An Eye-Opening Summer
By William “Liam” O’Keefe
It’s been a great summer interning here at Erwin Law. An eye-opening one, for sure!
In my very first week, I delved into a real estate case involving two owners whose houses were part of an essentially symmetrical row of three homes. They shared a common wall, and their flat roofs were of identical height.
Despite a recorded covenant prohibiting any ‘additional height,’ Owner ‘X’ proceeded to build one anyway.
Owner ’Y’ sought the assistance of Erwin Law to enforce the covenants and prevent the construction.
While the case seemed pretty ‘cut and dried’ to me, the dispute has been going on for two years!
While our attorneys were confident that we would prevail, they emphasized to me the creativity of the opposing counsel, who was clearly trying to extend the issue for as long as possible, creating substantial headaches and legal fees in the hopes of forcing our client to give up.
I was astounded that an unambiguous clause in a contract could be manipulated so effectively to prolong the litigation.
As an incoming law student, I found this case both fascinating and daunting. It showed me strategy and technique that I’m confident only comes with experience. It also underscored the endless complexity and ambiguity lawyers deal with, on a daily basis.
If a contract clause as straightforward as this one can be turned into an issue, what can't? How can people protect themselves from nefarious lawsuits, contract disputes, and the myriad other legal disputes I haven't yet learned about?
In my limited experience, it seems that the best protection is an experienced lawyer; one capable of communicating and defending their clients’ needs efficiently and effectively.
This is the type of lawyering I’ve witnessed every day at Erwin Law.
I’ve seen our lawyers prioritize their clients' interests, without attempting to rack up unnecessary legal fees. I’ve been in depositions where our lawyers substantially weaken the opposing counsel’s arguments, taking a big step towards saving their clients tens of thousands of dollars. I’ve drafted numerous demand letters that aggressively advocate for a client’s needs. And I’ve seen how disputes are consistently argued and negotiated into balanced results that protect client’s best interests.
I’ve learned a lot about the law, this summer. And a lot about the kind of lawyer I want to be. Thank you, Erwin Law, for this amazing experience.
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