Sentences with phrase «by opposing counsel in»

Not exact matches

For instance, we were once in a proceeding in which the judge made a ruling on evidence presented at trial by opposing counsel that was going to fundamentally change the outcome of the case.

Lively, with representation by Liberty Counsel (an evangelical legal organization), responded that in both the U.S. and Uganda he exercised constitutionally protected speech rights; that he opposes violence and neither committed nor plotted any; that Uganda did not in fact pass a proposed draconian anti-gay law, and that in any case Uganda's political institutions, instead of himself, are responsible for its political decisions; and that the court lacks jurisdiction and the plaintiffs lack standing.

Although I dispute his apparent view that recognized» as opposed to fanciful» norms of international law or codes of professional conduct would restrict actual practice under the regimen ridiculously called «enhanced interrogation,» as described in the Office of Legal Counsel memoranda profligately disclosed by the current administration, I have nothing against «conscientious reflection» on the issue and lively discussion of it.

The presiding judge, Justice Adeniyi Ademola in his ruling, dismissed the counter argument by the Prosecuting Counsel, opposing Dasuki's need for medical check - up outside the country.

Two in five Britons oppose the proposal by Conservative MP Nadine Dorries and Labour Frank Field MP that abortion counselling should be provided by... (Comments: 0)

The application was opposed by the prosecution counsel, Sylvanus Tahir, who argued that the request of the defence is unnecessary as the defendant (Metuh) is in court as a credible witness and can testify.

Two in five Britons oppose the proposal by Conservative MP Nadine Dorries and Labour Frank Field MP that abortion counselling should be provided by organisations other than those providing the abortions, our poll has found.

The filmmakers seem intent upon using every legal drama cliché in the book: the smarmy opposing counsel, the defence lawyer who has trouble reconciling if the person they're defending is truly guilty, and the heartfelt and powerful summation by both parties.

As a brief overview, the Management and Board have embarked upon a failed merger that garnered virtually no support from its shareholders, and was opposed by ISS, and continued on that path until the date of the special shareholders meeting and scheduled vote, spending lavishly in a failed effort to close it; attempted to implement substantial new options to itself, a plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad healthcare company experience supported by its shareholders; held many Board and Committee meetings with nothing to show for it; formed a new Strategic Transactions Committee that is highly paid but that has produced no deals for the shareholders to consider or for any outside valuation experts to formally review; spent lavishly on accountants, auditors and counsel; failed to successfully hire any outside professional negotiators and finally extinguish or remove the outstanding lease obligations; distributed no cash to the shareholders despite holding excess amounts; formed no special purpose entity to hold any royalty and milestone rights and payments for the benefit of its shareholders; and thus generally failed in its fiduciary duties to shareholders.

For example, on one occasion my discussions with opposing counsel was distorted in a signed declaration by the opposing counsel submitted to the Court in support of a motion that could have adversely affected the outcome of that case for my client.

In my career, I've been saved both at hearings by being able to produce emails that proved that opposing counsel was distorting the substance of conversations and by in the office being able to remind colleagues of conversations and agreed upon divisions of laboIn my career, I've been saved both at hearings by being able to produce emails that proved that opposing counsel was distorting the substance of conversations and by in the office being able to remind colleagues of conversations and agreed upon divisions of laboin the office being able to remind colleagues of conversations and agreed upon divisions of labor.

If you dabble here and there, you will constantly be hazed by opposing counsel — as you are constantly trying to establish your presence in an area of law.

By processing this enriched data, lawyers can draw conclusions about opposing counsel, judges, litigation parties, and contract drafts in order to reveal insights that were not previously knowable.

The nominations for Rising Stars are made by their peers who have personally observed in action — whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.

Legal analytics gives litigators an advantage over opposing counsel by providing data - driven insights into how judges, attorneys, and parties have behaved in similar cases in the past, and how they are likely to behave in similar cases in the future.

It was an informative gathering with lively roundtable discussions amongst peers on interesting e-discovery topics such as: judges ordering the use of predictive coding, indexing data by concepts, the practicality of co-operation and disclosure of predictive coding to opposing counsel, whether it's possible to conduct privilege reviews using predictive coding and even securing executive buy - in for «spring cleaning» data remediation projects.

A Virginia lawyer who ran afoul of discovery requirements in a major wrongful - death trial by allegedly encouraging a client to clean up his Facebook account has paid his $ 544,000 share of a $ 722,000 legal fee award to opposing counsel and seen an $ 8.5 million award to his client and other plaintiffs in the case upheld by the state supreme court.

The law is full of cars hiding in your blind spots, driven by opposing counsel.

I am reminded of the young lawyer who appeared in court for the first time, advising that opposing counsel had acted with a vexatious and abusive hand by submitting a factum a few minutes late.

In other words, a party may present a declinatory motion for absence of territorial jurisdiction by way of a letter or other note sent to opposing counsel.

«Lawyers who send documents in electronic form to opposing counsel have a duty to exercise reasonable care to ensure that metadata containing confidential information protected by the attorney client privilege and the work product doctrine is not disclosed during the transmission process.»

Business Week reports (via Law Blog) on a lawsuit filed May 7 in which Ohio lawyer John Masters says he was assaulted by his opposing counsel, Stephen Sferra, during labor negotiations between a bakery and its workers.

Where a litigant thereby understands the applicable Rules of Professional Conduct, and is instructed to recognize and document instances of unprofessional or vexatious conduct by opposing counsel, there should be clear cost consequences in court against the party shown to be engaging in such conduct, in addition to any reprimands or other disciplinary actions that might be instituted by the governing professional body.

Much of this «sharp lawyering» against unrepresented litigants goes unreported and uncommented on, and the reason is elementary: most unrepresented parties lack the legal sophistication and knowledge to understand that opposing counsel has treated them vexatiously, in a manner that would be in clear breach of the Rules of Professional Conduct if experienced by fellow Members of the Bar.

If opposing counsel refuses to do so, it would be hard for them to subsequently assert in court that they were prejudiced by your alleged «disregard» for court procedure.

Having no knowledge of the applicable Rules of Professional Conduct, the self - represented litigant is therefore prone to be bullied by opposing counsel, with no one around to articulate — much less to document — how a lawyer might be «gaming» the court's processes in order to take full advantage of a self - represented party's relative lack of legal sophistication.

In general, these codes of conduct require lawyers to treat opposing parties who are not represented by counsel politely and in the same courteous manner as they would treat a fellow lawyeIn general, these codes of conduct require lawyers to treat opposing parties who are not represented by counsel politely and in the same courteous manner as they would treat a fellow lawyein the same courteous manner as they would treat a fellow lawyer.

In a death penalty case, a lawyer calls him on a phone number provided by the court (which turns out to be the judge's cell phone) with the full knowledge and consent of opposing counsel, to discuss a scheduling matter.

At the same time, I do wonder whether a stand - offish manner to opposing counsel hurts a lawyer's client in the long run by making a prosecutor less likely to cooperate or exercise discretion to drop a case or reduce charges.

If the privilege is inapplicable or unclear, counsel should, initially, be aware that communications pertaining to their clients that were generated during the course of an internal investigation under the direction and supervision of in - house counsel, as opposed to locally licensed external counsel, may not be privileged and may be subject to discovery by authorities and third parties.73 Privilege protections may also not apply to documents and communications generated during internal investigations under the direction or supervision of an internal or external compliance or audit team.

These analytics will provide insights on the types of cases in which experts were retained, their appearances by jurisdiction and judge, the parties and attorneys that have retained them, and the top experts used by opposing counsel.

Lex Machina's app enables counsel to compare opposing counsel's previous cases by open and terminated cases, days elapsed to key events in the case, case resolutions and case results.

In the face of an overbroad discovery request by opposing counsel, you may need to make the argument that the requested documents are not reasonably accessible, in which case your organization may need to prove that your data policies are reasonablIn the face of an overbroad discovery request by opposing counsel, you may need to make the argument that the requested documents are not reasonably accessible, in which case your organization may need to prove that your data policies are reasonablin which case your organization may need to prove that your data policies are reasonable.

There is a greater likelihood of maintaining privilege protections in interviews conducted by outside counsel because they are more likely to be viewed by courts as conducting an investigation for the primary purpose of providing legal advice, as opposed to in - house counsel who often operate in a business capacity in their daily functions.

(1) In the interim period, Mr. Schwilgin had persisted in an erroneous appeal to the Divisional Court despite being told by opposing counsel that he was in the wrong courIn the interim period, Mr. Schwilgin had persisted in an erroneous appeal to the Divisional Court despite being told by opposing counsel that he was in the wrong courin an erroneous appeal to the Divisional Court despite being told by opposing counsel that he was in the wrong courin the wrong court;

This will eliminate the number of «undertakings» requested by opposing counsel and will assist in moving your matter along more quickly.

The moving party is required to confer by phone or in person with opposing counsel prior to filing a motion.

Instead, by building a hostile relationship between yourself and opposing counsel, you've only encouraged them to dig in their heels not just so they can get a good outcome for their client, but also because they want to make life difficult for you.

While certain Rule 48 claims can be repaired by speaking with opposing counsel or court staff, in larger centres (Toronto especially), repairs require a motion to set aside the dismissal and reinstate the action.

Yet the conditions for doing that work were complicated by XY's remarkably volatile personality — his temper was legend, and I later learned that one of XY's opposing counsel said that he used to feel growing stress as he flew into Calgary for meetings or discoveries in which XY would be involved.

There will inevitably be different strategies implemented for reviewing documents in preparation for production versus documents produced by opposing counsel, however the common thread is the need (a) to understand the scope of the review, (b) to put in place supervision and procedures for managing the reviewers and (c) to select the appropriate vendor, tools and platform for the review.

Another day may be spent drafting pleadings or going through discovery provided by opposing counsel together with New York City divorce lawyers in my firm.

For example, in a recent case the opposing counsel, who has a reputation for being very difficult, showed up to the pre-trial mediation and demanded settlement of three - times the state's applicable damage cap — by any measure an unreasonable demand.

Doing so not only avoids the host of ethical minefields presented when emailing with your clients and opposing counsel, but also allows you to be in full compliance with ABA Op. 477, and sidestep the security issues presented by email altogether.

The Committee adopted the position taken by the New York State Bar Association in 2015 in Ethics Op. 1076, concluding that lawyers should avoid doing so since a «client who receives an e-mail as a «bcc» may «reply all» and inadvertently communicate directly with opposing counsel.

Learned Senior Counsel submits that the allegations made by the respondent against arbitrator are totally frivolous and no such ground in any event available under section 48 of the Act while opposing enforcement of the foreign award.

In this case, companies wanting to do the best trial prep work, based on this metric, would be arguing that they can anticipate opposing counsel well by selecting documents of interest to them.

Help develop cases by preparing and forwarding summonses cum subpoenas, maintaining contact with people involved in cases; drafting complaints, scheduling depositions; preparing responses to opposing counsel, preparing and filing discovery requests as well as generating status reports

My resume will provide you with information on how I well I worked in a judicial setting by conducting depositions and preparing exhibits along with participating in negotiations with opposing counsels.

Men's issues need to be put before the court and recognized by their significant others, mothers, children, and opposing counsel, who are all part of the equation when involved in the family law system.