There’s nothing quite like getting ready for trial. There really is no particular blueprint. What is required is focus and energy. You have to prepare yourself, while simultaneously making sure everyone on your team is also prepared. To complicate things, you’re...
From time to time, I receive calls from prospective clients looking to switch attorneys. More often than not, the primary concern they have with their current attorney comes down to poor communication. A client has a right to expect prompt, honest, effective...
When an executive or professional level employee negotiates a separation agreement, there are numerous issues that may arise. Having an experienced attorney is important or you may lose an opportunity to obtain additional value in the transaction, or much worse, you...
There are several ways that an offer to create an enforceable contract can be accepted. The most obvious way is by signing a written contract. But any clear an unambiguous expression of acceptance can do the trick. Another less obvious way is by accepting performance...
When should you switch counsel? 1. When you don’t trust counsel’s advice. 2. When you don’t have faith that counsel can accomplish your goals. 3. When you don’t share the same strategic approach to the case and you are not able to reach a consensus. 4. When you’re...
As a trial lawyer, you will often be confronted with a situation where the easy path is the path of least resistance. As a practical matter, this means resolving a dispute instead of litigating it to conclusion, or compromising a position even when you feel strongly...
Winning and losing is a part of the business and if you want to be a trial lawyer you’d better get used to both. There are big wins and little wins. Either way, it’s the best part of the job. Most professions have nothing similar. But litigation is adversarial, and...
Yes. Well not exactly. But more often than not, if you are so inclined, you can negotiate improved terms in virtually all aspects of your life. Negotiation isn’t always a zero sum game. Focus on win-win items. Also, negotiation does not need to be adversarial, and...
Experience matters for trial lawyers. Appearing in court is very frequently a proposition that involves evolving strategy and split-second decision making. Making the right choices can benefit the client greatly. Of course, the opposite is also true. To get the best...
On April 23, 2024, the Federal Trade Commission (“Commission”) adopted a new rule, titled “Non-Compete Clause Rule.” The Rule states: “[I]t is an unfair method of competition for a person to enter into or attempt to enter into a non-compete clause; to enforce or...
