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Quite often in civil litigation there is a direct conflict of evidence. Two different people say different things about the same event. When that happens I am often asked how a judge is going to “decide who is telling the truth”, or, as we lawyers like to put it, how the judge will resolve that conflict of evidence.

It's just his word against mine, right?

In civil proceedings the task of the judge is to decide the facts of the case on the balance of probabilities. That is, he must decide which is more likely to be the true position. Read the rest of this entry »

We often find ourselves having to help clients pick up the pieces. Sometimes learning to read and understand what you are asked to sign before you sign it proves to be an expensive lesson.

I would like to describe a situation I see fairly often. A client comes in to see me. His business has recently gone under. A supplier of the business is now demanding payment from the client under a guarantee. The client has no recollection of giving a guarantee. Read the rest of this entry »