Litigation FAQ’S

FAQ’s: Deposition Do’s and Dont’s

How to Prepare for & Give A Great Deposition  Understand the deposition process Understand the lawyer’s objectives Always tell the truth The best answers, if truthful are: “Yes” “No” “I don’t know” “I don’t remember” Listen to the question, pause, & think before you answer Do not answer a question unless you clearly understand the […]

FAQ’s Depositions – My Approach

Depositions are one of the most critical aspect of any complex litigation. It’s an opportunity to get answers, even if the answers are not always in line with your assumptions. I look to depositions as a form of negotiations: constantly digging deeper to understand the witness his/her motivations, grievances, perceptions, and facts. I’m always advocating […]

FAQs: The Preliminary Conference

Litigation in New York courts is governed by rules set forth in the New York Civil Practice Law & Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. The Preliminary Conference (“PC”) is the first conference in the case (hence “preliminary”) and the first time the case has deadlines that are imposed by the Court […]

My 7 Step Process for Debt Collection

Step 1: The key to all debt collection matters is sufficient and proper documentation. So, first step is making sure you have a complete file. Take a look at this post which sets forth the types of evidence you should have in your file for a breach of contract claim, unjust enrichment claim, or account […]

FAQ’s: Everything You Need to Know About Motions.

What is a Motion? Motions. A motion is an application/request to the Court to do something. For example, a motion to dismiss is asking the Court to dismiss certain causes of action because they have no legal or factual merit. For example, a motion for summary judgment is asking the Court to render a judgment […]

FAQ’s: The Litigation Process

LITIGATION PROCESS EXPLAINED Note: this is for educational purposes only Commencement and Pleadings. Generally, a lawsuit is commenced by filing and serving a Summons and Complaint. The Defendant must serve an Answer within 20 days if served personally or 30 days if served by any other means. Discovery Process. Discovery is the process of investigating […]

FAQ’s: Avoiding Personal Liability in a Lawsuit

PIERCING THE CORPORATE VEIL The corporate veil: the legal concept that separates an individual from the business he or she owns providing that business owner with the benefit of limited liability. It’s that mystical legal wall that stands between the business owner and third parties, protecting the business owner from being held personally liable in […]