Lawyers cannot represent any client that wants to retain them. Among other reasons, lawyers have a duty to their clients to avoid conflicts of interest. One way that lawyers can enforce this duty is by asking the court to disqualify
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Fact witnesses at trial can only testify about facts they know from their own personal knowledge. But sometimes, a party needs to introduce evidence about general practices and customs in an industry, or about some fact that requires an opinion
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Although I am a lawyer in the United States, I studied law for a semester at the University of Copenhagen. It was an incredible experience that allowed me to see different approaches to legal and societal questions. I also
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Image credit: https://en.wikipedia.org/wiki/Inspiration4#/media/File:Inspiration4_Launch_(210915-F-CG053-1003).jpgPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions.Seller Retains Burden in Establishing Account Stated ClaimIn New York,
Continue Reading Comments on Recent Cases: September 2021
Some people wait a long time before approaching a lawyer with a potential case. When something terrible happens, a long, expensive, exhausting process may not be a person’t priority. But when people do come to a lawyer, no matter how
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Many legal systems, including America’s, trace their roots to the English courts. And while American law students study English judicial opinions, litigation in England and Wales differs from their counterparts around the world.To help share details about litigation in England
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A large part of an attorney’s job gathering the evidence in a commercial dispute is reviewing documents that are produced in discovery. But that’s not necessarily the only source of evidence. Often attorneys perform and commission their own investigations, looking
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Image credit: https://commons.wikimedia.org/wiki/File:Henri_2021-08-17_1200Z.pngPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions.Trial Court Refuses to Recognize Parties’ Agreed Change to Trial
Continue Reading Comments on Recent Cases: August 2021
Ever since I studied French in elementary school, I have been fascinated by French culture. My interest led me to travel to Paris every year to meet with French lawyers and learn about their work.In many ways, the French legal
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In an earlier post, I described the process of responding to written questions, called interrogatories, posed by an adversary. Although this process may sound duplicative of depositions at first, interrogatories play a distinct and important role in commercial disputes.
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