The Estate Blog

“Can You Negotiate Instead?”

Have you ever tried to solve a disagreement by arguing with a person? Your attitude, facial expressions and tone of voice may have made things worse. You end up angering that person, making it impossible to bring them to the table. So, how do you negotiate with…
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Are You Ready for Trial?

The trial is scheduled by the trial co-ordinator’s office. Depending on the jurisdiction, a trial date may not be set until at least six months after the pre-trial conference. This wait depends again on the length of the trial and the number of witnesses you will have….
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Typical Steps in a Lawsuit

  Here is the sequence of steps in a typical lawsuit: 1. Pleadings – set out all claims and defences 2. Production of evidence 3. Discovery/Deposition – cross-examination under oath 4. Undertakings – for further material 5. Pre-trial Conference with a judge 6. Trial and Judge’s Decision…
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Dirty Fighting with Lawyers

Bob: “You are my lawyer, Jack, and you have to know. Ron is going to fight to get what he wants.” Jack: “That’s why the secret to success is to find out what Ron wants and to see if you can give it to him.” Bob: “Isn’t…
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Why Do Most Cases Settle?

Q: Why do so many legal disputes never get to the courtroom to be resolved? A: You stop paying someone to bang your head against a wall. Cases settle before trial because you risk so much if you lose. You could end up paying your lawyer and…
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You Have the Right to Trial, But…

Our legal system is based on democratic principles. In a free society we all have rights and obligations. In a lawsuit, judges dispense justice based on legal rules. Simply put, judges decide: • if you ran the red light, you are guilty • if the light was…
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The Craziest Thing You’ll Learn from Court TV

Court judges on television do it. Why can’t every judge just let you stand up and tell your story in court? In five minutes, it would all be over if the truth came out. After you give your evidence, the courtroom crowd would hold their breath. Seconds…
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What Is Your Real Legal Issue?

Reconsider why you are in involved in a legal dispute. Not every grievance warrants going to court. Why? Anything can go wrong at trial. Lawyers know they lose cases that cannot be lost. They also win cases that cannot be won. It’s more than just a roll…
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