlearn a...more
Preparing a Defendant for mediation presents some different challenges. In order to be successful, you must understand your client’s level of sophistication in connection with the entire mediation process, set up realistic...more
TRIAL PREPARATION SERIES / PART ONE OF THREE - It is a fact of modern law that many litigators never actually try a case. And those who do rarely appear in a courtroom more than once or twice a year. But you must have a...more
Where resolution is always the ultimate goal, mediation serves a vital purpose as a vehicle for exploring settlement in high stakes litigation where unnecessary and protracted litigation costs may be avoided by all parties....more
Mark Twain once said: “Trial by jury is the palladium of our liberties. I do not know what a palladium is, but I am sure it is a good thing!” If Mr. Twain were alive today, he wouldn’t be quite so sure that jury trials...more
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more
There’s an old expression: “You can catch more flies with honey than with vinegar.” Assuming that your goal is not to actually catch flies, but instead, to get what you want in some kind of negotiation, the expression means...more
Throughout the mediation process, there are several critical decisions that plaintiff’s counsel will need to make. These decisions will, in turn, determine the ultimate direction of the case....more
When a lawsuit is pending, there’s no better, more practical and effective way to resolve the dispute than through alternative dispute resolution (ADR). What a great feeling when all issues are settled. The case is completely...more
During the course of negotiations, it is very common for one or more of the parties to ask a Mediator, “So, what do you think the case is worth?” This Mediator has a consistent response to that often-heard inquiry, “The case...more
In popular culture, and to some extent in the preparation of trial lawyers, the ultimate focus is the trial. We think of that as the pinnacle moment for advocacy: in the courtroom, looking into the eyes of the judge or the...more
While the majority of disputes resolve at Mediation, there nonetheless remain those that impasse. At times, the lack of success stems from individual issues unique to the matter at hand. Often, however, the failure to achieve...more