The Presumption of Innocence Podcast: Episode 51 - A Higher Duty of Care: Representing Clients Living With Mental Illness
Paths + Profiles: Black History Month Special Edition - The Importance of Representation
Feds Have the Lottery Lawyer’s Number
Let's Talk Retaining a Family Law Lawyer
[EP. 52] Lawyers, Here's How To Answer This Uncomfortable Client Question
Law School Toolbox Podcast Episode 276: The Undocumented Lawyer - A Sneak Peek with Directors Chris Temple and Zach Ingrasci
JONES DAY PRESENTS®: Effective Collaboration in Trade Secret Litigation
The T-Shirt Pitch
Digital Issues for Individuals Working at Home (Digital Planning Podcast)
4 Key Takeaways | In-House Lawyers' Expectations of Outside Counsel
FCPA Compliance Report-Episode 350, Linda Justice and Her Nancy Drew Approach
We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...more
When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more
In a world grappling with the aftermath of COVID-19, the landscape of dispute resolution has undergone profound changes. As a mediator with Miles Mediation & Arbitration and the founder of FourthParty, a technology platform...more
Mediation can be like a box of chocolates. How so? Well, as Forrest Gump famously said, “you never know what you’re going to get.” That’s the case with the clients you’ll be working with as a mediator....more
While most mediation participants act professionally, with courtesy and decorum appropriate to the dispute resolution process, some do not. Perhaps unprofessional conduct occurs behind the mediation curtain because the...more
Lawyers have mixed opinions about the utility and wisdom of using graphic visual aids in mediation. Some don’t want to put that much work into preparation for mediation, assuming it is a waste of time. Indeed, sometimes a...more
Negotiating a settlement in a case with many defendants can be challenging. Each case includes different personalities and legal issues, making a one-size-fits-all negotiation strategy impossible. Finding a creative,...more
The process of preparing a client for mediation begins at the first interview. In a plaintiffs’ personal injury practice, clients seldom have prior experience with the litigation process. However, they may have to unlearn a...more
Preparing a Defendant for mediation presents some different challenges. In order to be successful, you must understand your client’s level of sophistication in connection with the entire mediation process, set up realistic...more
Many moons ago I purchased my first DLSR camera. I wanted to capture life’s priceless moments, from family vacations to watching my kids play sports and perform in recitals. In order to improve upon the craft of snaring great...more
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more
There’s an old expression: “You can catch more flies with honey than with vinegar.” Assuming that your goal is not to actually catch flies, but instead, to get what you want in some kind of negotiation, the expression means...more
Throughout the mediation process, there are several critical decisions that plaintiff’s counsel will need to make. These decisions will, in turn, determine the ultimate direction of the case....more
What exists at the point where PIABA’s transparent self-interest in getting paid and FINRA’s historical lack of transparency about who is actually driving its agenda regarding arbitrations? This: a late December decision by...more
Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively...more