Einterz & Einterz Blog

  • 04/05/2011 - 2:24pm
    Icebergs, scientists tell us, have three fiths of their mass below the surface of the ocean.  Icebergs are an apt analogy for the cost of litigation.  Often, what a client sees or projects as the cost of litigation is dwarfed by the unseen costs.
     
    Attorney’s fees are but a portion of litigation costs.  Expert fees, document preparation fees, and investigator fees add to the cost.  In arbitration, filing fees can cost thousands and the fee for the arbitrator or arbitrators may easily cost thousands for each day of a hearing.  In...
  • 04/05/2011 - 2:23pm

    Justice delayed is justice denied.  A common moan of anyone who has ever been involved in a legal dispute (outside of small claims court) that actually made it to trial.  In Indiana it is becoming a fact of litigation that an issue presented to the lawyer today has little chance of being resolved through trial for nearly a year from today.

    The question is why?  First, going to trial is expensive.  It is common to experience fees of $3,000 per day to each day of court time, and then incur at least $3,000 per day for every day of preparation for trial for which...
  • 04/05/2011 - 2:19pm

    The ability to put a realistic price tag on a case is probably one of the most critical skills a lawyer has. At the same time, it is one of the most difficult tasks for the lawyer and one of the most painful for the client. 

    The simplest way to evaluate a case is to treat it as a simple investment. Assume that Fred claims that he is owed $50,000 by Bob. If he were to take the matter all the way through trial, he will spend $20,000 in attorney’s fees and expenses, leaving him with a net gain of $30,000 – a very respectable return on his investment of $20,000....
  • 04/05/2011 - 2:17pm

    Waste not, tax not. Such should be the peoples refrain to our government. Yet, despite the peoples cry for reform and cost constrainment, your government spends and imposes regulations to force overspending on such high dollar issues as schools, roads, and public buildings. Three primary ways that the government wastes your money in construction are: 1) restrictive bidding; 2) common construction wage scales; and 3) union only project labor agreements.

    Restrictive bidding occurs when a particular supplier or contractor convinces the architect or owner (government board, mayor, town...

  • 04/05/2011 - 2:00pm
    There is an old joke that inquires as to the difference between a lawyer and a prostitute, and the answer is, of course, that at least a prostitute stops screwing you when you are dead.  Unfortunately, there is some truth to the joke, and at least where lawyer fees for estate issues are concerned, the lawyer has the government as a co-conspirator.  The government has imposed such a complex and onerous system of taxation of the dead that the skills of a lawyer are needed to minimize the tax penalty and preserve as much of the deceased’s estate for his beneficiaries rather...