Posts tagged "trial"

Draft Settlement Agreements with Care or You May Give Up More than You Bargained For

The first sentence in an appellate opinion can strike fear in the heart of any advocate. I should know. Nearly twenty years ago the California Court of Appeal began its opinion on a losing appeal of mine with this sentence: “This case presents a real doozy of a puzzle in mechanic’s lien law.” In a more recent case involving … Continue reading Draft Settlement Agreements with Care or You May Give Up More than You Bargained For

Ignore This Mediation Clause and Say Good-Bye to Your Attorney Fee Award

A recent opinion of the California Court of Appeal (click here to read) reversed a trial court’s decision to award attorney fees to the prevailing defendant homeowners in a real estate non-disclosure case. The reason: the standard California purchase agreement that included an attorney fee provision also required that the parties participate in mediation or forfeit the … Continue reading Ignore This Mediation Clause and Say Good-Bye to Your Attorney Fee Award

Three Yards and a Cloud of Dust: More X’s and O’s from the Competitive World of Litigation

I like to read and report on appellate court cases that illustrate the benefits of self-determination in the mediation process as opposed to court-imposed adjudication in the civil trial process. It may involve a little “Monday morning quarterbacking,”  but I don’t consider it to be second quessing anybody but more like watching game film to … Continue reading Three Yards and a Cloud of Dust: More X’s and O’s from the Competitive World of Litigation

Don’t Ignore the Impact of Judicial Discretion on the Outcome and Cost of Trial

Discretion is the better part of valor, a phrase that can be traced to a 15th Century English writer named Caxton, became part of the English vernacular after the publication of William Shakespeare’s ‘King Henry the Fourth’ in the 16th Century. The phrase came into the American lexicon in the 18th Century courtesy of Benjamin Franklin’s ‘Poor Richard’s Almanac’. But what … Continue reading Don’t Ignore the Impact of Judicial Discretion on the Outcome and Cost of Trial