Articles

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...

Track down all the incident reports and data to gain a better understanding of what happened The lawyer investigating the incident tried to piece it together. One bicyclist. One driver. A police report lacking detail (and witnesses). A classic “he said, he said.” As the lawyer sat there, the mail arrived. In it, an envelope with a disk and a...

The right mediator makes the process go so much smoother The lawyer looked over the opposing counsel’s list of proposed mediators. A couple retired judges, plaintiffs’ lawyers, and one defense lawyer. He thought about the case and pondered the list. All were good but who was best for this case? Selection criteria Most cases settle, and most settle in mediation....

Shifting the driver-centric focus in disputed-liability bike and pedestrian cases The lawyer felt ill reading the letter. Not surprised, but saddened. Both with the case specifically and humanity in general. The case involved a driver who struck the lawyer’s client from behind. She in her car. He on his bicycle. At 65 miles per hour, in broad daylight. The cyclist...

Opposing summary judgment helps ready a case for trial It arrived in one of those big space-age tear-proof fabric envelopes. Thick enough to require two-hole prongs at the top instead of staples. And a title that made the lawyer sigh deeply and think, “Well, there goes a month of my life.” Yay. The motion for summary judgment. Expect us One...