Articles

Strategic uses for requests for production The lawyer opened the file sent over by the defense. The lawyer had sent a request with 50 categories. The defendant’s responsive documents? Nine pages, none responsive. Time to take a different approach. The basics Requests for production are one of the three written discovery tools. Unlike interrogatories and requests for admission, production requests...

When it’s ajar! Strategies for prosecuting bicyclist dooring cases The client explained what happened. “I was riding as close to the right as I safely could. There was a fair amount of traffic, and I did not want to be in the way. I’m pretty good at looking out for car doors, but suddenly a door popped open. The corner...

Developing and drafting discovery before filing suit The lawyer typed while the expert rattled off a laundry list of “like-to-haves” in the case. The lawyer had reached out to the expert shortly after undertaking representation. The goal was to develop a discovery plan well before filing suit. The lawyer would then be able to get the information the expert needed,...

Getting the most out of a Mandatory Settlement Conference The lawyer walked down the Frank Lloyd Wright-designed hallway in the court section of a county building so unique it was used for a science fiction movie years ago. The client sat waiting on a bench, while other attorneys milled about waiting for courtrooms to open. The lawyer nodded a hello...

Pointers and pitfalls when a client is entitled to workers’ comp benefits The client described the incident to the lawyer. “I was a sprinkler fitter working for a subcontractor. The general contractor was supposed to build access platforms for us. They hadn’t built them yet but told us we needed to start work. I was trying to get to the...

Helping the addict in our midst take steps toward recovery Over the past few months, the lawyer heard various stories. “Pat is going to die,” said one. “I’m worried about Pat’s drinking. It’s worsened during the pandemic,” said another. Pat was another attorney, one the lawyer drank with back in the rootin’ tootin’ days, when after the party came the...

Evaluating bicycle product-liability cases involving carbon-fiber parts The lawyer looked at the images. Some showed various angles of a broken bicycle fork. Others depicted the client’s damaged face. One didn’t need a radiologist to recognize the orbital fractures. As the lawyer enhanced the fork image, the obvious question arose. Did the fork snap, causing the crash? Or did the client...

Concluding client representation at the end of a case; make it worthwhile for you and your client The lawyer was looking forward to the next item on the day’s calendar, a client-exit interview. These calls were set after the formalities of the case were concluded. “Pat,” the lawyer started out, “Thanks for making some time today. As I understand things,...

Settlement efforts before filing suit are worth the effort The lawyer’s phone buzzed. “The new adjuster in the Jane Doe case is on the other line.” The lawyer asked that the call get put through. It became apparent the out-of-state adjuster was unaware of California’s Vehicle Code section 22517, known in bicycling circles as the dooring law. The lawyer asked,...

Practical and tactical use of requests for admissions The lawyer read through the defendant’s responses to requests for admissions. Surprise, surprise – nary a straight admission nor denial. And a flurry of “calls for a legal conclusion,” and “calls for expert opinion,” objections. Totally inappropriate, and totally expected. Admissions are frightening – admit it and the answer cannot be changed...