Preg O'Donnell & Gillett

Has a Reptile Slithered into Your Mediation? How to Use It to Your Best Advantage

As many of you know, Reptile Theory, as a litigation strategy, slithered into existence in 2009, made popular by David Ball and Don Keenan in their book, Reptile, The 2009 Manual Of The Plaintiff’s Revolution. Since then, thousands of lawyers, both plaintiff and defense, have employed the tactics promoted by this book.

Without going into too much detail, the “Reptile Theory” was originally a litigation strategy that attempted to tap into a juror’s fear and anger to obtain greater awards of damages.

May 8th, 2023|News|

Highlighting National Lawyer Well-Being Week

Well-being is a significant part of your success as an attorney. The DRI for Life’s Committee’s charge from the DRI Foundation is to support its members to lead healthy, balanced and productive lives through wellness activities, support programs and mentoring. Coinciding with May being Mental Health Awareness month and that May 1-5 is National Lawyer Well-being Week, this article highlights the Committee’s goals for expanding wellness offerings and information, encouraging law firms to allow for healthy lifestyles and eliminating the stigma associated for those seeking help.

April 14th, 2023|News|

The Preg O’Donnell & Gillett trial team victorious

The POG trial team, consisting of Eric Gillett, Greg Latendresse, and Jamie Cheatham achieved a solid victory after a 2 1/2 week jury trial in Thurston County before the Honorable Mary Sue Wilson.

Plaintiff’s demand never went below the policy limit of $1M and he asked the jury for more than $4M. The jury returned a verdict for $25,000. Most importantly, the clients were delighted with the result...

March 7th, 2023|News|

Mediation and the Art of Compromise

Mediation is the art of compromise. Mediation is also the science of how people act with one another. Mediation requires us to believe what we say and to recognize that those on the other side of our dispute believe what they say. For mediation to be successful and to end with a settlement, you may also be required to believe that your opponent may be right and you may be wrong. The rub, the difficulty, is finding where your tolerance lies for the risk you may be wrong...

February 13th, 2023|News|

In Mediation, Let Vulnerability Be Your Sword and Honesty Your Shield

The language of litigation is conflict. “Complaint,” “Answer,” and “Affirmative defenses.” We prosecute a claim. We defend a client. We argue, and argue, and argue. So, it is not surprising that after months or years of fighting, it is often difficult to set aside our differences and find common ground to sign a declaration of peace.

The question I’ve asked myself over the years is whether that really is the best approach to litigation. And even if the battle analogy is appropriate to the reality, does the same hold true for mediation when you come together with your opponent and, working with a third-party neutral, try to agree on a solution? I think not...

January 23rd, 2023|News|

Preg, O’Donnell & Gillett Names Daniel Rankin as Partner to the Firm

The partners of Preg, O’Donnell & Gillett are pleased to announce that Dan Rankin has been named partner to the firm.

Dan was recently recognized by SuperLawyers as a Rising Star. He specializes in Construction and Commercial defense litigation, as well as appellate work. Dan looks forward to continuing to expand the firm’s work on complex and commercial disputes and appeals.

January 2nd, 2023|News|

Do You Trust Your Mediator? If Not, Get a New Mediator

As important and elusive as trust may be between the parties in a mediation, it is even more important that it exist between the parties and the mediator. Because without trust, there is little chance a party will be willing to compromise their hard fought and well defended position.

To ensure that trust, what should you look for when considering a possible mediator? A short list should include the following: (1) a genuine interest in helping your client; (2) a positive demeanor; (3) integrity with the process; (4) and demonstrated competence. So let’s talk about each of these in the context of mediation...

December 9th, 2022|News|

Announcing our new practice area: Third-party neutral Mediation

We are happy to announce that we have launched a new Practice Area focused on Mediation. Our experience in alternative dispute resolution, coupled with ever increasing industry demand, has helped position us to offer mediation services as a third-party neutral.

“Our approach is reflective of our deep commitment to impartiality, respect and successful outcomes for both parties,” said Managing Partner Eric Gillett.

December 9th, 2022|News|

A Three-Legged Stool — Balancing Strategies for Mediation: The ABC’s For Successful Mediations

by Eric Gillett, from the King County Bar Association’s BAR Bulletin

When I began my litigation practice more than 35 years ago, mediation of tort claims was in its infancy. And because I began my practice in Anchorage, Alaska, it was almost embryonic. Private mediators did not yet exist. Instead, we brought our disputes before the judge who was assigned to try the case. I recall more than a few instances where the judge advised one party or the other that if they did not get “on board” with settlement, they should remember that the same judge would be ruling on their pre-trial motions and the evidence during trial. That felt like a threat, probably was, and sometimes it worked...

November 1st, 2022|News|

In remembrance: William Fitzharris

Bill Fitzharris (William Edward Fitzharris, Jr.), known to his friends as “Fitz,” was a skilled attorney and trusted mentor to younger colleagues in the Preg O'Donnell & Gillett office. His kind heart and soft manner helped many times to give attorneys a better perspective on an otherwise stressful legal conundrum. He acted as an arbitrator of legal disputes between lawyers and clients. He also had the role as the firm’s ethics attorney, a position he held until his death.

October 3rd, 2022|News|