HH4Law: The Law Offices of Henry Harmeling IV, APC. San Diego, California

Entries in attorney (2)

Thursday

01Oct2009

More about ADR: Alternative Dispute Resolution

Thursday, October 1, 2009 at 1:56PM

Parties often take an “all or nothing” approach to dispute resolution, or resolving a law suit. By this, I mean that parties will give a mediation, settlement conference, or early neutral evaluation (“ENE”) one shot. Oftentimes this can be two hours or less. If the process fails, the parties trudge on with their dispute. New evidence comes out, more depositions are taken, and the case is again in position for resolution, but the parties assume they have already given alternative dispute resolution (“ADR”) a go. They thus miss a valuable opportunity to resolve a case short of trial.

As a mediator and litigator, I have noticed what often separates good mediators, settlement conference judges, and magistrates judges (who conduct ENE’s and Mandatory Settlement Conferences (“MSC’s”) in the federal court) is a willingness to follow through on a case and to keep a pulse on a case through the litigation process. I have worked with several magistrate judges in the United States District Court for the Southern District of California who are required to conduct an ENE within 60 days of the defendant’s answer. A case is often not ready to resolve at this early stage so the magistrate judge will order limited discovery on a particular issue, and will order the parties to return in a specified period of time. This keeps the litigation and the parties focused on the germane issues. Similarly, good mediators will often follow up in 30 or 60 days with a phone call or letter that lets the parties know that he/she is available if and when the parties want to return to the table.

If your mediator or judge is ineffective then it does not make sense to return to him/her in the context of attempting resolution. But if the issue in the first instance was timing then it makes all the sense in the world to return to the person who is familiar with the personalities, issues, and evidence of your case. I would stress that it is important to keep the lines of communication open, both among counsel and with your mediator or judge, so that you may return at some future date when the case is ripe for settlement.

[Your Name Here] |

Need a lawyer - but don't know where to start?

Tuesday, June 23, 2009 at 10:51AM

I need a lawyer!

You may be here right now because you are looking for a lawyer but you don’t know what type of lawyer you need. I can tell you first and foremost that you need an ethical lawyer who will look out for your needs above everything else. But many people are confused by the different areas of the law and what type of lawyer they need. Below is a brief primer on what to look for within each specialty or area.

1. Criminal Law

If you have been charged with an offense, whether it’s traffic or trafficking, you may need a criminal lawyer. There are lawyers who spend $1,000,000 per month (yes, $12,000,000 per year) advertising their practice. Obviously those lawyers are doing a volume business, often referred to as a “mill.” With a mill, you (the client) are a cog in a giant machine. You are not hiring a single individual for his or her expertise, but the structure of the mill to hopefully provide some value. Personally, I know a handful of top-notch criminal defense attorneys who work in smaller practices, charge less than the large firms, and provide you and your case with greater attention and greater results. In my experience, advertising dollars do not equal capability or results. I do not practice in the area of criminal law, but if you call I am happy to provide you with a list of referrals to lawyers I trust. It is important that you interview these lawyers to make sure your goals and styles are aligned.

2. Family Law

If you are going through a divorce, or have child custody or child support issues, then you need a lawyer who specializes in family law. To me, this is the single area of the law where referrals are most critical. The stereotype for family law lawyers is that they are masters at creating disputes, which is easy to do with the emotion inherent in the family law context. Emotion + litigation = $$$$. I abhor cases where only the lawyers win. If we are doing our jobs then we are acting in the best interests of our clients. And if we are the only ones profiting, then how can we be acting in the best interests of our clients? I do not practice in the area of family law, but if you call I am happy to provide you with a list of referrals to lawyers I trust. It is important that you interview these lawyers to make sure your goals and styles are aligned.

3. Civil Litigation

In a nutshell, civil litigation is the description of disputes involving money. This is a very broad and diverse area of the law, as it covers everything from PI (personal injury) to IP (intellectual property). As you might imagine, that leaves a broad range of areas and a varying degrees of technical knowledge and expertise required. I practice in the area of civil litigation and one of my greatest enjoyments in practicing is taking the principles that I have learned from my various areas of practice and transferring them to a new or different area of the law. I am currently focusing my efforts on insurance bad faith litigation, business litigation, public works construction, and internet piracy (copyright infringement and/or trademark infringement). If it is the right case, or comes in from the right source, I will occasionally take on a personal injury case or an employment litigation matter. As a sole practitioner, I have to be very selective in the cases I take. I consider myself very fortunate to have experience in a wide array of areas within the civil litigation field. If you have a question about a particular issue or matter, please call or email and if I cannot help you I will do everything I can to refer you to someone who can help.

4. Wills & Trusts

I have a complex litigation matter concluding right now where I represent the plaintiff and there are settlement agreements with multiple defendants that could require my client to repay some of the settlement proceeds to one or more of the defendants. I am in the position of defending the settlement or, as I like to say, keeping the rats away from the cheese. Similarly, a good lawyer in the field of wills and trusts will keep the rats (the taxman) away from the cheese (your money). I do not practice in the area of family law, but if you call I am happy to provide you with a referral to a lawyer I trust. It is important that you interview this lawyers to make sure your goals and styles are aligned.

5. Other

If there is another issue you have that does not seem to fit squarely into one of these boxes, please feel free to give me a call and I’ll see if I can point you in the right direction.

[Your Name Here] |