By Shari Klevens and Alanna Clair | January 27, 2025
By being aware of some of the risks and goals, lawyers can help ensure a fruitful—and good faith—mediation.
By Shari Klevens and Alanna Clair | January 13, 2025
Even for those litigators who appear before juries and benches more often, there can sometimes be tricks of the trade that are overlooked in the midst of a busy schedule.
By Shari Klevens and Alanna Clair | December 30, 2024
The practice of law is a very busy profession, with many demands on lawyers’ time. Thus, the new year can be a great opportunity to assess one’s practice and evaluate areas for improvement.
By Shari Klevens and Alanna Clair | December 16, 2024
For those lawyers who made Santa’s “Nice List” this year, hopefully Santa will bring them a risk management tool to help keep them protected in 2025.
By Patrick Jones | December 13, 2024
When a proposal is made by the mediator, reactive devaluation is significantly reduced. Thus, a party might agree to a proposal made by the mediator, even though it would not have agreed to that proposal if it had come from the opposing party.
By Shari Klevens and Alanna Clair | December 2, 2024
By being aware of the rules governing law firm names, lawyers can move forward with a firm name that helps them maximize their potential for growth without running afoul of any requirements.
By David C. Nutter | November 20, 2024
A public airing of a business dispute or partnership breakup can be harmful to the reputations of all the parties. Mediation allows the parties to resolve their differences in a confidential setting and to move forward.
Daily Report Online | Commentary
By Eric J. Frisch | November 5, 2024
Litigators know there is nothing more disheartening than reaching an agreement at mediation—which may take hours or even days—only to have the resolution fall apart because of a disagreement over the final terms.
Daily Report Online | Commentary
By Shari L. Klevens and Alanna Clair | November 4, 2024
Going beyond the traditional conflict of interest analysis that occurs at the beginning of a new representation or matter, there are other conflicts-related issues that can arise for lawyers and implicate their ethical obligations.
Daily Report Online | Commentary
By Michael Kenny | October 31, 2024
Fascism is not some facile epithet; it is a description of a form of government that is the very antithesis of the Declaration of Independence, the Constitution, the Emancipation Proclamation, the Gettysburg Address, the Reconstruction Amendments, the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
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