Avoiding hiring entanglements

“Binders full of women.” Governor Mitt Romney’s gaffe during the second 2012 presidential debate has become an internet sensation. While attempting to send the message that he was supportive of women in the workplace, Governor Romney’s choice of words may have sent the opposite message. President Obama has also made gaffes. When responding to a question about his bowling prowess, … Read More

Signing your freedom away

“Just sign here,” my 9-year-old daughter said to her two younger siblings. Her younger brother and sister did not think twice before signing. My 9 year-old was quite pleased with the deal she struck. She now had exclusive access to the optimally located desk while her younger brother and sister were relegated to sharing the older table in the corner … Read More

Using a business lawyer without gagging

Barf. My eight your old daughter hates everything about it. The smell, the sound, and the consistency cause her great discomfort. Just the thought of it causes her to tremble and brings tears to her eyes. Many feel the same way about lawyers as my daughter feels about barf. While I have never had anyone dry heave at the mere … Read More

A handshake away from litigation

There is something noble and virtuous about the handshake. Despite all its righteous might and morality, the handshake is a business person’s worst nightmare. Handshake deals are a litigator’s dream. Too many sound business professionals live by the practice of consummating deals with nothing more than a handshake. While many contracts do not have to be in writing to be … Read More

Mediation – Not always the right answer

When they are not in the backyard competing in potato sack races a la the Brady Bunch, my three kids fight with each other. When a dispute arises there are various methods by which the disputes get worked out. Kid 1 tends to get her way more than Kid 2 and Kid 3. Notwithstanding, Kid 1 would swear an oath … Read More

Personal Representatives, Family Feuds

“It’s time to play the Feud!” If that phrase does not conjure up some type of emotional reaction out of you, then you probably have not turned a TV on in many years (or you’re dead inside). The game show Family Feud has been gracing the television air waves since 1976. It is mildly surprising that a show which pits … Read More

Are fireworks immune to the legal system?

As far as family traditions go, I imagine “crowd avoidance” is not at the top of most people’s list. In my family “crowd avoidance” is about as American as apple pie. Growing up, almost every Fourth of July was spent camping at Lake Jubilee in the Blue Mountains of Oregon. With only 52 total campsites, our objective of “crowd avoidance” … Read More

Lie or lose or lie and lose?

Jonny Marray was trying to become the first British man to win a Wimbledon doubles title since 1936. He and his partner were unseeded and the most they had previously won at a competition was $800. Yet, there they were in the 2012 Wimbledon men’s doubles finals. They were tied at one set apiece and in a tiebreaker for the … Read More

The benefits of courtroom trials

Last Friday, my client sat next to me, hyperventilating. The jury had returned with its verdict and the judge’s clerk was reading it. A three-year process had just culminated with a jury trial . . . His palms are sweaty, knees weak, arms are heavy There’s vomit on his sweater already, mom’s spaghetti He’s nervous, but on the surface he … Read More

Appeals – Is the case ever really over?

The ball was in the air, less than 30 seconds to go, and it was fourth and 12. BYU quarterback Riley Nelson had thrown up a prayer to his favorite wide receiver Cody Hoffman. The game was over for all practical purposes. Hoffman caught the ball for a 47 yard completion good enough for first down at the Utah 34 … Read More