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Monthly Archives: June 2013
Pet peeves of lawyers (a continuing series)
1. Sadly, I’ve almost come to expect that the other side will lie about me to my client and their own. I particularly love it when OC writes a letter to me accusing me of incompetence and then adding a settlement … Continue reading
Lie Detectors (Polygraphs)
Don’t do them. They play games and are not accurate. Even the US Supreme Court has acknowledged that there is no consensus on polygraph reliability. Some courts have even held that the polygraph does not meet basic evidentiary standards enunciated … Continue reading
Is There Such A Thing As “Cost-Effective” Litigation?
Probably not. But there are many things I do that keep costs down. Of course, they can all go out the window if the other side is determined to fight tooth and nail over everything regardless of their own costs … Continue reading
When winding up a company “The Right Way” is valuable.
Facts: Company A sells all its assets (but not its stock) to Company B. Some of B’s owners were also owners of A. A is then formally dissolved according to your state’s requirements while B continues operations. Is Company B … Continue reading
Pro se parties and how to cope
What have you found to be the quickest and most effective way to shut down a crazy pro per party who is threatening civil litigation against everyone and their mother? First, there is no guarantee that she will go away no matter … Continue reading
The “necessary and proper” clause of the Constitution
I hear people regularly chastise Congress and the Courts for over-reaching, for asserting powers that the Constitution never gave them. Well …. Maybe. But maybe not too. Huh? The “necessary and proper” clause of the Constitution explains a lot. It … Continue reading
Is a settlement agreement an enforceable contract?
A settlement agreement and a contract are synonymous. So the question is really, is there a contract to settle the case? What are the elements of contract? Offer, yep. I will dismiss my case if you dismiss yours and pay … Continue reading