steps to preserve all relevant evidence — especially documents and written communications such as reports and emails. Te easiest way to ensure this is to gather everything that might possibly be relevant, and send it all to us at AACRMF at the beginning of the case. If you give us everything up front, you will only have to do this exercise once. We also need accurate contact information for individual defendants we will repre- sent in the case. In certain types of cases, we will send written questions to those individual defendants so we can get their side of the story and gather personal contact information for them, so we can stay in touch throughout the case as needed. Please respond to those requests from your lawyers, and en- courage your employees to do so as well. We need to learn everything we can about your case in the beginning, so we can develop the best strategy for your defense throughout the case. Tird, always remember that we are on the same team and
we share the same goal — to win the case if possible and do it as quickly and painlessly as possible. If I leave you a voicemail or send you an email or leave a message with your spouse or mother or roommate asking you to give me a call, please re- spond. Tis means I’m working on your case, working for you. It usually means I have a simple question that will be easy for you to answer, or I’ve prepared a draft affidavit of your testi-
mony that I’d like to review with you for accuracy. I promise I will not call to lecture you or threaten you or anything else terrible. I am your lawyer, which means I work for you and I represent your interests in court.
When things go right, which happens the majority of the time, we are able to work with you in defense of litigation to play offense instead of defense, even though you are a “defen- dant.” We play offense by filing a summary-judgment motion at the proper time in the case. Tis is where we present your evidence, make your best legal arguments, and ask the court to enter judgment in your favor and dismiss the lawsuit without a trial. We start thinking about your summary-judgment mo- tion at the beginning of the case. Sometimes, I start drafting the legal brief the moment the case is assigned to me, even though it may be a year before it’s time to file the motion. All we need from you is help with the steps described above. If the facts and the law are right, as they often are, and we have what we need from you, as we usually do, we will be able to file a winning motion on your behalf. Tat is how you win your case before trial. And that is how we keep Franz Kafka firmly in the realm of dystopian fiction, where he belongs.
COUNTY LINES, SPRING 2020
23
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48
