Professional Practice 544

Similar documents
PROFESSIONAL PRACTICE 544

Professional Practice 544

Professional Practice 544

Dispute resolution. Construction Law Survival Manual. Credit Management Fair Credit Reporting Act Equal Credit Opportunity Act

Alternate Dispute Resolution

LEG 283T.01: Trial Preparation

Initial Pre-hearing Arbitration Scheduling Order. Parties

Dispute Resolution Service. Guide to Arbitration Clauses

LEGAL GLOSSARY Additur Adjudication Admissible evidence Advisement Affiant - Affidavit - Affirmative defense - Answers to Interrogatories - Appeal -

Arbitration vs. Litigation

The Legal Process: The Adversary System and Dispute Resolution

Pretrial Litigation Guidelines Fall Wednesday Class 6-9 p.m. Rm TBA

DISPUTE RESOLUTION IN THAILAND: LITIGATION

SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY

Chapter 02 THE COURT SYSTEM AND DISPUTE RESOLUTION

COMMERCIAL CALENDAR N (Effective November 17, 2010)

UNIT 1: GUILT AND LIABILITY

ARBITRATOR-DIRECTED ARBITRATION: A DIFFERENT APPROACH TO ADR By Mark C. Friedlander, Schiff Hardin LLP

Robert I, Duke of Normandy. 22 June July 1035

Shanghai Jiao Tong University. LA200 Business Law

COMMERCIAL CALENDAR N (Effective February 8, 2013)

Printable Lesson Materials

Comparing Mediation, Arbitration and Litigation

OAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS. CEPL Substantive Law: TORTS

An Overview of Civil Litigation in the U.S. presented by Martijn Steger May 24, 2014

A Guide to Residential Real Property Arbitration

World Book. Dispute Resolution Brazil INTRODUCTION TO BRAZILIAN LAW 1.1 LEGAL SYSTEM

Representing Yourself In Employment Arbitration: An Employee s Guide

ARBITRATION RULES. Commercial Brokers Association

Common law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S.

Consolidated Arbitration Rules

Chapter 3 The Court System and Chapter 4 The Litigation Process

ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES

Chapter 3 Dispute Resolution

Manage Your Farm s Legal Liability

May 7, Dear Ms. England:

University of Houston Law Center PRE-TRIAL LITIGATION SYLLABUS. Spring 2015 Thursday 6:00-9:00 p.m. Room 111 TU2 Breakout Rooms TBA

Econ 522 Review 3: Tort Law, Criminal Law, and the Legal Process

So, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court

1. Minor criminal cases and civil disputes are decided in the appellate courts.

Civil Procedure System In Korea

IMPORTANT NOTICE REGARDING YOUR EMPLOYMENT WITH TA YOU MUST CAREFULLY READ THE ATTACHED MUTUAL AGREEMENT TO RESOLVE DISPUTES AND ARBITRATE CLAIMS.

Court of Appeals. First District of Texas

NFA Arbitration: Resolving Customer Disputes

This Webcast Will Begin Shortly

INFORMATION FOR RESPONDENTS

HARTLEY LAW FIRM - TDA LITIGATION STATUS REPORT December 1, 2016

acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

CALENDAR Q. JUDGE PATRICK J. SHERLOCK 2007 RICHARD J. DALEY CENTER CHICAGO, ILLINOIS fax

TU TU

ACCELERATED ARBITRATION RULES AND PROCDURES TABLE OF CONTENTS Revised December 1, 2017 Copyright by CDRS 2017 all rights reserved

LAW FOR BUSINESSES & NON-PROFIT ORGANIZATIONS PROFESSOR VIK ADVANI COURSE OBJECTIVES

Civil Procedure. The Origin of a Lawsuit. The Resolution of Private Disputes Chapter 2 Part 2 Civil Procedure

case has unique facts, concerns, and legal issues. You must consider many competing

INFORMATION FOR COMPLAINANTS

AGREEMENT TO ARBITRATE FULL CAPTION: Description of Dispute: Briefly describe dispute and whqat you are seeking in damages or relief:

Employment Dispute Arbitration Rules and Procedures

THE PHI KAPPA TAU FRATERNITY CLAIM AND DISPUTE RESOLUTION PLAN AND RULES

Arbitration Procedures Guide

APG ASBESTOS TRUST. 1. A copy of these ADR Procedures; 2. Form Affidavit of Completeness; 3. Election Form and Agreement for Binding Arbitration; and

Mastering Civil Procedure Checklist

The Construction Specifications Institute

AAA Employment Arbitration Flowchart

PROVIDING PROCEDURAL CONTEXT: A BRIEF OUTLINE OF THE CIVIL TRIAL PROCESS

THE STATUTES OF THE REPUBLIC OF SINGAPORE INTERNATIONAL ARBITRATION ACT (CHAPTER 143A)

Legal Strategies - case law and arguments to combat plaintiffs strategies to defeat arbitration agreements.

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

Dispute Resolution Around the World. Italy

PLANT ASBESTOS SETTLEMENT TRUST ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES

CHAPTER 77 THE GOVERNMENT PROCEEDINGS ACT. Arrangement of Sections.

SUMMARY OF CONTENTS SC-1.

The New Texas Rule 47 Pleading Rules: What Are They and Why Should I Care?

SPECIAL CIVIL: A GUIDE TO THE COURT

IN THE SUPREME COURT OF THE VIRGIN ISLANDS ORDER OF THE COURT

COMMERCIAL CALENDAR I (Effective January 30, 2012)

ARBITRATION PROVISION

MAINE MECHANIC S LIEN LAW

ADR USERS GUIDE 2012

Directions: Read each of the questions or statements below, then choose the correct answer from those provided.

October by: Jasmine J. Abou-Kassem

EMPLOYMENT AGREEMENT FOR THE POSITION OF GENERAL MANAGER/CHIEF ENGINEER RECITALS OPERATIVE PROVISIONS

Leveraging Summary Adjudication: Cost-Conscious Justice In Reinsurance Arbitration

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION STANDING ORDER

Elements of a Civil Claim

Award FINRA Office of Dispute Resolution. Hearing Site: New York, New York First Republic Securities Company, LLC

Wills and Trusts Arbitration RULES

THE STATUTES OF THE REPUBLIC OF SINGAPORE ARBITRATION ACT (CHAPTER 10)

PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS

Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)

100 Introduction.

THE LATEST TORT REFORM: THE CERTIFICATE OF MERIT

Illinois Legal Update. Patrick M. Miller, Partner

chapter30dispute Resolution Name

George Mason University School of Law PATENT LITIGATION AND DISPUTE RESOLUTION. Spring Tuesdays 8:00-9:50 P.M. Classroom 329 SYLLABUS

CONTENTS. How to use the Lake Charles City Court...2. What is the Lake Charles City Court?...2. Who may sue in Lake Charles City Court?...

Third District Court of Appeal State of Florida

Chicago False Claims Act

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION. Case No. 2:14-cv CBM-E

GRIEVANCE AND ARBITRATION PROCEDURES FOR ANY DISPUTES RELATING TO EMPLOYEES AND JOB APPLICANTS OF BILL S ELECTRIC COMPANY

LIMITED JURISDICTION

Transcription:

Spring Semester 2016 Professional Practice 544 Michael J. Hanahan Partner Schiff Hardin LLP 233 S. Wacker, Ste. 600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP. All rights reserved schiffhardin.com

January 11, 2016 Professional Practice 544 Introduction, Legal Foundation, Dispute Resolution To Court or Not? Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP. All rights reserved schiffhardin.com

HOW THIS CLASS WORKS 1. First Half (through the mid-term): THEORY 2. Second Half (through the final): PRACTICAL APPLICATION 3. Syllabus for Contact Information and Documents for Class 4. Lectures and Reading (AIA Documents) Very Important schiffhardin.com 3

HOW THIS CLASS WORKS 5. Grading based on mid-term and final exams combined Both multiple choice, open book open notes No homework Lecture based no book. Will need two AIA Forms A201 and B101 Opportunity to raise grades of C or below by writing papers Attendance is critical for full understanding Lectures are posted on the website A $1000 Schiff Hardin Construction Law Group scholarship for best performance schiffhardin.com 4

HOW THIS CLASS WORKS 6. Objectives of the Course Understand the jargon Understand the types of practices (partnerships, corporations, LLCs, etc.) Understand dispute resolution, including the courts, mediation and arbitration Understand business agreements and contracts How the practice of architecture is regulated by the State and others Learning/understanding an architects professional practice responsibilities Understanding the economics of architecture and real estate development Recognizing an architect s place in the business world. schiffhardin.com 5

THE LAW AN OVERVIEW schiffhardin.com 6

LEVELS OF GOVERNMENT THE LAWS OF NATURE OTHER LAWS FOLLOWING NATURE Monarchy led to tyranny Complete and pure Democracy (Athens) Unworkable Socialism, communism, etc. CONSTITUTIONAL DEMOCRACY Our form of government A democracy where the majority does not always rule Designed to protect the rich and the poor minorities (race, geographic location, etc.) all may have a say schiffhardin.com 7

LEVELS OF GOVERNMENT NATIONAL (not Federal ) May only exercise that power expressly granted to it in the Constitution. All other powers are reserved for the states. Constitution, however, may be broad in its application Congress and what it can do. STATE Each state is wholly separate and not obligated to follow another state s laws. Full faith and credit clause of the Constitution requires one state to recognize the validity of another state s decision. MUNICIPAL City Village Separate and independent taxing body (e.g., MPEA) schiffhardin.com 8

FUNCTIONS OF LAW CRIMINAL LAW Protects the State Protects people The jury system but what is a jury of your peers? CIVIL LAW Balancing interests of groups/individuals Ensuring predictability Statutes and common law Uses the jury system as well schiffhardin.com 9

HIERARCHY OF LAWS 1. Constitution Federal and State 2. Statute Federal, State, County, City 3. Executive Order Federal and State 4. Administrative Order - Part Legislative/Part Executive 5. Common Law (court-made law) 100s of years old 6. Contracts and Agreements Oral, Written or Implied 7. Custom and Practice Implied and over time schiffhardin.com 10

CLAIMS schiffhardin.com 11

WHAT IS A CLAIM? Because of Claims, We Need Laws. Civil and Criminal Arch 544 Mainly Explores Civil Claims. Claims against design professionals. Claims against owners. Claims against contractors. What is a claim and how is it resolved? schiffhardin.com 12

ELEMENTS OF A CLAIM Is the claim based in tort or contract? What makes up a tort? What makes up a contract? Existence of a Duty By law, contract or otherwise Breach of that Duty The failure to perform. Performing in a manner not consistent with the standard of care Causation Damages schiffhardin.com 13

DISPUTE RESOLUTION PROCEDURES schiffhardin.com 14

DISPURE RESOLUTION PROCEDURES Binding Non-Binding Litigation/Lawsuit (traditional method) Expensive, time consuming Arbitration (only by agreement) Can be, but not always cheaper and faster than litigation Negotiation (always encouraged) Limited to skill and attitude of the parties Mediation (only by agreement) Often faster and cheaper than other methods schiffhardin.com 15

ANATOMY OF A LAWSUIT schiffhardin.com 16

ANATOMY OF A LAWSUIT 1. Plaintiff s Summons and Complaint Hire the attorney Sue Pro Se (only an individual) Appearance The Process 2. Defendant s Initial Responses Appearance Motion to Dismiss Answer Affirmative Defenses Counterclaims schiffhardin.com 17

ANATOMY OF A LAWSUIT 3. Pre-Trial Discovery Both Parties What is the purpose? Production of documents Interrogatories Depositions Subpoenas to third parties Length of time Motion practice schiffhardin.com 18

ANATOMY OF A LAWSUIT 4. Trial (Jury or Bench) Jury selection Opening statements Evidence and witnesses Closing arguments Jury instructions Verdict/judgment 5. Appeal Written briefs on limited issues Oral arguments schiffhardin.com 19

ARBITRATION schiffhardin.com 20

ARBITRATION 1. Demand for Arbitration (Claimant) In writing but not as formal as in a lawsuit 2. Arbitrator Selection Process By agreement, contract, define the rules How many panel members 3. Answering Statement and Counter-Demand (Respondent) In writing and may even be a narrative schiffhardin.com 21

ARBITRATION 4. Limited Discovery Mutual document exchange Interrogatories typically not permitted or very limited Depositions also usually limited or prohibited Unless defined in the contract or other agreement, decision on amount of discovery falls to the Arbitrator Often limited control over discovery produced Subpoenas to third parties for documents or attendance at hearing only schiffhardin.com 22

ARBITRATION 5. Evidentiary Hearing Opening statements Witnesses, but no evidentiary exclusions/objections Arbitrator(s) may ask questions Closing arguments and/or written briefs Award 6. No Right of Appeal Arbitrators can make errors of law or fact without being overturned Fraud or overt bias can be appealed Arbitrator s lack of jurisdiction Reckless disregard of the law schiffhardin.com 23

MEDIATION schiffhardin.com 24

MEDIATION PROCEDURES 1. Generally Two Types of Mediation Evaluative Evaluate the basis and merits of the claims Evaluates the strengths and weakness of the claims Informs the participants of the validity of a claim Facilitative Does not evaluate the claim at all Facilitates the conversation between the parties Much more of an intermediary requires a very skilled mediator with interchanges 2. It is a Business Resolution Process Generally non-binding Some mediations are combined with arbitration to achieve a final and binding solution schiffhardin.com 25

MEDIATION PROCEDURES 3. The Mediation Process Individual meetings/written submissions to educated the mediator Joint session between the parties often confrontational Provides the feeling of having your day in court Separation of the parties for negotiation portion Shuttle diplomacy 4. Mediation may be Interrupted or Continued schiffhardin.com 26

QUESTIONS schiffhardin.com 27