So, I'm logging onto the website to book a room. I find a FANTASTIC deal at a posh resort. I click accept, accept, accept, got to the page that added all the fees annnnnnnnnnnd when I found out that with the added fees and taxes that the fantastic deal at the posh resort wasn't as fantastic as I thought. In fact, the added fees darn near doubled the initial price.
Yeah, thanks but no thanks. Dang but I don't know how Vegas stays in business what with all the bait and switches going on.
Imagine if something like this happened in the legal realm. Take, for example, the lawyer who came into my library the other day. He had been working to settle a long standing breach of contract case.
Opposing counsel had originally sent an offer of settlement, lawyer countered with his own proposal and after weeks of negotiations they finally arrived at a figure their clients could both live with. All that was left was drafting the language in the settlement agreement.
Months of negotiation later and lawyer and opposing counsel were still struggling to get the best language (for their client) in the agreement. Lawyer would draft an agreement, opposing would oppose and counter with something else. Back and forth, forth and back.
FINALLY, lawyer and opposing arrive at a final document. Lawyer shoots off the final agreement to opposing counsel. Opposing counsel gets his client to sign and date and he sends the signed agreement to lawyer for his client's signature and date.
Just before lawyer's client signs, lawyer looks through the agreement one last time and notices that opposing counsel unilaterally changed a key provision in the agreement (making the agreement not so much agreeable as it now favored opposing's client in a big way).
Lawyer is livid. He shot off a "professional" email to opposing counsel stating that they are now opting to go through binding arbitration and lawyer is now wanting information on the how of alternative dispute resolution.
Man, that really sucks! Reminds me of the time I was offered a great deal in Vegas and then found that that great deal wasn't so great after all. Well, with lawyer standing in front of me, I suggest he take a look at:
- A Litigator's Guide to Effective Use of ADR in California (CEB)
- California Practice Guide: Alternative Dispute Resolution (TR)
- California Arbitration and Mediation Practice Guide (LawPress)
- Proof of Facts (TR; 25 POF2d 333 (Good Faith Bargaining))
and off lawyer went to plan his revenge, er...case.
Have you ever been double-crossed and are so mad you can't see straight? Well, head straight on over to your local county law library and we'll help you see the light at the end of the tunnel.
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