What Lawsuits and Disneyland Have In Common: The Emotional Costs of a Lawsuit

Whether you came to the decision to look for an attorney because you’ve been served with a lawsuit and have no choice but to defend yourself, or if you have reached an impasse in a dispute and have no choice but to say “see you in court,” what happens after this point is likely a mystery for you. If that’s the case, this is what a lawsuit looks like. But there’s also an emotional part of a lawsuit. Therefore, in addition to the obvious considerations of finding a capable attorney that you like and trust and the financial costs, you should also prepare for the emotional costs of a lawsuit. Since Disneyland’s just up the freeway, I’ll liken it to a day at Disneyland. It’s a Long Process If you’re traveling into town specifically to visit Disneyland with the kids, you expect to get there when the park opens, stay for the parade and fireworks, and even until the park closes. You may expect to do that for 3 days in a row. Why? The Lines are Long If Disneyland … Continue reading

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Trial Preparation – Anatomy of a Lawsuit Part VIII

This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your specific state’s judicial branch. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. To recap, we’ve discussed some considerations before filing a lawsuit such as What is the Deadline to File a Lawsuit and Where to File a Lawsuit. We’ve also discussed How to File a Lawsuit, Responding to a Lawsuit, Discovery, and Mediation. Here’s a visual representation of what a lawsuit looks like. This article focuses on the phase within the blue circle. Although the above flow chart depicts trial preparation as a distinctive step before trial, in reality, your attorney is preparing for the trial from the minute s/he meets with you for a consultation. Trial considerations such as jury appeal, your credibility and the credibility of other witnesses, and the evidence available will influence whether an attorney accepts the case and what theories to pursue. Once a lawsuit is filed, each stage in the litigation is meant to prepare for trial: i.e., pleadings, motions, … Continue reading

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Have a Legal Issue? 3 Reasons Why You Shouldn’t Wait Until the Last Minute

This is an ostrich with its head up, looking out into the horizon, rather than burying its head in the sand (although that’s just an optical illusion and they don’t really do that but you get the point). If you are served with a lawsuit or receive a letter from a lawyer or government entity, you want to be this ostrich and deal with issue head-on. I can understand the appeal of waiting as long as possible, whether it’s economics, time, or the philosophy that “ignorance is bliss.” But a legal issue is like cancer, the longer you wait to see a doctor, the worse the problem gets. Here are 3 reasons why you should consult with an attorney sooner rather than later: Litigation deadlines are important. This is one of the areas in life where deadlines are taken seriously. Most judges aren’t like that professor you had in college who deducts half a grade or so if you turn in a late paper. Judges have no problem saying #SorryNotSorry when you miss a big deadline.  This means that missing a … Continue reading

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10 Business Events that Should Trigger a Call to Your Lawyer

As an owner of a small business, I understand the external demands faced by small and medium-sized business owners.  Sometimes we think we can do it all . . . until we realize that we can’t.  At some point, a business owner wonders “when should I contact a lawyer?”  Unfortunately, many businesses wait until a problem that would have cost a few hundred dollars to fix turns into a $10,000 problem before finding a lawyer. Here is a list of when to call a lawyer for a quick consultation. As Desiderius Erasmus said, “prevention is better than cure.”  This is not an exhaustive list and the prevention is not absolute ,but at the very least, it will minimize your potential risks.  1.  Before hiring your first employee The Prevention: Violations of federal and California anti-discrimination laws; Misclassification of exempt and non-exempt employees; Violations of the Fair Credit Reporting Act and California laws on backgrounds checks and consumer reports; and Violations of federal and California employment laws on overtime pay, meal and rest breaks, and pay stub violations. 2.  Before firing an employee … Continue reading

In: California Civil Litigation, California Leave Law, Employment Law, Hiring a Lawyer | Leave a comment

Cultural Awareness In Business Is Vital to Your Success

Last year, I helped another attorney with a case and attended a client meeting with him. We waited for the client in the conference room with 3 other people. When the client arrived, he apologized from being late in a thick Russian accent and proceeded to shake everyone’s hand . . . except mine. I wasn’t imagining it. He shook hands with the lawyer to my right, skipped me, shook hands with the man to my left, the man next to him, and the man next to him. So I stuck my hand out and introduced myself. You bet that my head was half in the meeting and half mulling over whether this meant that he would dismiss everything I said in that meeting. He was paying me for my advice so ignoring me only hurts him. After the 2 hour-long meeting, I went straight to Google and typed: “women handshake in Russian culture” and found an article in The Moscow Times that said: “In Russia, I have learned not to shake hands with women unless she offers her hand first. … Continue reading

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