ATTY. Robert J. O Connor
PHILOSOPHY
"Always do right. This will gratify some people, and astonish the rest." - Mark Twain
OVERVIEW
Robert O'Connor is a practicing lawyer and has been an active member of the CNMI Bar since 1985. Robert regularly appears before the Superior and Federal Courts of the Commonwealth and has appeared before the Ninth Circuit Court of Appeals. His practice is now focused on acting as a mediator and handling certain aspects of complex litigation with off-island counsel.
HISTORY
Robert O'Connor headed the Riverside and Ventura County District Attorney Consumer Fraud Divisions in California before coming to the Commonwealth in 1983 to help establish its new Attorney General's Office in 1983. After a stint as the Acting Attorney General, he established this law firm on Saipan in 1985.
Robert argued the first case ever filed before the Commonwealth's Supreme Court in 1989 (Supreme Court case file 1 N.M.I. 1, Tenorio v. Superior). Robert, together with Michael Dotts, formed what became the largest law firm in Saipan (formerly O’Connor, Berman, Dotts & Banes). Robert and Michael, together with Michael Berman of Guam, helped launch the Pacific Lawyers network.
Robert now mostly retired, focuses on mediation, and is a court-certified mediator. He also assists with certain complex litigation and takes an occasional case that interests him.
During his long career, Robert concentrated his practice on governmental lobbying, complex litigation, construction law, legal malpractice, and casino gaming. He was the lead counsel for the Commonwealth Garment Manufacturers in their class action RICO action in U.S. District Court. He has represented the Tinian Casino Gaming Control Commission, Mitsubishi Heavy Industries, The Gap, Liz Claiborne, Levi Strauss, Sears & Roebuck, Lufthansa, Philippine Airlines, and Philip Morris, among other companies in the mainland and Asia.
PRACTICE AREAS
Alternative Dispute Resolution; Construction Law; Complex Litigation; and Insurance Defense.
EDUCATION
COMPLEX LITAGATION
MEDITATION
Tulane University; University of Michigan (B.G.S., 1971); University of San Francisco School of Law (J.D., 1974).
Work Prior to Coming to Saipan and Guam: Deputy District Attorney, Riverside, California, 1975-1979. Deputy District Attorney, Ventura County, California, 1979-1983. Instructor, Civil Procedure, Santa Barbara College of Law,
Tulane University; University of Michigan (B.G.S., 1971); University of San Francisco School of Law (J.D., 1974).
Work Prior to Coming to Saipan and Guam: Deputy District Attorney, Riverside, California, 1975-1979. Deputy District Attorney, Ventura County, California, 1979-1983. Instructor, Civil Procedure, Santa Barbara College of Law, 1980-1983.
Work on Saipan: Admitted to practice in Commonwealth of the Northern Marianas Islands (“CNMI”) since 1985. Deputy Attorney General and Acting Attorney General, Commonwealth of the Northern Mariana Islands, 1983-1985.
Areas of Focus:
Construction Law: 25 years
Litigation: 40 years
Mediation 10 years
MEDITATION
COMPLEX LITAGATION
MEDITATION
Mediation in the CNMI is a process where a neutral attorney who does not represent either party, called a “mediator”, helps the parties to the lawsuit discuss and try to resolve the case.
The CNMI Superior Court generally requires the parties in a case to mediate after the answer to the complaint has been filed and before the parties beg
Mediation in the CNMI is a process where a neutral attorney who does not represent either party, called a “mediator”, helps the parties to the lawsuit discuss and try to resolve the case.
The CNMI Superior Court generally requires the parties in a case to mediate after the answer to the complaint has been filed and before the parties begin a process called “discovery”. Discovery is when the parties can demand documents from each other and take statements from witnesses under oath at depositions. The discovery process is often very expensive. The general wisdom is that a mediation is more likely to succeed if it is held before the parties have gone to the expense of discovery.
The CNMI Judiciary maintains a list of attorneys who are certified to serve as mediators. The amount mediators may charge is limited by the Courts to $200 per hour. The fees charged by the mediator are split equally by the parties.
There are a number of different ways the mediation can proceed. Most mediations start with the parties together in a joint session with the parties and their attorneys. The mediator will describe how the process will work and explain the mediator’s role. Generally, the attorneys for the parties will then make opening statements. The mediator will then have the parties move to separate rooms and meet with the privately. The mediator will then shuttle back and forth between the parties.
The parties will have the opportunity to describe their cases to the mediator in the private sessions, and discuss what they hope to achieve in the case. The mediator will explore ideas for the resolution of the dispute with each side and try to find a way for the parties to reach a settlement.
It is important to note that while the CNMI Courts mandate that most cases go to mediation, the process remains "voluntary" in that the parties are not required to come to agreement. The mediator does not have the power to make a decision for the parties. All the mediator can do is to help the parties find a resolution that is mutually acceptable. The only people who can settle the case in mediation are the parties themselves.
Most mediations last a full day but there is no rule as to how long they will last. The mediator will keep trying to help the parties reach a settlement until a settlement is reached, or until it is clear to the mediator that a settlement cannot be achieved.
If the parties reach a settlement at the mediation, the mediator may help write up their agreement into a written contract. That contract will be enforceable by the CNMI Court.
If the parties fail to reach a settlement, the mediator will certify to the CNMI Court that the parties tried, and the Court will release the case for discovery to start.
COMPLEX LITAGATION
COMPLEX LITAGATION
COMPLEX LITAGATION
Every business will face a lawsuit at some point in time. Most lawsuits are simple. They may be related to an issue with a lease, or a contract dispute with a vendor, or a lawsuit brought by a former employee. Most good lawyers can help with these garden variety lawsuits. However, complex litigation is a little different.
What Makes Some
Every business will face a lawsuit at some point in time. Most lawsuits are simple. They may be related to an issue with a lease, or a contract dispute with a vendor, or a lawsuit brought by a former employee. Most good lawyers can help with these garden variety lawsuits. However, complex litigation is a little different.
What Makes Some Litigation Complex?
Litigation is a term used to describe the process of pursuing a lawsuit in civil court through the court system. Civil court is different from criminal court. Only the government can bring criminal charges. Anyone can sue for damages in civil court. Cases brought in civil court are described as “civil litigation.” A “litigation attorney” is an attorney who brings or defends civil litigation.
While any lawsuit may be complicated, complex litigation refers to a specific type of large civil litigation that more often companies rather than individuals may face. Complex litigation includes cases with multiple parties, or cases filed in multiple jurisdictions. Large amounts of money are usually at stake in complex litigation. Complex litigation usually will involve lengthy trials, or complicated legal issues.
Class action lawsuits, construction contract disputes involving multiple subcontractors, international arbitration ad the enforcement of foreign judgement, are examples of complex litigation.
Dealing with Complex Litigation when it Arises
Complex litigation requires an attorney with experienced with these sorts of cases, or the cases can last for months and even years, draining company resources, and ending in a potential financial disaster.
The best way to address complex litigation if it arises is to hire a lawyer or law firm with experience in complex cases involving similar legal and factual issues. A good attorney experienced in complex litigation will honestly assess the client’s options, tell the client frankly what the case will cost and the chances of success, and help the client decide what options to take in dealing the with case.
If your company is facing a lawsuit that sounds like it may be more complex than the ordinary case, you should speak to an attorney experienced in complex litigation.