Friday, May 7, 2010

Wet Hot South Florida Morning.

Hey, what do you know -- Jeff Sloman's a plaintiff's attorney!

This great Julie Kay article on the perils of suing clients for unpaid fees is instructive, but I had another takeaway -- the perils of litigating issues instead of attempting to resolve them:
The litigation triggered the competitor, Fort Myers-based Storm Catcher, to ask the U.S. Patent and Trademark Office to re-examine Armor’s patents, which were ultimately deemed invalid.

The patent ruling destroyed Armor’s business, valued at more than $2 million, said Warren Trazenfeld, a Miami solo attorney who is representing Armor in the malpractice case.

“The patents were the most valuable part of the company,” he said. “Now the business’s valuation has been substantially affected.”

Trazenfeld claims the Squire Sanders lawyers should have requested a re-examination of the patents and could have fixed them in Armor’s favor. Instead, the firm deliberately headed into litigation to run up high legal bills, he alleges.

“It absolutely could have been an easy fix,” Trazenfeld said.
Litigation always has the potential to spin out of control, and always has the potential to result in unintended -- and even unforeseen -- consequences.

It's funny to see businesses that work so hard to contain and/or eliminate risk throw caution to the wind when they're embroiled in litigation (not that I'm complaining).

Besides the billable hour economic self-interest, why is reaching out early for a compromise resolution sometimes so difficult to do?

Swlip, this one's for you!


SCOTUS Watch said...

It's Kagan.

Anonymous said...

Great news. Visited Sugarcane last night (Gotta love the goat cheese croquettes and bacon wrapped dates)Greenberg Gal has been promoted and is now the assistant night shift manager. She was in great spirits and even comped my french toast dessert. Thanks GG and keep up the good work.

Anonymous said...

Wet Hot South Florida Morning-- early 'windsurfing' session SFL?

Anonymous said...

Peaceful resolution is done and gone as soon as you hire a lawyer. Not because of the lawyers, but because of the message it sends. Hiring a lawyer says, "I've lawyered up. Surrender now or prepare for battle." And that is exactly what people do, they roll over or they fight (until they run out of money and settle).

Anonymous said...

I love it, now Sloman is going to get to know what it is like to deal with lawyers hiding discovery - something some in his former office has become good at.

It will be interesting to read his first motion to compel/motion for sanctions.

Anonymous said...


lucky bastard

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