Articles

Traps for the unwary in government-claim land and the Roster of Public Agencies The incident happened on county fairgrounds. The client was referred long after the government claim and late claim application windows had closed. But the fairground entity was odd. It called itself a county fair, yet had a .com address. It had a CEO, not a director. It...

A cross-country trip The lawyer woke on the couch at 6:00 am Sunday morning, his head pounding. The past night was a blur – he knew he drank too much. He also knew his wife was upset – it was his first time on the couch in their 10 years together. He grabbed his bag and headed for the airport....

The lawyer’s phone rang. “Hold on,” he said as he answered. He left the bustle of the hotel lobby. “Yes?” The voice talked on the other end. “Tomorrow?” the lawyer asked. “Sure. I’ll be there by noon.” He hung up, slid his laptop into his bag, and started walking for the train station. Today’s mobile office Between depositions, meetings, conferences,...

“Playing from the witness’s deposition, page 33 lines 3-22. And while I wait for Mr. Defense to review it, I note that the exhibit referred to as Exhibit 3 is now plaintiff’s trial exhibit 32. It has also been admitted as defense exhibit J.” The lawyer looked over at the jury, who were taking detailed notes. Unbeknownst to him, the...

The mediator came into the room, shutting the door behind her. She looked downcast. “The folks in the Red Company room are fighting with the folks in the Black Company room over whether the insurance coverage was properly tendered. And apparently there’s an excess carrier who has just heard about this yesterday. Why are you here right now?” “Because,” the...

The lawyer, out on a friendly charity bicycle ride, began the descent. Quick up the hill, but typically more cautious down, he felt pressure from behind – other riders wanting to speed down the steep one-way road. Against his better judgment (but goaded by ego), he picked up speed. Attempting to channel his inner Peter Sagan, he went into a...

The lawyer answered the phone. “A friend of yours? Involved in a rear-ender? Well, sure, that’s a clear liability personal injury case. I don’t usually handle them, but it sounds easy. Order some medical records, make a few phone calls, send out a demand package, negotiate, and settle the case. What could possibly go wrong?” What is a MIST case?...

The defense lawyer, cross-examining the plaintiff, began the wind up. “So, if I understand you correctly, your back injury prevents you from doing the things you used to enjoy.” “Correct.” “Before the accident, you used to enjoy hiking. But last July, you went to a trailhead, made it a half mile up the trail, and were unable to go the...

The lawyer was cross-examining the defendant. “Just before your car struck my client, you were traveling 35 miles per hour.” “No. I had slowed to 10 miles per hour." “Playing video from the defendant’s deposition, page 32, lines 5-14.” The lawyer waited for the defense counsel to confirm there was no objection. The lawyer then played the video. The same...

The lawyer began his adverse witness cross-exam. The lawyer handed the witness a document. “Mr. Witness, I’m handing you what has been marked as Exhibit 32, a contract between you and XYZ Corp.” He got the exhibit admitted quickly. But two hours later, the lawyer was still asking questions about the contract without the jury having seen it. The jury...