(Almost) Escaping the Rule Against Perpetuities

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There are many things that strike fear in the hearts of law students preparing for the bar exam. The worst for me was worrying that I would get a question on the rule against perpetuities.

The rule against perpetuities is an arcane legal doctrine tracing back to 17th century English common law. We are told that it limits the ability to put long-lasting restrictions on land.

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In Praise of Brevity

/ Clayton Mediation/

There is wisdom in the old saying “talk less, say more.” We sometimes assume in speaking and writing that if a little is good, a lot will be better. Often, the opposite is true.

When sending materials to a mediator on an important case, it is tempting to overdo it. Do you attach the three critical doctor’s notes or do you provide the entire 250-page medical chart? Do you excerpt the one paragraph of contractual language that controls or do you err in favor of sending the entire 100-page licensing agreement? Do you summarize your client’s case in 15 minutes or go on for over an hour?

I think I speak for all mediators when I suggest that less is usually more.

And on that note, I am done.

Trials: a Failure of Lawyering?

/ Clayton Mediation/

In a recent mediation, an attorney shared with me the interesting comment that: “Trials are the result of failed lawyering.”  While that may overstate the case, it struck me as a pretty wise perspective.

While trials have a sacred place in our constitutional, historical and jurisprudential legacy, for most clients they are expensive and terrifying, with uncertain outcomes.  They are a roller coaster with a propensity for ejecting riders from great heights.   

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