Author: Paul Richardson

Is Mediation Right for You and Your Georgia Case?

Mediation is one type of alternative dispute resolution (ADR) that is available to parties in a legal dispute. Essentially, mediation is a negotiation of the matter facilitated by a third-party neutral that is also an attorney but not involved in the case outside of mediation. Unlike arbitration, which is a method of ADR that is similar to trial, mediation does not involve any decision making by the mediator. Instead, he or she helps the parties come to a reasonable agreement on the matter. ADR procedures can be initiated by the parties involved in the case or, alternatively, may be compelled by the courts, legislation or the terms of the contract in dispute.

 

Why Mediate Your Case?

Mediation is typically a voluntary process that is used when opposing parties of a case cannot (or will not) resolve the dispute. Mediation is generally a short-term, structured, and hands-on process to try to amicably resolve the dispute.

The process of mediation is often considered faster, less expensive, and procedurally simpler than formal litigation. Mediation gives the parties the opportunity to focus on the underlying factors of the case at hand, including what caused the dispute, rather than just the legal issues. Mediation does not focus on fault or the facts. Rather, the focus of mediation is to figure out how to resolve the issue. For this reason, a party seeking vindication or a determination of liability will not be satisfied with the process. A party that is hopeful in resolving the matter and moving on can greatly benefit from mediation.

 

Things to Consider

 There are several things that need to be considered if you are engaging in mediation on behalf of your client:

  • Prepare Your Legal Strategy: Remember that during mediation you are not speaking to the neutral but, rather, to the other side. Be prepared to present your case in a forceful yet respectful manner as well as to respond to objections and questions about the case. Ensure all key points are included in your opening statement;
  • Make Sure All Parties With Authority are Present: It can be extremely frustrating and inefficient to conduct mediation to only discover a key person vital to settlement is not present. Key people include attorneys for both parties, the clients themselves, and a representative of any liable company that has adequate authority to settle all claims and interests;
  • Keep a Positive Attitude: Do not be self-defeating but, rather, have a studied judgment as to a reasonable range of settlement values based on the facts and law applicable to the case. Remember, your aim is to get the best possible result for your client which sometimes, but not always, may mean settling the matter;
  • Allow for More Time than You Think You Need: The attorneys involved should not have to leave mediation early due to another commitment. The rule of thumb is for counsel to set aside the entirety of the day for more serious cases. Counsel and mediator should stay as long as necessary to reach a full agreement;
  • Address All Present and Future Issues in the Agreement: If and when you do reach a settlement, make sure the agreement, which may already be pre-drafted by one side, addresses all of your clients issues. These should include present and future ones that may directly or indirectly be affected by the settlement at hand.

 

Contact a Skilled Attorney

 If you or someone you know is in a legal dispute or is about to get involved in one, contact a skilled attorney to handle your matter. If you are interested in alternative dispute resolution methods, consider mediation with an attorney and find a knowledgeable mediator in your area.

How to Avoid Ethical Issues When Using Social Media

It is likely that you, along with thousands of other legal professionals, are using social media sites such as LinkedIn, Twitter, Facebook and/or Google+ to expand your professional presence in the digital world. If so, it is important to consider how ethics rules apply to attorneys’ online activities. Some ethical rules that apply to your use of social media may be surprising. For this reason, below are some tips for lawyers, experienced and new to the practice alike, on how to avoid ethical lapses when using social media as a legal professional, in accordance with the American Bar Association’s Model Rules of Professional Conduct (RPC).

 

Tips to Know

  • Profiles and Posts can be Legal Advertising: In many jurisdictions across the nation, attorney and law firm websites are deemed advertisements and by extension so are social media profiles;
  • Avoid False or Misleading Statements: Because the rules prohibit false or misleading statements apply to lawyer websites the same obligation extends to social media websites. Issues to look out for include the platform branding an attorney as an “expert,” “specialist,” or having legal “specialities” or “expertise”;
  • Stay Away from Prohibited Solicitations: Not all states’ ethical rules acknowledge the limited exceptions that allow lawyers solicitations of offering to provide legal services. Unintended solicitations may occur through automated friend requests or invitations on social media;
  • Privileged or Confidential Information: There is a potential risk for lawyers to disclose (inadvertently or otherwise) this type of information, including the identities of former clients. Remember, the duty to protect extends to current, former, and prospective clients;
  • Friending Judges May Not be OK: Real-world professional and personal relationships are subject to ethical constraints and restrictions depend on the jurisdiction of the governing ethical body;
  • Do Not Communicate with Represented Parties: This basic and bright-line rule that forbids an attorney to communicate with someone who is represented without first obtaining consent from their counsel also applies to all social media communications (although not merely viewing posted content);
  • Be Careful When Communicating with the Unrepresented: In the social media context, the rules prohibiting such communication requires lawyers to be cautious in online interactions, although publicly viewable social media content is generally fair game;
  • Inadvertently Creating Attorney-Client Relationships: This type of relationship may be formed through electronic communications including those through social media and can trigger ethical obligations under the rules. For this reason, make sure to use clear and appropriate disclaimers;
  • Unauthorized Practice Violations: A public social media post knows no geographical boundaries. Therefore, be sure that if you decide to interact with non-lawyer social media users you understand you may be bound to multiple jurisdictions’ ethical rules;
  • Watch Testimonials, Ratings, and Endorsements: Social media platforms often use general functions that do not take into account the nuances of ethical rules in different jurisdictions. Make sure these comply with the rules and, if not, remove the content from your social media platforms.

 

Stay in the Know

Despite risks that may be associated with social media platforms for legal professionals using them, the opportunities presented justify the effort to make sure you are in compliance. Learn how to use the technology ethically and you will likely increase your ability to successfully represent your clients.

Amanda’s Legal Apps of the Week

Amanda’s App Pick of the Week continues this week to overcome those challenging days with some apps that help manage your work and social life.

 

Timeline 3D allows you to create a presentation using a timeline layout. This fun app features a variety of tools, which includes 3D features, the ability to add movies/videos, and the option to feature notes or links.

Additionally, Timeline 3D allows an user to print their timeline on a single page and can be converted into a PDF, Power Point, and KeyNote in order to share with anyone.

Timeline 3D  is available to download for all iOS products.

 

Notable Decisions from the United State’s Supreme Court’s 2016-17 Term

The United States Supreme Court (SCOTUS) rendered some important decisions during its 2016-2017 term. Below is a brief summary of a few decisions, according to the Los Angeles Times, that are impactful for both legal practitioners and the average person who does not practice law.

 

SCOTUS Decisions

 State Grants and Church Schools: SCOTUS ruled in Trinity Lutheran v. Comer that a state’s refusal to send tax-funded grant money to a church-run preschool wanting to rubberize its playground was a violation of the First Amendment and its protection of the free exercise of religion.

Immigration and Presidential Power: The court ruled that a part of the Trump administration’s executive order suspending for 90 days the entry of foreign visitors and refugees of six Muslim-majority nations was allowable. Overturning the lower court’s entire halt of the travel ban, the SCOTUS held that the ban could not be enforced against foreign nationals who had a credible claim of a bona fide relationship with a person or entity in the U.S.

Birth Certificates and Same-Sex Couples: Part of an Arkansas law that granted opposite-sex couples, but not same-sex couples, the right to include a spouse’s name on a child’s birth certificate – even in the event of artificial insemination – was struck down. The court found the differing treatment in the case, Pavan v. Smith, violated the equal rights protections of same-sex couples.

High-Level Officials and Constitutional Violations: The SCOTUS threw out a damages suit, Ziglar v. Abbasi, filed against high-level officials for allegedly ordering a roundup of Muslim immigrants in New York after the September 11 attacks. Because they were not authorized by Congress, the justices found, the damages claims could not proceed.

Free Speech and Trademarks: A federal law prohibiting the government from registering trademarks that may disparage groups or people was struck down in Matal v. Tam. A unanimous SCOTUS ruling will likely help other organizations that have been facing pressure to change their name.

Sex Offenders and Social Media: An unusual North Carolina law making it a crime for a registered sex offender to post a message on any website that may be used by minors – including Twitter and Facebook – was struck down as too broad. In Packingham v. North Carolina, the defendant was charged by the state of North Carolina for posting the phrase “God is good” on his Facebook page.

Race and Redistricting: North Carolina was once again ruled against in Cooper v. Harris when the SCOTUS held the state engaged in unconstitutional gerrymandering when it moved tens of thousands of black voters into two congressional districts that already had elected African-American Democrats. The gerrymandering violated the equal protection clause of the constitution.

 

Stay in the Know

It is important for all of us to keep up with the changing laws across the country. For more information on these important decisions and others by the SCOTUS, click here