Articles

The lawyer finished rebuttal and sat down. He looked at his watch. Two hours and fifty-four minutes – for his opening, witnesses, and closing. Only six minutes shy of his three-hour time limit. He knew the expedited jury trial timing would be tight, but wow – that was tight. His estimates paid off. The only thing remaining – the jury’s...

The lawyer looked at the satellite view. The client had circled where the injury occurred – in the midst of a plaza. The injury? Straightforward. Who owned the plaza? A little more complicated. The pondered how to find the culpable defendant. He faced the issue many do in a premises case. You want to locate the responsible parties – name...

The lawyer sat there doing the math. Expert costs, jury fees, and a court reporter for a three or four day trial would eat up most of any recovery. But the settlement offer just wasn’t fair for the client. If only there was a way – a way the insurance company would accept – to efficiently try the case. There...

The lawyer sat with his unhappy client at mediation. The defense’s final offer: generous in light of trial’s risks. But the client was not pleased. “After costs and your attorney’s fees, and that medical lien thing you were talking about, there’s not enough to take care of me. I need more!” The lawyer started explaining the significant risks trial posed...

Something came up for opposing counsel at the last minute. He didn’t show. That left us – the court reporter, videographer, and me – sitting in the conference room with the treating doctor deponent. The one who had been too busy, according to his office (disinterested, I suspected) to meet me face to face. “Doctor, while you’re here,” I began…...

The defense was putting on its case. The lawyer, a trial veteran, was good. But not great with time estimates. Adding to the pressure: a trial judge who made it clear that there must be a ready witness waiting to take the stand – no delays – or there would be dire consequences. An example? The judge’s statement on the...

At some point, you’ll realize it is time. Time for a change in your practice. The reasons can be varied – bigger firm, smaller firm, crossing the v, perhaps even leaving the law entirely. People change jobs several times during a career. There’s no stigma associated with it. The reasons don’t matter. What does is how you approach it. Know...

The voice on the phone asked, “Are you Miles Cooper the lawyer?” (Yep, I am.) “Not Miles Cooper the financial advisor?” (That would be my father.) The caller was a social worker calling from a hospital. She tracked me down on behalf of a long-lost relative. His legal problem, surprise surprise, was not how to add me to the will….

You have the product liability case of a lifetime. The Complaint’s been filed. The Answer is in. Discovery time. You sit down and craft a discovery plan. Fine-tuned. Perfection. You send it out and receive – blanket objections. The litigation world’s joyous middle finger equivalent. Steaming, you decide you will crush them. You begin banging out a meet and confer...

Coming soon to a courtroom near you: “Mr. Expert, can you tell us what upcoding is and whether you found it in Dr. Smith’s billing for treating the plaintiff?” the defense lawyer asked her medical coding expert. “Upcoding is an industry term. We sometimes see doctors use more expensive billing codes, known as ICD codes. Billing can be nuanced. Many...