Jeffer Mangels Butler & Mitchell LLP’s Post

Litigating in CA state court now requires compliance with initial disclosure reqs when a demand is served. CA’s initial disclosure reqs are far more expansive than FRCP 26a. Ron Best and I explore some of the tricky issues the CA initial disclosure law presents for parties and counsel. #eDiscovery

As the number of group litigation cases/class actions continue to rise in England and Wales, the procedural mechanisms by which such claims are brought remain topical and are increasingly being scrutinised by the courts as the law continues to develop and adapt at pace. Read the full article: https://lnkd.in/gWv5-NHt This article was authored by Laura Norris and Martin Ward. Chris Busby Jennifer Miles Deborah Polden #ClassActions

“Incivility between counsel is sand in the gears.” Litigation by its very nature is contentous, and it is the duty of the court to referee those arguments… Not the pettiness that occurs between counsel, BUT they still must supervise those hostilities when they occur—and as a result, justice is slowed. As an appendix to my, “Get to the point” post yesterday: https://lnkd.in/ezu4ECX6 Something else that wastes the courts time is incivility between counsel. I see it in briefs and court recordings quite a bit where incivility turns into arguments that do not move those cases along. This is another thing that makes litigation even slower, and as result it’s harmful to the court, and both parties. The judge does not want to baby sit, and your clients want a verdict. There are many things you can do to help yourself get to the point for the court. Being civil is just one of those things. It’s something that feels silly to repeat, but important to remember… and encapsulated perfectly by the passage of text I've included below.

Breaking News: Oral Contingency Fee Agreement Deemed Unenforceable by NJ Appellate Division The New Jersey Appellate Division has ruled that an oral contingency fee agreement between an attorney and his best friend is unenforceable under Rule of Professional Conduct 1.5(c). This decision underscores the critical importance of having written fee agreements to prevent misunderstandings and ensure enforceability. In the case of Platt Law Group v. Tricolli, the court sided with the former clients, who were represented by an attorney in a lawsuit against Shamrock Moving and Storage. Despite winning a judgment, the clients never collected their award due to Shamrock's cessation of operations. The law firm, unable to provide a written fee agreement, sought to recover fees based on quantum meruit, which the court ultimately denied. This case highlights the risks attorneys face when relying on verbal agreements and reinforces the necessity for documented arrangements to protect both parties. As the court aptly noted, the situation was unfortunate for both plaintiff and defendants, who suffered damages due to the lack of a clear, written agreement. For more details, read the full article https://lnkd.in/euXS85qn #LawNews #LegalUpdate #FeeAgreements #LegalPractice #NewJerseyLaw

Can a party impose interest on Damages? Interest, whether it's statutory or contractual usually represents the profit that the aggrieved party have made if the contract was not breached. In the context of contractual breaches, grant of interests depends upon the terms of agreement. Section 34 of Civil Procedure Code, 1908 gives power to the Court to exercise discretion for granting interest on damages. A Court may grant interest from the date of filing of suit till the realisation of amount of damages. #contractdrafting #contractnegotiation #lawyer #lawfirm #linkedinlearning #linkedincommunity .

When is a contract formed? What terms does the contract include? These questions can be legally and factually complex, and they are often the subject of court cases. In this upcoming webinar, Kate Ahnfeldt (Lawyer) will discuss what is a contract at law and the dangers of not updating your Letter of Intent into a formalised agreement. Register with the link below today. https://lnkd.in/gVujiFHF

Have we handled your case in the past? Whether it was under the NG Law name or when we were known as Guy Glenn Law, we want to hear from you! https://bit.ly/454Pso1 #testimonials #clientsuccess #YourStoryMatters

Have we handled your case in the past? Whether it was under the NG Law name or when we were known as Guy Glenn Law, we want to hear from you! https://bit.ly/454Pso1 #testimonials #clientsuccess #YourStoryMatters

Is your law firm ready to tackle mass tort cases? Knowing the right factors to consider makes all the difference in this challenging yet rewarding space. Check out our list of 7 essential considerations: https://hubs.li/Q02LYb-P0 #BroughtonPartners #EthicalAdvertising #LegalMarketing #MassTort