These are just some of the considerations in deciding where you should start a lawsuit. Be sure to consider carefully with your attorney where you should be before you file the summons and complaint.Continue reading
Does mediation take time, and can it cost money? Sure. But the amount of time invested by the parties, and the costs, pale significantly in comparison to the time and money that would be expended as the lawsuit moves forward. The potential benefits of meditation are enormous and, in most cases, the risks small.Continue reading
“What’s taking so long?” This is a common question asked by clients as a lawsuit goes on and on, oftentimes for year after year.
Sometimes, the passage of time cannot be helped; neither the parties, the lawyers, nor the courts, acting independently, can make a case move faster.
Presumptive ADR, which in many cases will mean mediation, will bring a sea change in the way cases are litigated in New York State. On May 14, 2019, New York State Chief Judge Janet DiFiore announced “a transformational move to advance the delivery and quality of civil justice in New York as part of [her] Excellence Initiative.”Continue reading
I discuss the law concerning the awarding of attorney’s fees to prevailing parties in litigation, some of the practical effects of allowing or not allowing an award of attorney’s fees, and the application of fee shifting provisions in certain commercial agreements. In this article, I explore considerations as to whether to include fee shifting provisions in various agreements.Continue reading
When served with a lawsuit that one thinks has no merit, or when forced to start one to protect one’s rights or recover property that is due them, one of the first questions that is asked is, “Am I entitled to recover my attorney’s fees if I win?”Continue reading