Articles

Mediations succeed when clients know what to expect before they go The lawyer and client spoke about the upcoming mediation. The client understood things, up to a point. “I get it. So the mediator goes back and forth, and tries to get us to agree to some number to settle?” The lawyer confirmed. “And if we can’t agree, this retired...

Rapport building with clients, counsel, and co-workers in socially distant times The lawyers sat at the dinner table with their children. “How are you liking Zoom karate?” one of them asked. Their eight-year-old told them karate was fine, but he missed his friends. The lawyer followed up, “You see them during class, don’t you?” “Yes,” the child said, “But it’s...

The future is not ours if we do nothing to safeguard it The former lawyer looked out past the grimy tent flap fluttering in the wind. A keening arose a few structures over – another shantytown resident hadn’t made it through the night. Starvation? The disease? The lack of desire to go on? Who knew. So much death in the...

The pandemic and the jury trial: Are they contradictions in terms? The lawyer, on Zoom, listened to the judge at a status conference in an ongoing complex fire case. “Listen, I’m going to be direct. The criminal case backlog – and I’m talking no time waiver and murder cases – is overwhelming. When it comes to picking a jury, well,...

Nuts and bolts practice management during a pandemic The lawyer apologized to the others on the call about the background noise. One of the lawyer’s children had a question that JUST COULD NOT WAIT (despite being asked to leave the lawyer alone during the call). Because the child was six…and stuck at home…and these were interesting times. Fortunately, the lawyer...

Get out of your pajamas and seize the opportunities presented by the pandemic to move cases along The lawyer attempted to process the changes that had occurred over the last few days. The office had closed, and everyone now worked from home. The courts had closed, and who knew what the trial backlog would look like when they reopened. Depositions...

Online focus groups can highlight case strengths and weaknesses, and at less cost than traditional focus groups The lawyer watched the screen with interest and disgust. On the screen: eight people, each one videoconferencing in from their respective homes. They comprised an online focus group. As the moderator unveiled case details, two defense-oriented jurors dribbled out their poisonous thoughts. Hence...

Making good decisions when group dynamics are in play, as in the co-counsel world The lawyer braced against the 70-mile-an-hour winds ripping across the ridge line, snow pelting the fractional exposed skin between goggles and balaclava. A gust triggered a harmonic hum as it passed between the skis strapped to the lawyer’s pack. Below was the lawyer’s climbing partner. Above,...

Taking depositions of the “persons most knowledgeable” The lawyer pressed the witness, the entity’s driver-training person most knowledgeable. “You understand the company believes you know the most about how drivers get trained?” The witness agreed. The lawyer continued, “You understand your bus driver did not know the bus’s width? The bus’s length? The bus’s weight?” The witness conceded each point....