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Alternative Dispute Resolution, Part 1b. “Rules are rules and people need to follow them.” This was what I took from a comment yesterday. And it is true, to a point. This comment often comes from the mindset that spawned the “Cynthia from Geico” commercial and is used by the anti-HOA folks to argue that we’re too busy fiddling with rules to care about the people who are subject to the rules. I once took issue with a colleague who constantly stated that “covenant enforcement is all about enforcement” because I believed then and still believe now that “covenant enforcement is all about compliance.” The rules are a means to an end but not the end in itself. If people can get what they want without rules, then why have them in the first place? Does it matter if the people think the rules are silly or petty? Yes, I think it does matter in representative leadership because the people can change the rules. We aren’t victims. They don’t need to be heavy or oppressive. If the aren’t working for us, we change them. But if we have a fixed mindset when we think about rules, talk about them, or enforce them, we create innate resistance to them because they are viewed as immovable, unchangeable, and unyielding. They’ve stolen our power. Take it back.

Companies of all sizes find themselves in business disputes that may call for legal action: breaches of contract, non-compete clause violations, payment disputes, fraud, negligence, and many others. Experienced attorneys can help determine whether you have a viable case and present the strongest evidence to remedy it. Implementing standard practices to protect your business can help you achieve your best outcome should a business dispute arise. - First, create clear and specific contracts from the start. - Maintain insurance for your business. - If a dispute arises, compile evidence: contracts, financial documents, correspondence - anything relevant to the case. - Make a list of potential witnesses. - If necessary, file a lawsuit within the timeframe of your state’s statute of limitations. - Be willing to cooperate. Don’t use social media to broadcast the dispute. The attorneys at Merrick Brock, PLLC have more than 25 years of combined experience handling commercial disputes and personal injury cases involving businesses, individuals, and insurance companies. Contact us today through the link below for help resolving your business dispute. www.merrickbrock.com John Merrick Les Brock

ICYM – Key takeaways from our litigation scorecard on class certification rulings mid-way through 2024 https://lnkd.in/eDXYJMm6

Join Ken Gorenberg of Barnes & Thornburg LLP to learn more about expertly drafting and negotiating indemnification provisions and understand how important these are when things inevitably go wrong. https://lnkd.in/eedTZri3

A contract breach occurs when one party fails to perform any part of the agreement without a valid legal excuse. The failure could be partial or complete, and it could be either intentional or unintentional. Learn more. https://bit.ly/3JKwHyA #businessattorney

The Post Office horizon scandal remains firmly in the limelight. However the latest from the Inquiry is a timely reminder to litigators that utmost care must be taken when preparing statements on behalf of clients and witnesses. The evidence given must and should be given in the words of the person providing and signing that statement. Granted the lawyers will assist with the drafting. However they need to ensure that the statement is an accurate reflection of that person’s evidence. For those that do take the care and follow the rules/law on statements - do ensure your file can accurately reflect you have followed the correct process. #litigation #postoffice https://lnkd.in/gDyp5S4U

Attorney Peter Christensen will offer 15 takeaways and lessons from legal situations and cases involving appraisers. What can appraisers learn from their colleagues’ legal misfortunes? Here are some of the takeaways offered: -How does USPAP relate to a professional negligence claim? -What’s the most important language in an appraisal report – in relation to an appraiser’s potential liability? -What legal problems have copying and pasting information from Wikipedia into appraisal reports caused appraisers? -How does the Gramm Leach Bliley Act really apply to appraisers?

In a new blog, Attorney Timothy Schweiss explains the crucial "Waiver of Subrogation" clause in commercial leases. Schweiss delves into the significance of these clauses, detailing how they mitigate legal disputes, foster positive landlord-tenant relationships, and ensure that insurance policies align with lease agreements. Read here: https://ow.ly/pCzK50Tpn3A

I make eight promises to every client who puts their trust in us at Chubb Law. Here they are: 1. To listen to your full story.  2. To give you 110%.  3. To charge you no out-of-pocket fees. We get paid only if you win. 4. To be available whenever you need to communicate about your case. 5. To be proactive in our own communication with you.  6. To let you call the shots. Then we lead the way. 7. To increase any settlement offers currently on the table.  8. To close your case with more money in your pocket than you had when you called us. These promises are our baseline commitment to every client. From there, we look for ways to go above and beyond. What do you promise your clients?

FINRA dispute resolution stats through April are out. Arbitrations still down across the board. Overall, 841 arbitrations filed, down 19% from 2023. Customer claims are down 6%. Industry disputes were down 38%. https://lnkd.in/d3NpCw7 FINRA mediation stats through April are out: 180 cases, down 38% from 2023. Settlement rate is 89%.