Breach of Contract

[pornlaw]

Originally Posted by Electra

I hear what you are saying..and thank you for your advice.

So if we aren't going to enforce contracts whats the point of having people sign them?
Does it mean that a contract is worthless in this business since the people signing them
know they will probably not be enforced? Seems if you try to do things the right way you still get screwed.

I am not saying dont enforce your rights, I am just saying try to avoid litigation. Try mediation first. Many of my cases settle in mediation. Having a retired judge mediate early on is always better than full blown litigation.

If the other party is not willing to be reasonable, then you will have a choice to make... and its a financial/business decision. Cost of litigation vs. potential recovery less attorney fees less emotional anguish. If after that analysis it appears that the recovery outweighs the cost, then you litigate as though you were involved in a war.

The way I approach litigation is just that. It is a war. Battles will be won and battles will be lost. Sometimes you turn and not fight certain issues based upon the availability of resources. Other times when your position is strong and the opponent is weak, you bring all your guns to bear on them and do not let up. Sometimes you use attrition to win long drawn out battles. But you need resources to entire into this war.

I had a client today tell me they wanted to file suit. And in the same email they told me their health was not the best. I declined at this time to file and will wait until they are better.

As a litigator I use different offensive and defensive "plays." Sometimes its a misdirection other times its a reverse. Always I refer to "The Art of War" by Sun Tzu and live by the creed of never understimating your opponent.

If your attorney is a litigator and hasnt read and reread "The Art of War" find a new one.

[Electra]

Originally Posted by pornlaw

I am not saying dont enforce your rights, I am just saying try to avoid litigation. Try mediation first. Many of my cases settle in mediation. Having a retired judge mediate early on is always better than full blown litigation.

If the other party is not willing to be reasonable, then you will have a choice to make... and its a financial/business decision. Cost of litigation vs. potential recovery less attorney fees less emotional anguish. If after that analysis it appears that the recovery outweighs the cost, then you litigate as though you were involved in a war.

The way I approach litigation is just that. It is a war. Battles will be won and battles will be lost. Sometimes you turn and not fight certain issues based upon the availability of resources. Other times when your position is strong and the opponent is weak, you bring all your guns to bear on them and do not let up. Sometimes you use attrition to win long drawn out battles. But you need resources to entire into this war.

I had a client today tell me they wanted to file suit. And in the same email they told me their health was not the best. I declined at this time to file and will wait until they are better.

As a litigator I use different offensive and defensive "plays." Sometimes its a misdirection other times its a reverse. Always I refer to "The Art of War" by Sun Tzu and live by the creed of never understimating your opponent.

If your attorney is a litigator and hasnt read and reread "The Art of War" find a new one.

I understand, and I appreciate the advice. I'm weighing my options very carefully at this point. You're not going to be billing me for this are you ? lol

[pornlaw]

Originally Posted by Electra

I understand, and I appreciate the advice. I'm weighing my options very carefully at this point. You're not going to be billing me for this are you ? lol

Oprano fills my pro bono quota for the month....