News and Insights

Don’t Get on the Train Unless You Know Where It’s Headed

Let’s suppose that you have received a claim or demand letter. Perhaps even worse, suppose you’ve been served with a summons and complaint. On the other hand, suppose that you have a claim against someone that you have not been … Continue reading

The Importance of Simplicity (Part 2)

In my previous article, I began discussing the importance of simplicity, in the service of clarity, in the presentation of facts and arguments. I asked the questions: –Why do we so often load up our papers and testimony with unnecessary … Continue reading

The Importance of Simplicity (Part 1)

The facts underlying many disputes can be very simple. Others may be more complicated. In either case, when preparing a pleading, motion papers, or testimony for a court proceeding, the goal for the attorney and the client should be to … Continue reading

Don’t Let Your Social Media Posts Become a Liability

Just as text messaging and email have allowed us to communicate with each other in real time, social media has allowed us to interact with people we don’t really know; or know at all.

Discovery: The Vital Next Step

{3:40 minutes to read} Cases can often be won or lost during discovery. When a dispute arises and a party hires an attorney, they will spend time, together, going over the facts, providing relevant documents, and giving the attorney enough … Continue reading

Must I Go To Court?

{5:20 minutes to read} Clients often ask whether or not they must go to court. As in many areas, there is a simple answer and a not-so-simple answer. The simple answer is: if you were named as a defendant in … Continue reading

Life As An Open Book

{2:45 minutes to read} Much has changed in the way we live and communicate. For many people, both in business and personally, that means emails and text messages have replaced carefully thought-out letters and memoranda. In business today, it is … Continue reading

Can Oral Agreements be Enforced?

{4:50 minutes to read}  Clients often ask their attorneys whether an oral agreement – one that is not reduced to a writing, signed by the parties – can be enforced. This can come up when the client thinks that he is … Continue reading

What Should a Non-Party to a Lawsuit Do If Served with a Subpoena Duces Tecum?

{4 minutes to read} From time to time, individuals and companies will be served with a subpoena requesting the production of documents that may be relevant to a litigation in which that person or company is not a party. The … Continue reading

Will I Be Awarded Legal Fees If I Win?

{4:30 minutes to read} The awarding of legal fees is a sword that cuts both ways. Many clients, particularly those who believe that their adversary’s claim or defense is baseless, ask whether they will be entitled to recover attorney’s fees when … Continue reading