I think my new TLC strategies worked. Today, I had a mediation. Big firm lawyer for the defense insisted that our suit was frivolous and refused to give any offers. He has been insulting and obstreperous throughout the litigation. This morning, defense counsel insists on giving the first statement at joint session, with a legalese packed PowerPoint and glares and threats directed at me. My client is not persuaded. I decide to skip a mediation brief. Instead, I give a sort of opening statement -- our story -- straight to the defendants general counsel. As I start explaining the underhanded and sneaky things they did to my client, the general counsel visibly flinches. Then their lawyer starts interrupting me and arguing with me. I ask him why any of us are here if they dont want to try and understand our story and he turns red and starts spitting. The general counsel calls the people involved at her company and verifies our story. Our word checks out. Defense wants to focus on esoteric legal arguments. I focus on what is fair. The defense says that we cant win on a justice argument because they will force the case into arbitration. I respond that I have faith in judges to do what is fair too! Ultimately, we got a settlement that was above the authority that the GC came there with. I think I never would have gotten anything except that I sidestepped the defense lawyer and was able to get the GC to see some of our case despite her counsels posturing. I still think I couldve done better. But without this tactic, I think we wouldnt have gotten anywhere at all.
Posted on: Tue, 07 Oct 2014 07:07:33 +0000