Category: The Craft of Lawyering

Alternative Dispute Resolution Negotiation The Craft of Lawyering

Do The Facts Or The Law Still Matter In Mediation?

[This originally appeared in the Los Angeles Daily Journal.] I was recently vetting some potential mediators with a colleague whose opinion I generally respect. In response to one of his proposals, I said, “yeah,…

November 13, 2014
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Discovery Evidence The Craft of Lawyering

The Inelegant Art of Scorched Earth Discovery

[This article was previously published in the November 2, 2014 issue of California Litigation] “Believe it or not, the composition and layout of some of my images fall precisely . . . within the…

September 2, 2014
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Developing Clients Solo Law Practice The Business of Practicing Law The Craft of Lawyering When You Are Sued

Appreciating Why Our Clients Appreciate Transparency

Not only does transparency reduce the frequency of unpaid legal bills, it instills confidence. Long-term clients generally prefer to play the role of partner, rather than purely customer, and transparency fosters feelings of inclusion…

July 17, 2014
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Solo Law Practice The Business of Practicing Law The Craft of Lawyering

My Newfound Obsession With Process

As the launch date for my solo practice approaches, I find myself obsessed in a way I never was before in my law practice about the subject of process. I have developed the belief…

February 15, 2014
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Alternative Dispute Resolution Negotiation The Craft of Lawyering

Learn To Negotiate Like A Transactional Lawyer

I recently had lunch with  Mark Fingerman, a Los Angeles lawyer who has successfully transitioned from being a litigator to a full-time mediator. As I often do, when I get an opportunity to talk shop with…

January 27, 2014
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