Posted by G.A. Napier on January 28, 2008
I was recently complimented by two opposing counsel because they each like working with me. I had to pause and consider the deeper ramifications of being complimented by opposing counsel: did it mean I was a pushover? Since, in both cases, I kept moving forward for favorable outcomes and stayed on top of outstanding issues, I do not believe it was implied that I was too easy. Instead, I believe the difference was my willingness to bring in, and to entertain from them, creative resolutions.
It is so easy to lock onto one outcome or set of results to the exclusion of creative ideas. This tends to promote dug in heels and escalating rhetoric. When an impasse is reached, I do two things: prepare for the fight that may be inevitable and generate new options. I believe this has allowed for the deescalation of some fights and more outcomes that my clients can be happy with. I have no monopoly on creativity so I do not see this as bragging. I do believe, though, that when creative approaches are embraced, the likelihood of justice being achieved is maximized.
Posted in Life & Law | 1 Comment »
Posted by G.A. Napier on January 11, 2008
If you would like a smattering of “let’s help poor people” optimism in the midst of boring child support and policy talk involving dependency, neglect and abuse actions, check out this post at the Lexington Lawyer blog.
Posted in child protection, Family Law, Politics | Leave a Comment »
Posted by G.A. Napier on January 1, 2008
Here is a post by Bluegrass Business Law blog discussing enforceability of arbitration agreements. What the blogger fails to point out is that in the case discussed, Paul Miller Ford’s arbitration agreement calls for the Better Business Bureau to handle the arbitration. Interesting, Paul Miller Ford is a member of the BBB.
Now skeptics and naysayers would see an innate conflict in the BBB handling the arbitration of a dues paying business. Some would see a conspiracy or at least the implication that the BBB would favor their dues paying member over the customer with no ties to their agency. These cynics might cite to the overwhelming popularity of arbitration among businesses to suggest that arbitration tends to favor the businesses. It is this very cynicism that thwarts the capitalistic dreams of America and keeps these businesses struggling to make a dime. It’s downright unpatriotic! Forget arbitration clauses, the Federal government should just outlaw legal suits against businesses. While they are at it, they should just stop taxing businesses too – why should the oil industry be the only one with sweeping exemptions. But, I digress.
Posted in Humor, Life & Law | Tagged: arbitration, bad business practices, contracts | Leave a Comment »