Articles

Experts need to show, tell and teach. You need to empasize your expert’s objectivity and defuse the common defense attacks The young lawyer cringed when the treating vocational rehab expert, testifying in a civil trial, said “insurance.” Yes, the expert was referencing workers’ compensation insurance. While not a veteran expert, it was the young lawyer’s witness and the young lawyer’s...

The art of crafting a complaint…and avoiding a demurrer The lawyer knew the case was unusual. There was a worry the other side wouldn’t get it – that there would be significant pleading battles. The lawyer worked hard to put in the right combination of facts plus a case citation for the unique cause of action. That may stave off...

Deciding how to make decisions, and what decisions to make The lawyers finished trial for the day. As the lawyers headed to the motel, one of them asked the other, “What about dinner?” The first lawyer responded, “I don’t care – I just don’t want to have to decide.” The lawyer had heard somewhere that a trial lawyer makes an...

The world will not end if you reply a few hours later: Managing device interaction for a more productive, fulfilling life The lawyer walked along the busy sidewalk. Stepping to the side, the lawyer narrowly avoided contact with an oncoming pedestrian – the pedestrian more interested in a firmly grasped phone than the pavement ahead. Another person, wielding a selfie...

Brainstorming cases and maintaining relationships The lawyer tucked into the hamburger. Delicious. The person sitting across from the lawyer continued the discussion. “Frankly, I think the witness’s felony is a huge issue. I’ve got a motion in limine for you there. Email me and I’ll send it to you.” The lawyer pulled out a phone to send the email right...

Considerations when representing multiple plaintiffs in the same case The lawyer sat with the potential client. “So, the cab just slammed on its brakes on the freeway on-ramp for no reason?” “Yes. We went flying when our shuttle bus crashed into the back of it. Say, several of my co-workers on that shuttle were also hurt. Can they retain you...

Lawyers learn and improve by watching trials The lawyer scooted into one of the rows in the courtroom gallery. Squeezing between people, it felt like a trial lawyer reunion. Eight-figure hitters, front page newsmakers – a veritable Who’s Who of the plaintiff bar. The word had gotten out – some of the best trial lawyers in the business were closing....

Weeding through medical marijuana issues The lawyer sat in deposition, pondering. The collision occurred at 9:30 a.m. on a workday, and the defendant was headed home, feeling poorly. Why had the defendant pulled off at a tourist overlook, where the collision occurred? “If you had not struck my client and his bicycle with your car, what had you planned on...

Answering discovery helps one gain greater appreciation of the case The lawyer looked at the incoming mail. Happy happy, joy joy. The defense sent an enormous pile of discovery with the Answer. Contention interrogatories, requests for admission, production… a lot of questions. Time to craft a response plan. Before the pile arrives – the questionnaire We know that pile will...

UIM may be the best insurance anyone can buy; but pay attention to the details The cyclist pedaled along the rural road. From behind, the cyclist heard a diesel engine rumble. The heavy-duty pick-up roared toward the cyclist. The driver, letting the cyclist know that roads are for engines, brought the truck as close as possible to the cyclist for...