Should you go to trial or settle your case? Well that depends. In modern litigation virtually every case is at some point flagged for a formal or informal settlement discussion. Most civil cases do settle prior to trial. Why do litigants settle? To avoid risk - cost,...
Philadelphia Law Blog
Why Arbitration?
by stanleycheiken | Apr 14, 2024 | Firm News
Arbitration of business litigation matters is something to consider and here are some thoughts. You may have no choice. If there is a binding arbitration provision in the parties' contract, then the decision has already been made for you. If there is not a...
Working Weekends
by stanleycheiken | Apr 7, 2024 | Firm News
I doubt I ever once considered that I would work on weekends when I was a student aspiring to one day become an attorney. It probably took about a year or so after I began practicing law for me to become part of the "weekend team." That meant I was a trusted enough...
A Word About Fees
by stanleycheiken | Mar 31, 2024 | Firm News
There are various ways that any attorney can charge for services. The most common are hourly billing, flat fee, and contingency. There are also billing arrangements that involve a hybrid or combination of these approaches. You should give consideration to all possible...
Eyes of the Beholder
by stanleycheiken | Mar 23, 2024 | Firm News
I had the pleasure to meet a potential new client this week. She had already spoken to two other attorneys, neither of whom felt she had a case. She was referred to me by a colleague who knows me well. I spent a few hours speaking with the client and we were able to...
Communication
by stanleycheiken | Mar 17, 2024 | Firm News
The Rules of Professional Conduct require attorneys to communicate with their clients about their goals and objectives. Sadly, many attorneys do a poor job of communicating. I'm not talking about returning phone calls or responding to emails. That is important too....
Severance Agreements
by stanleycheiken | Mar 3, 2024 | Firm News
For those of you who are sports fans, you probably know that professional head coaches negotiate severance packages that apply in the event that the team fires them before the end of the contract term. Many employees do not have the bargaining power to negotiate a...
Words
by stanleycheiken | Feb 25, 2024 | Firm News
The Alabama Supreme Court’s opinion was in the news this weekend. To listen to the media, the decision was based on one’s religious/political views about when life begins. But I read the opinion, and the actual decision is very limited. The decision was simply based...
Contract Modifications
by stanleycheiken | Feb 11, 2024 | Firm News
Parties to a contract are always able to modify their contract. The requirements for a binding modification are the same as for other contracts. The parties need to reach a meeting of the minds on the terms of their modification. Importantly, contract modifications...
Preaching to the Choir
by stanleycheiken | Jan 28, 2024 | Firm News
I have an employment dispute case that polarizes opinion. I have discussed the matter with many colleagues and they each have a strong opinion about the correct outcome. My colleagues who represent employers think the employer should win. My colleagues who represent...
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