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All Posts By

Miles B. Cooper

1.1.17 Righteous!

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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...
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20.4 Boxing day

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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...
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1.1.16 Managing expectations

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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...
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7.2 Demanding times

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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...
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17.6.4 Entirely Impartial

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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,...
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1.1.15 Work The Room

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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...
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20.3 Lien Times

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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...
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1.1.14 Efficiency Unit

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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...
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15.5.5 First Dance

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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…

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4.5 Road Rage

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Intentional acts, insurance/defendant friction, and creating collectability As the car intentionally kept edging over to close off the available road space to the adjacent bike messenger, the messenger deployed a long-used technique. Suddenly accelerating, the messenger dropped a hand down to side mirror level, gave a casual wrist flick while passing by, and popped the passenger side mirror backward. No...
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