Articles

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...

Using jury instructions for more than just instructing juries The firm principal threw open the door from his office and stomped down the hall. “Who wrote this?” He clenched a draft mediation brief in his hands. A new associate started to duck into a doorway. The principal, sensing movement, called out. “You, get me CACI!” “Casey?” the associate asked. “CACI,...

Crafting language for maximum effect The lawyer did a final review of the Mandatory Settlement Conference Statement. The statement’s introduction captured the facts perfectly, the lawyer thought, reading it to himself. “On 4/10/2014 at approximately 10:00 a.m., John Doe was legally in a marked crosswalk, crossing with a green light, from the northeast corner to the southeast corner of Main...

How rational case decisions can lead to irrational outcomes The lawyer analyzed the case when it first came in. Clear liability. Objective injuries. Decent insurance coverage. It should resolve after ordering the medical records, doing a strong demand package, and doing some lien resolution work, right? Or so the lawyer thought. Now, many depositions in and a week before expert...

Get the lay of the land well before trial call The lawyer, running on the late side for trial call, ran from the garage. He looked across the street and saw a line. This was no ordinary security line. It stretched from the front door, down the block, past the government offices, and disappeared around the corner. After a 40-minute...

Traps for the unwary in government-claim land and the Roster of Public Agencies The incident happened on county fairgrounds. The client was referred long after the government claim and late claim application windows had closed. But the fairground entity was odd. It called itself a county fair, yet had a .com address. It had a CEO, not a director. It...

A cross-country trip The lawyer woke on the couch at 6:00 am Sunday morning, his head pounding. The past night was a blur – he knew he drank too much. He also knew his wife was upset – it was his first time on the couch in their 10 years together. He grabbed his bag and headed for the airport....

The lawyer’s phone rang. “Hold on,” he said as he answered. He left the bustle of the hotel lobby. “Yes?” The voice talked on the other end. “Tomorrow?” the lawyer asked. “Sure. I’ll be there by noon.” He hung up, slid his laptop into his bag, and started walking for the train station. Today’s mobile office Between depositions, meetings, conferences,...

“Playing from the witness’s deposition, page 33 lines 3-22. And while I wait for Mr. Defense to review it, I note that the exhibit referred to as Exhibit 3 is now plaintiff’s trial exhibit 32. It has also been admitted as defense exhibit J.” The lawyer looked over at the jury, who were taking detailed notes. Unbeknownst to him, the...

The mediator came into the room, shutting the door behind her. She looked downcast. “The folks in the Red Company room are fighting with the folks in the Black Company room over whether the insurance coverage was properly tendered. And apparently there’s an excess carrier who has just heard about this yesterday. Why are you here right now?” “Because,” the...