“You’ve got to know when to hold em, know when to fold em” Kenny Rogers For most people, risk is a four-letter word. It’s something lawyers deal with every day. You’re paid to minimize, evaluate, and know when risk is worth taking. When you draft a contract, your client expects you to anticipate issues before … Read More

We often hear the phrase “He just needs his day in Court.” This phrase can mean any number of things, but I think it often means a person really needs the opportunity to be heard. Sometimes a person just needs a third party to hear both sides of an issue and help find the resolution. … Read More

Justice Potter Stewart is the author of a quote we’ve probably all heard. Wrestling to define what constituted pornography, he said, “I know it when I see it.” The same thing might be said for bad negotiating tactics. Sadly, we’ve all had front row seats to recent negotiations conducted so poorly, they’re likely one day … Read More

In one of my very first columns for this blog, I advised my readers that persistence wins in mediation. While I stand by that advice, there is another kind of persistence that absolutely, positively doesn’t win in mediation — the kind referred-to in this post’s title. Beating a dead horse: What a descriptive phrase, when … Read More

If you’re an Alabama football fan (or, for that matter, a Bama hater), there’s a good chance you’ve heard Nick Saban talk about “the process” — the term he uses in describing his approach to building championship-caliber football players and teams. Despite recent evidence to the contrary 🙁, that process has served his program very … Read More

If I’m being honest, I cringe every time I conduct a mediation where the defendant’s party representative participates by telephone, or not at all. Unfortunately, I see this happening more and more often. Having said this, I can think of several plausible reasons why client representatives wouldn’t attend a mediation — including The representative is … Read More

I recently bought an amazing 2-CD release by sports psychologist Kevin Elko entitled Win On Purpose. A longtime consultant to Nick Saban and numerous other college and professional football coaches, Elko is renowned for his success in teaching and motivating athletes to reach their highest potential. Elko’s presentation inspired me to consider how litigators in … Read More

Many of the lawyers reading this use letterhead that identifies them as “counselor.” Though the term as used by lawyers may not be identical to the way it’s intended in the counseling community, I find it fascinating how many of us in the profession hold ourselves out to be counselors. When I think of a … Read More