Will Newman Litigator
Will Newman is a commercial litigation attorney at Fleischman Bonner & Rocco LLP. He represents clients in disputes involving contracts, employment issues, and products liability matters. He also regularly provides strategic advice to companies in advance of disputes, both to avoid the burdens of litigation and to protect their legal claims and defenses if litigation is inevitable. He is also a contributing editor of the American Bar Association publication, Litigation News, and the author of the commercial litigation blog, Unpredictable.
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Judges do not just get to arbitrarily decide the outcome of litigation; they need to follow the law. And if they do not, their decisions may be overturned in an appeal. But appeals are not automatic, and they may not address every aspect of a trial court’s decision. Instead, appeals require work, strategy, and the application of complicated rules.
When a lawyer loses a motion, it is common to ask the judge for a second shot. Besides spending time and money, there is rarely a downside to taking an additional opportunity to win. But a judge that ruled one way the first time is unlikely to change her mind. And the circumstances that permit rearguments are limited.
Living in New York, I have met many Polish immigrants and become curious about its culture. I have visited the country a few times, and found it to be an interesting mix of Western and Eastern Europe. And so I was very curious to learn more about the legal system in Poland. In particular, I wanted to know about how a commercial litigator viewed the conservative government’s recent contentious changes to the judiciary. Thankfully, I was able to speak with Wojciech Kremer, an attorney at his own firm in Krakow.
Litigation can be long and expensive. As a result, many defendants want to take the first available opportunity to get out of litigation. This is usually by filing a motion to dismiss, asking the court to end the lawsuit for certain reasons that do not require further discovery or a trial.
PostSpainEmployment / labour law and pensionsDisputes / litigationEmployment and pensions (contentious)Employment / labour (general)
To celebrate two full years of this blog, and the amazing opportunity I’ve had to interview litigators from many different jurisdictions, I wanted to speak again with the first lawyer who was kind enough to let me interview her for this blog. So I reached out to Marta Vilardell Oliveras, an attorney from Barcelona, to ask her some more questions about litigation in Spain. In particular, I wanted to know what employment litigation is like there.
One thing that happens when I start working with a client is that I ask them a million questions. The process may start with one email, where I ask a lot of questions. And after the client answers, she may feel like her work is over. But then I write back with a lot of follow-up questions and then a bunch of new questions. This may feel annoying, but I find it to be a necessary part of representing a client in litigation.
Not all litigation takes place in a courtroom. Many adversarial proceedings are administered by specialized agencies that have authority over a specific subject matter. And although these hearings are technically not “court,” they often have characteristics that resemble courtroom proceedings. As a result, clients retain litigators or other lawyers who specialize in that particular proceeding to represent them in connection with those hearings.
Depositions are an opportunity for a lawyer to question a witness before trial. But the lawyer asking the questions is often not the only lawyer present. Instead, another lawyer usually “defends” the witness who is testifying. But despite the term, the “defending” lawyer may not do much talking.
A trial is an opportunity for litigants to offer evidence in support of their claims and defenses. But not all of the evidence they want to offer may be admissible in litigation. Instead, at trial, the parties may object to the admission of evidence on various grounds. They often also object to evidence before trial through motions in limine.
The Romanian legal system shares many attributes with other European civil law systems. But it has a unique system of constitutional review and challenges that arise from the country’s communist past. I haven’t had the chance to visit the country, but I was fortunate enough to speak with Alexandru Măglaș, an attorney at his own firm in Bucharest, to learn about what litigation is like in Romania.