A short newsletter of bite-size ideas to chew on for Terrafirma owner-member land trusts, released January, February, May, June, September, October and November.
When should you consult an attorney on a problem you’re experiencing with a land owner? Some wait until a lawsuit is already underway or seems inevitable because of reluctance to involve lawyers. They don’t want to seem aggressive, or compromise a collaborative violation resolution.
However, earlier outside legal perspective can help you get the tone just right when resolving a dispute: not too nice and not too harsh. It can also help you avoid simple mistakes that can become serious obstacles later. Read “When to Turn off the Nice Switch” [note: this has since been updated to "Knowing When to Shift Gears"] to learn more, and find a perfect balance.
Have questions? Please let us know. You can email us directly or call 202-800-2219 for Lorri, 202-800-2248 for myself or 802-262-6051 for Leslie.
Please forward this to your stewardship, land management or legal staff, or anyone else who you think would find this useful!
When you need an expert report for a lawsuit, you may be better off getting your outside attorney to request it for you. Because lawyers don’t have to reveal their notes and correspondence in court where the land trust is seeking their legal advice, your lawyer’s discussions with the expert (and, depending on your state’s rules, even the report itself) can be protected from the other side. Being able to keep your disagreements with your experts confidential can really help your case. For more information, check out this practical pointer on attorney-client privilege.
We’re here to help! If you have any questions about attorney-client privilege or anything else, please let us know. You can email us directly or call 202-800-2219 for Lorri or 802-262-6051 for Leslie.