Enforce Legal Rights Sparingly

I have friends, Jack and Shirley, who are in the process of remodeling their kitchen. Construction has taken longer than projected, and my friends are eager to have the work completed. Life without a kitchen increases stress. Recently, the plumber hit a snag when he...

Keep It Simple: Legal System Thrives on its Complexity

Arizona Revised Statutes consume more than six feet of shelf space. These books are the written laws passed by the Arizona Legislature. They also contain brief summaries of appeals court decisions interpreting some of the statutes. The Arizona statutes represent only...

‘Bulldog’ Lawyer Can Hurt Your Case More Than Help

Some people are unreasonable, belligerent and unnecessarily aggressive. Some of these people are lawyers, although in my experience few lawyers are like this. Not many people in any occupational group routinely behave poorly. Those who do, however, may taint the...

Legal Costs Need Re-evaluating

I agree with the proposition that our country is an overlitigated society. As a lawyer, I have seen the problem firsthand. Too many resources are wasted resolving legitimate disputes. Even a wealthy nation cannot afford the direct and indirect costs associated with...

Jury Nullification—Jury Has Power to Nullify Law

At the end of most jury trials, the judge gives the jury instructions regarding the law applicable to the case. The jury is then excused to begin its deliberations and reach a verdict. Jury verdict research indicates that most juries give great weight to the...

Arbitration, Mediation Provide Alternatives

There are good reasons for avoiding courts. Courts are only one resource for resolving disputes. There are other mechanisms available that are less formal and often preferable. Alternative dispute resolution, or ADR, is the term used to describe non-judicial methods...