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September 07, 2011

Sensitive Litigation Moment No. 19: Two Ways of the Trial Notebook for Business Trials.

(Miramax Films)

There's no Boilerplate in Baseball.

--Often incorrectly attributed to Tom Hanks; rather, it's a quip of Haywood Wise.*

For business trials, see for starters the outlines for Trial Notebooks, either One or Two, at Evan Schaeffer's Illinois Trial Practice. We like the latter, but you should mix and match--and use your great unused brain. Both sides of it.

And be advised:

1. Someone Wise (see * at continuation page below) once said: "There's no boilerplate in baseball".

2. Each client, each problem to solve, each transaction, and each trial is unique, and Different From The Other.

3. If you have Quality Work to do, and will be doing it for Quality Clients, you're not in a "forms" profession.

4. Do away with knee-jerk lawyer "form-think". It's bad for clients. Not to mention uninspired, un-American (and un-English)--and boring.

*Paris-based Haywood Wise is a highly regarded and Immigration Lawyer, New England-bred American expat and former ballplayer (Europe professional ball) Dan Hull met in Geneva two years ago. They were introduced at a Monday dinner party during the first of several week-long business meetings in various cities for a protracted project. However, American, German, Swiss and French businessmen and lawyers in attendance who had brought their wives to the Geneva meetings remarked almost immediately that it was "a huge mistake" for Wise and Hull to ever have been introduced and that wives (and also any college-aged daughters) would be left at home on the remaining segments of the project.

Posted by Holden Oliver (Kitzb├╝hel Desk) at September 7, 2011 11:55 PM


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