Clients wonder how mediation works in estate cases. As an estate lawyer, I use mediation to resolve clients’ estate disputes. Want to learn more about mediation? Read this preliminary letter I sent to Joan (a fictional client) before her mediation. Dear Joan, You will be…
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Action Steps Ask yourself these questions: 1. Do you want to talk or keep on fighting? 2. How much are you gambling on winning in court? When lawyers get involved in your dispute, they bring their own history and baggage to the table. This can be like…
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Do you remember scenes in war movies where soldiers approach the enemy, unarmed, holding a tattered white sheet? In war zones, when you raise the white flag, it means you can’t fire your weapons or be fired upon. The improper use of the white flag is forbidden….
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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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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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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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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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Remember Sam’s story from my previous post? The housekeeper’s position was that she was fired without legal cause in 2000. She claimed back wages were owed to her for fifteen months. This court process took years and consumed thousands of dollars. Sam’s lawyer never guaranteed that Sam…
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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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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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