Articles

There’s a social-media world you need to know about The lawyer sat listening to a new client. The client, a cyclist struck by a car, explained the incident. “I know I was doing 25 because I had Strava running.” “Understood,” said the lawyer, “Did you upload the ride after the collision?” “Of course,” said the cyclist, “If it’s not on...

The best trial testimony comes from a prepared witness Late one night, the lawyer sat in his office, working on a summary judgment opposition. A terrible noise interrupted his focus. He went to the window. A car without tires – rims only – made a run up the steep San Francisco street outside the office. Valiant effort, but without rubber,...

The mechanics of jury selection The defense lawyer looked down at a field of post-its. “Your honor, the defense would like to thank and excuse Ms. Smith, juror number 17.” The judge’s head swiveled, lips pursed. “Number 17? Counsel, please approach.” Ask “dumb” questions During trial, no-one wants to look inexperienced. This is particularly true with jury selection. Scanning through...

Preparing for and attending the defense medical exam The defense doctor sat at the witness stand. “The plaintiff stated at the exam that she had no prior back injuries. This was incorrect, as demonstrated by her prior medical records. She is either an inaccurate historian or she’s motivated by secondary gain.” The plaintiff’s lawyer perched on the edge of the...

Inexperienced, opposing counsel requires special consideration The veteran defense lawyer got up and began his closing argument. “Ladies and gentlemen of the jury, I want to thank you for your time and attention in this lengthy case. I want to thank his honor, the court staff, the court reporter and my opposing counsel, Ms. McGuinn, for their hard work. The...

Where the funds go when resolving a minor’s claim (minor's compromise) requires due consideration The lawyer sat with his client’s parents in the mediation room. They discussed the final offer and determined it was acceptable. Time to settle their minor child’s case. The parents turned to the lawyer. “That’s a lot of money for a 12-year-old. Can you tell us...

Cameo witnesses and their importance in describing the impact of an injury The lawyer sat in his client Joe’s living room. “How have things been since the incident?” he asked. “Fine,” Joe replied. His hands gripped his amputation stump. The lawyer asked the question a few different ways. “Good, okay, making do, others have it tougher,” were Joe’s answers. Jurors...

Dangerous road surfaces and notice against governmental entities A beautiful morning. Jane Client was biking to work with a couple friends. As she approached an intersection, her front tire dropped into a crack – wide enough to swallow her tire but narrow enough to be difficult to see. Her front wheel stopped. The rider – and the rest of her...

Lessons learned from the bad-faith front lines The case was teed up for a post-verdict insurance bad-faith action. A formal offer to compromise under C.C.P. § 998 for policy limits, made after discovery responses were served and medical records produced. Economic losses alone over the policy limits. A good hook on liability. Multiple extensions requested – and given – on...