Why You Should Attend the Discovery and Motion Practice Workshop

REGISTER NOW: CLICK HERE –>REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP 5/23-24

From the very start, three years ago when I predicted the crash and the rash of foreclosures which would virally spread around the world, my goal was to provide tools to everyone that would enable them to stop the flood. So far, I have succeeded in only a small percentage of the 20 million homes that are affected. We need more lawyers winning, more Judges getting mad at what they come to realize is a trick played upon them, and more people staying in their homes because that is where they rightfully belong.

THE IDEA IS TO START WINNING AND TO STOP “MAKING A POINT.” SCORING POINTS WON’T GIVE YOU ANY RELIEF. WINNING EACH MOTION WILL GET YOU CLOSER TO YOUR GOAL OF A REASONABLE SETTLEMENT, MODIFICATION OR EVEN FREE AND CLEAR TITLE.

In a nutshell, a lot of cases are starting off well with reasonably good pleadings but running into trouble when they get in front of a judge who doesn’t understand what you are saying or worse, thinks he or she does understand what you’re after and doesn’t like it.

This can only happen if you let control of the narrative get away from you, and that only happens if you don’t know how to use the rules of evidence well, can cite them in strongly worded clearly stated objections, and you make sense to the Judge. We keep forgetting they are just people and they have lots on their mind besides this one case.

So the purpose of the workshop is to provide the participants with an interactive experience that will enable them to present and argue objections to thwart hearsay and lawyer representations from the other side from being admitted or considered as evidence.

We are going to drill down on securitization NOT because you are going to accept the burden of proof, but to know exactly how to keep the burden of proof on the pretender lenders and to stand your ground. And their burden of proof on MOTIONS is HIGHER than beyond a reasonable doubt.(No, I’m not kidding or exaggerating).

But you still have to make sense to the judge. You must show the basis of your objections not by proving the evil sorcery of securitization but by insisting that the pretender lender prove their rights under the scheme of securitization. DO NOT STIPULATE TO ANYTHING. MAKE THEM PROVE THEIR CASE.

GET THE JUDGE TO AGREE THAT EVEN THOUGH HE/SHE DOESN’T THINK YOU HAVE A CHANCE IN HELL OF WINNING YOU ARE ENTITLED TO A HEARING ON THE MERITS. After you get into discovery it will become apparent to the Judge that you weren’t so crazy after all.

Accomplishing this takes some skills and knowledge about litigation that are not taught in law school except on a mostly abstract level. As Beth Findsen says, “You can be right on the law, but if the Judge refuses to apply it, you are still going to lose.” All the forensic audits or analyses, expert declarations and brilliant memoranda in the world won’t stop you from losing if you don’t know how to use the tools we are providing to you here.

Litigation is always an exercise in intimidation and withstanding intimidation. If you are not sure of yourself the other side will smell blood and go for it. This workshop will make you sure of yourself, make you a better litigator, and a better adviser to your clients about what to expect and what goals to seek.

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24

One Response

  1. […] New Workshop on Motion Practice and Discovery Posted on April 13, 2010 by Neil Garfield why-you-should-attend-the-discovery-and-motion-practice-workshop […]

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