Hard Lessons from from the Software Legal Side, Part 2

Continuing on from Hard Lessons from from the Software Legal Side, Part 1, the Pre-Trial Mediation is a critical stage, which allows you to gauge the willingness of the defendant to be fair and reasonable.

Pre-Trial mediation is such a fun process as you soon realize that "fair and reasonable", are terms devoid from the defendants vocabulary (and this is why you are in court). You get to sit at a table with the good folks who ripped you off, and listen to them lie, threaten you, and act like their behavior is perfectly acceptable. Unfortunately nothing said in mediation can be used in a court of law, so the inhibitions drop like a lawyer who has consumed 12 beers, and what follows is a bit of joke.

The goal in mediation is to avoid a trial and try to come to an agreeable settlement. Sometimes this may work, but most of the time the defendant will use this opportunity to try an intimidate the plaintiff (you). In some cases the defendant may go so far as to claim they will counter sue you. An offer may be made, but typically it will be far below your acceptable limit.

So, keep your cool, do not lose your temper and just let the defendants spout on like clowns, as the fond memories of their inane comments will become the basis for much laughter after the trial. The pre-trial judge will then ask you if you would like to proceed or accept their terms for settlement. Provided you have solid proof supporting your case, do not back down and proceed with a trial.

Now comes the trial preparation, which is complex and time consuming, but can be very rewarding. Be sure to review your claim very carefully and have it committed to memory. All your supporting documentation should be neatly divided into folders of relevant information, with yellow post-it-notes on key items to support your claim. Oh, and be sure to bring extra Post-It-Notes for the judge, which will score you additional points at the trial, as the judge usually likes to add notations to their copy of the trial submission, and those yellow stickies are so damn handy.

Prepare a list of questions you will ask the defendants in the stand, and make sure the questions are relevant and incriminating. Think very carefully about these questions and try to position them in a chronological order, or lead into another question. You will also be required to think on the fly, as the defendants may open themselves up to new questions while on the stand, and you can adjust your questioning accordingly.

Court date. This is the most stressful part. Get lot's of rest the night before, dress in suit, and be sure to address the judge with all due respect. And bring extra Post-It-Notes. Watch for part 3 in April.