Mediate, Not Litigate
Your client just received a demand letter, or conversely your client wants to file a lawsuit against an adverse party. Often, the best time to resolve disputes is before the parties engage in litigation. Whether representing a plaintiff or a defendant, the benefits of participating in pre-litigation mediation are abundant. There are five key reasons why attorneys should urge clients, and opposing counsel, to … Read More
Legal Update: Status of Arizona State and Federal Litigation During the COVID-19 Pandemic
Wednesday, March 18, 2020
The Arizona Supreme Court issued the attached order “Authorizing Limitation of Court Operations During a Public Health Emergency” intended to “revise, clarify, and add to” the Arizona Supreme Court’s March 16th Order. The primary takeaways from the revised Arizona Supreme Court Order are:
Arizona’s state courts remain open for business, with certain … Read More
The Right to Recover Attorney's Fees
If you talk to anyone who has been a party to a lawsuit, they are almost certainly going to comment as to how expensive it was. Unless an attorney is hired on a “contingency fee” basis – which is seldom an option in business-related cases, the client must pay his or her attorney based to prosecute or defend their case, based upon the time that is spent by their attorney. And although … Read More
Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and Motels
The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a steady stream of new ADA lawsuits over the past month, targeting Valley-area hotels and motels.
For the past month, AID’s lead lawyer, Peter Strojnik, has regularly filed as many as three … Read More
The Difference Between Arbitration, Mediation, and a Trial
Transcript of Arbitration Vs. Trial
Hi, my name is Mitchell Reichman. I’m a board certified specialist in Family Law and chair of the Family Law Department at Jaburg Wilk.
Arbitration is different than trial in important ways. First, arbitration occurs in private offices and so the process is confidential. Another way it’s different is if arbitrators are not bound by time constraints that … Read More
Expert Witnesses: Who Needs ’Em?
By Matt Anderson, Esq.
Clients often ask whether retaining an expert witness is necessary in their case. And they are wise to ask, because experts are a critical part of many cases, but not all. As attorneys, we often retain an expert "because we can" or "because that's how we always litigate this type of case." But often we fail to ask ourselves the only question that matters: will … Read More
5 Easy Steps to Derail Your Attorney/Client Relationship
When clients come to me for legal advice, I assume they will consider my advice, if not follow it. However, for sake of argument, let's say you are different and you want to know the best ways to negatively impact the attorney/client relationship. In my opinion, there are five ways to get your relationship off to a bad start, or if it was going well, to insure that it gets worse. For both … Read More