Articles

Subtitle: Giving a novice expert guidance can significantly improve the outcome A last-minute flurry of activity before expert disclosure. One of the experts had a conflict—couldn’t make the trial. She suggested a colleague, “He’s outstanding, brilliant.” A phone call, a chat, he seemed great. In the midst of preparing for his deposition, the replacement paused. “I did tell you this...

Good or bad, our superstitions and “spidey-senses” give us confidence In the cold early morning, with pockets of mist clinging to the ground, a fox ran across the street on our way to trial call. It got to the other side, glanced back toward us, and took off into the brush. We were assigned out for trial, went to the...

Special operations teams take on numerically superior opponents with planning, speed and decisiveness. Their tactics might help you win your next trial.[1] “Next, we’re going to learn about the spine.” The lawyer was giving his opening. The projector made a loud pop. Instead of a spine, darkness. Blown bulb. Anyone who has experienced this learns that a projector bulb is…

Metadata as blessing and burden The settlement agreement I drafted took a lengthy path before it came back to me. My opposing counsel’s assistant opened it first. Then it was forwarded to an associate. The associate opened it, modified it, closed it and emailed it to someone at the insurance company. Another modification there. Back to the associate, who opened...

For some, it is the first gray hair. Or a need for eyeglasses. Perhaps some new crinkles around those eyes. At a certain point, we recognize we are getting older. And yes, it will happen at some point to you, too, youngsters reading this. For me, the defining moment was trying to understand Twitter. See, I’ve always thought of myself...

Sometimes, large influxes of money can hurt instead of help unless there is planning involved We settled a case for an individual with a career-ending injury. At the mediation, we spoke about various options that were available. Our client talked about the possibility of buying a home, and considered a structured settlement—an option we left open for him to think...

The mediator, just finished with the preliminaries, turns to the plaintiff’s lawyer. “Anything you’d like to say to the other side while we’re all here?” The plaintiff’s lawyer responds. “We’ve said pretty much everything in our brief.” He points to a brief in front of him -- on pleading paper, with some exhibits attached to the back, and it withholds...

Bridging the gap Our client and her husband were using their truck to tow an empty horse trailer. It broke down on the Bay Bridge. Her husband got out of the truck to look at the problem when a drunk and uninsured driver struck the trailer. It pinned her husband between the truck and trailer. CHP was on scene in...

My phone rang—it was Jane, a client who was severely injured in a car crash. The driver had $100,000 in coverage. Jane had $100,000 in uninsured/underinsured (UIM) coverage. She and I talked about the importance of liability insurance—to protect her should she hurt someone—and UIM policies. Too late for this incident, but a lesson I cover with anyone who sits...