Miles B. Cooper

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...

Mediators need our help to settle cases successfully The lawyer, walking downtown, ran into a mediator he had not seen in a long time. They exchanged hellos and the mediator began telling the lawyer about the day’s frustrating mediation. “The plaintiff’s lawyer in today’s case told me, ‘Go work your magic.’ He gave me a mediation brief the morning of...

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...