Frequently Asked Questions (5)
In a nutshell, mediation is an attempt to settle a case where all parties come together at a specified time and place for that purpose. Mediation is a good chance to educate when either side has unreasonable expectations. Mediation can help get resolved a claim that should not go to trial. Mediation is a good tool for use in the small case that does not justify the expense of trial. As a general rule, it never hurts to mediate (since mediation, as opposed to arbitration, is not binding); but do not let the other side conduct more discovery during the mediation than they allow to be conducted of them. For this reason, have agreements on the front end regarding who will appear at the mediation and that they have plenary authority. I do not take my clients to a mediation unless the economically responsible defendant or insurance company representatives are going to be present. In cases where damages are great and liability is clear, mediation can be used to get reserves set higher for further negotiations down the road, or to communicate the seriousness of the case and the client’s willingness and readiness to go to trial. When big dollars are at stake, insurance companies usually do not authorize as much for settlement at a mediation as they later will authorize immediately prior to or after the beginning of trial.
Every lawyer who has ever tried a serious case has used a focus group. That focus group might have been a jury of one and compromised of the lawyer’s spouse or a family member or friend, but we all know someone was cajoled into listening to us to test the perception of what we were trying to present at the real upcoming trial.
I once paid a lot of money to a trial psychologist to conduct a focus group. The psychologist prepared a narrative explanation of the facts and law and then presented the narrative along with a “verdict form” to forty people chosen to match as closely as possible in age and socio-economic status the anticipated jury pool for the case on which we were working. This particular case called for money damages. To assist in evaluating the damages, of the forty verdict forms, the psychologist discarded the two highest and the two lowest. I was surprised by the high amount of the average, which was presented to the defense attorney in written form and helped to settle the case. But what surprised me more and has continued to surprise me with every mock jury since, were the questions, observations or suggestions made by the focus group participants. The input is invaluable. Focus groups, mock jurors and actual jurors usually do not take the same path to resolve a case as the attorneys think they will.
A mock jury was consulted in a recent trial regarding a drunk trucker. We were of the opinion before questioning the mock jurors that anyone who worked in the trucking industry would not be a good juror for us. Just the opposite proved to be true. People who worked for the trucking companies knew the rules regarding trucking compliance and supervision. The were incensed the drunk trucker was on the road in the first place, knew he reflected badly on their occupation and would have awarded damages higher than other potential jurors that, before the mock jury experience, we wrongly assumed to be the ones we wanted. Focus groups and mock juries make you prepare; they make you practice the presentation of the case. Focus groups are indispensable. Costs permitting, mock juries are invaluable.
What is a Statute of Limitations?
Written by Law Offices Of Gary GreenIt is a deadline. The deadline after which it is too late to file suit.
Statutes of Limitation vary from jurisdiction to jurisdiction, for the type of case and for the age of the person making the claim. They can vary based upon whether the plaintiff is alive or deceased. They can vary depending upon who the defendant is. If a cause of action is to be pursued, it should be done quickly so as not to be precluded by the many Statutes of Limitation deadlines.
Recently, the following question was sent to me by e-mail: "Can I sue my husband while we’re still married?
Well, you can sue him for divorce. Beyond that spousal immunity might apply in tort actions. And some contracts entered during the marriage give way to what the divorce judge eventually dictates.
The Legal Effect of Writing "Paid in Full" on a Check
Written by Law Offices Of Gary GreenThe Legal Effect of Writing "Paid in Full" on a Check
Writing "paid in full"on a check will not necessarily discharge one from the debt. It is sometimes shown on national news media and television judge shows that if one writes "paid in full" on a check that person has established accord and satisfaction that binds the endorser and prevents the collection of any remaining amount owed upon the original agreement. If that was always true no one would owe money and no one would lend it!
One can settle debts for a lower amount than the full amount due, but that is only through mutual agreement between the two parties. The debtor cannot unilaterally make the decision to decrease the amount owed to the creditor. If you feel overwhelmed with debt you should call your creditors, immediately. A creditor may be willing to work out a payment plan or agree to accept a lower amount. A creditor is sometimes eager to get back some of the money rather than get nothing at all.
There is a point of law in the Uniform Commercial Code, section 3-311 that states that a debt can be discharged with a check that states "paid in full" if there is a dispute about the debt, the debtor (the person that owes money) is in good faith (honesty and fair commercial standards) and the creditor accepts payment. If the creditor accepts and deposits the check, the creditor and debtor entered into a transaction known as "accord and satisfaction." In order for the debtor to prove that there was accord and satisfaction, the debtor must show that the parties were in the process of offer and acceptance ("accord"), that this accord had been carried out ("a satisfaction") which is supported by legal consideration (something of value). This means that one cannot get out of a debt by trying to trick a creditor into taking a smaller payment.
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