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...
I submitted a post-trial brief yesterday on a case that got started in the Summer of 2018. Why did it take so long to get to the end? I have no idea. Unfortunately, this case does not stand out in my mind as having lingered particularly long. I have older cases in my...
The longer I practice in this field, the more strongly I feel about the importance of spending time to get to know a client before agreeing to representation. Of course, I firmly believe that the converse is true. It is vitally important for a client to get to know...
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,...
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...
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...
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...
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...
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....
