The practice and culture of practicing law
In 1994, the United States District Court for the District of Vermont adopted an Early Neutral Evaluation program. It required that nearly every civil case on its docket be “evaluated” before being set for trial. I was fortunate to be Read More …
If there is one thing that almost all lawyers do, it is negotiate. Business lawyers do it. Litigators do it do it. Real estate lawyers do it. I suspect that even patent lawyers do it. Most of us think we Read More …
The Coronavirus pandemic has launched a worldwide, mass experiment in the practice of law by remote means. Thousands of lawyers are working remotely for the first time, looking for platforms for depositions by video conference, scheduling video mediations, and much more.
We are engaged in a massive test to determine what works and what doesn’t. We will probably decide — or our clients will decide for us — that many of the in-person practices of the past are not essential.
Some lawyers will fail to adjust. But don’t be afraid. Buckle down and learn what you need to learn to adjust to the new normal.
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If you use mediation, it’s useful to step back once and a while and think about why it works to be sure that you’re taking full advantage of what it has to offer. (If you don’t use it: “why not?”) As Read More …
Thinking in Bets: Making Smarter Decisions When You Don’t Have All the Facts By Annie Duke (Portfolio/Penguin: New York 2018). As a lawyer who strives to give clients objective advice, reading Thinking in Bets was a refreshing challenge. I am Read More …