A transactional lawyer negotiates deals and drafts transactional documents, like business contracts, real estate purchase agreements, leases, and operating agreements for limited liability companies. Some lawyers only do transactions, while others only do litigation. There are some of us who do both transactions and litigation–we are probably in the minority.
When assisting a client in a transaction, a lawyer first needs to be a good listener so that Continue reading
What is litigation, and what is a litigator? Basically, everything that takes place once a case is filed in court, up through and including trial, is called “litigation.” If the case isn’t a criminal prosecution, then the case is called “civil” litigation. A lawyer who can engage in litigation is called a “litigator.”
When one party sues another, the litigation officially starts. The plaintiff files and serves a complaint, in which the plaintiff describes the dispute and Continue reading
Lots of lawyers can “litigate” a case, which basically means 1) investigating and filing a lawsuit, 2) engaging in discovery before trial, and 3) dealing with the myriad of motions that arise during the course of a case, such as motions to dismiss (called demurrers in California state court), discovery motions, and motions for summary judgment. However, not many lawyers have actually gone the further step of putting a case on for trial. Continue reading
A lawyer needs to be your advisor. Even in a simple transaction or consultation, a lawyer should be sharing with you his or her viewpoint and analysis. A good lawyer is trained “to think like a lawyer,” plus have expertise in the area for which you hired him. Continue reading
The devil is in the details, as they say. Here are some of the important things you should consider when hiring a lawyer, or making sure you already have the right lawyer.
❏ Law School Education. Qualities of law schools vary extensively. Lawyers attending law schools ranked in the top 20 of the nation may Continue reading