Articles

Successful time-limited pre-filing demands after C.C.P. § 999’s arrival The lawyer listened to the presenter. “For those of you wanting a solid bad faith case after an insurance company wrongfully fails to accept a pre-filing demand, there’s a new statute, and it’s a big deal.” The lawyer, who liked bad faith pivots as much as the next person, perked up...

An “on-shoulders-of-giants” primer on successful jury selection cause challenges Every fiber of the lawyer’s being crackled. Jury selection did that – spotlight attention on one prospective juror, peripheral awareness of all. They were discussing gay marriage, as the lawyer’s clients were gay and married. The prospective juror, a pastor, acknowledged, “Those people may have a legal right to be married,...

An introvert’s guide to surviving and thriving at industry events Our lawyer, shortly after passing the bar, was sent off to an industry party. The firm had an extra ticket. “Exciting!” thought the lawyer. Until the introvert-trending lawyer walked in. The people the lawyer arrived with saw friends, disappearing into pre-formed conversational circles, leaving the lawyer standing alone. A sense...

Evaluate healthcare liens at a case’s beginning, when you have the most leverage The lawyer made notes during the client call. “Your health insurance was through your union? The good news is I’m guessing they covered everything. The bad news is they have a right to reimbursement – known as a lien – and their rights are governed under federal...

Small changes can make big impacts in shortening a case’s duration Years ago, the lawyer listened to a presenter talk about representation agreements. “We ask the potential client to put the phone on speaker, open a browser, navigate to our website where there’s a hidden section, walk them through the terms, tell them where to put in their name, the...

Making the best use of first-dance mediations The lawyer spoke with the mediator a few days before mediation. A typical and useful check in. The mediator felt the defense wasn’t ready to pay the kind of money the lawyer was looking for, yet felt it would be useful. The adjuster needed to see how well the client came across. And…

Intentional acts, insurance/defendant friction, and creating collectability As the car intentionally kept edging over to close off the available road space to the adjacent bike messenger, the messenger deployed a long-used technique. Suddenly accelerating, the messenger dropped a hand down to side mirror level, gave a casual wrist flick while passing by, and popped the passenger side mirror backward. No...

Planning and executing an effective firm retreat The lawyers sat on the porch talking, the Golden Gate bridge in the distance. It was hard to imagine a place so quiet existed just across the bay. As they talked, their phones silenced, they were able to work through significant issues with a focus that rarely existed during the normal workday. It’s...

Examining common liability issues presented by e-bike cases The lawyer listened to the commuter’s description of the incident with sadness and without surprise. The commuter had recently purchased an e-bike. While the commuter had ridden bikes before, the commuter was not what the media might call an “avid cyclist.” The commuter and a car driver had mixed it up, and...

Helping people with multiple incidents The lawyer picked up a call from a client. “Oh, no. You were involved in a different collision? Are you okay?” The lawyer listened as the client provided information about what happened. An otherwise straightforward case just got a little more complicated. Eat what is offered to you Our former boss Bill Veen used to...