Skip to main content
 

Articles

Thought Leadership in Personal Injury

We believe sharing knowledge helps improve our profession. If you have questions about anything we’ve written, reach out. Discussing concepts helps us all hone our skills.

Most Recent

When wage loss doesn’t seem to add up

Past and future wage loss. What was and would have been versus what is and will be. Significant wage loss can drive case value. In a best-case scenario, your seriously injured client is a high-wage earner with indisputable wage loss. But how often is wage loss more nuanced? When wage loss is not crystal clear, it’s time to scrutinize the details.

Read more

Most Read

I feel your pain: the Gerry Spence method taken over the top

On Thursday, May 3, I met with Ms. B___ and her daughter. Ms. B___’s arm, specifically her radius, was shattered when she took a bad fall. Surgery, a plate, ten screws. I took notes as she told me how she could not work at the hospital for now and how difficult it was to care of herself. On Friday, May 4, I had a court appearance in Redwood City.

Read more

Most Powerful

The Stoic

The lawyers sat there, stunned. The doctor sat across from them, giving the couple time to absorb the information. Their three-year-old daughter’s cough and fever? Not pneumonia. Cancer. A tumor. A big one, crushing the little girl’s right lung. Rare – a few hundred reported cases. And tough odds. Chemo, a surgery, more chemo. A year-long process and the hope that it doesn’t recur… because recurrence with the particular cancer does not end well.

Read more

1.8 Learner’s permit

By Back to Coopers’ Code index
Finding mentorship and the rewards that come through good mentoring The lawyer sat watching the law school graduation. The audience seemed particularly jubilant. The school, which for over a century has provided law degrees for working people, attracted an amazingly diverse student body. Not just the first in the family to become a lawyer but for many the first to...
Read More

1.1.17 Righteous!

By Back to Coopers’ Code index
Building teams with the right people in the right seats The lawyer sat contemplating the right people, right seats concept. This was articulated by Jim Collins in Good to Great. Collins defines right people as folks who share a company’s core values and expand the company’s values-based culture. He defines right seat as a situation where a person’s role matches...
Read More

20.4 Boxing day

By Back to Coopers’ Code index
Making case closing an essential part of office hygiene The lawyer, reviewing some pre-trial documents, surveyed the living room. A rainy Sunday led to numerous children’s games, books, and toys laying about. One of the two children tromped down the stairs, into the living room. “Can we make popcorn and watch a movie?” The lawyer’s eyes widened, scanning the mess...
Read More

1.1.16 Managing expectations

By Back to Coopers’ Code index
Management for those of us who never knew we’d need to do it The lawyer thought back to law school. Socratic method. Rule against perpetuities. Outlines. Interesting stuff. Nothing, however, about managing people. Interesting, the lawyer pondered, because whether one works with a single assistant, runs a trial team, or oversees multitudes as managing partner, management becomes a core lawyering...
Read More

7.2 Demanding times

By Back to Coopers’ Code index
Successful time-limited pre-filing demands after C.C.P. § 999’s arrival The lawyer listened to the presenter. “For those of you wanting a solid bad faith case after an insurance company wrongfully fails to accept a pre-filing demand, there’s a new statute, and it’s a big deal.” The lawyer, who liked bad faith pivots as much as the next person, perked up...
Read More

17.6.4 Entirely Impartial

By Back to Coopers’ Code index
An “on-shoulders-of-giants” primer on successful jury selection cause challenges Every fiber of the lawyer’s being crackled. Jury selection did that – spotlight attention on one prospective juror, peripheral awareness of all. They were discussing gay marriage, as the lawyer’s clients were gay and married. The prospective juror, a pastor, acknowledged, “Those people may have a legal right to be married,...
Read More

1.1.15 Work The Room

By Back to Coopers’ Code index
An introvert’s guide to surviving and thriving at industry events Our lawyer, shortly after passing the bar, was sent off to an industry party. The firm had an extra ticket. “Exciting!” thought the lawyer. Until the introvert-trending lawyer walked in. The people the lawyer arrived with saw friends, disappearing into pre-formed conversational circles, leaving the lawyer standing alone. A sense...
Read More

20.3 Lien Times

By Back to Coopers’ Code index
Evaluate healthcare liens at a case’s beginning, when you have the most leverage The lawyer made notes during the client call. “Your health insurance was through your union? The good news is I’m guessing they covered everything. The bad news is they have a right to reimbursement – known as a lien – and their rights are governed under federal...
Read More

1.1.14 Efficiency Unit

By Back to Coopers’ Code index
Small changes can make big impacts in shortening a case’s duration Years ago, the lawyer listened to a presenter talk about representation agreements. “We ask the potential client to put the phone on speaker, open a browser, navigate to our website where there’s a hidden section, walk them through the terms, tell them where to put in their name, the...
Read More

15.5.5 First Dance

By Back to Coopers’ Code index

Making the best use of first-dance mediations The lawyer spoke with the mediator a few days before mediation. A typical and useful check in. The mediator felt the defense wasn’t ready to pay the kind of money the lawyer was looking for, yet felt it would be useful. The adjuster needed to see how well the client came across. And…

Read More