Articles

Helping the addict in our midst take steps toward recovery Over the past few months, the lawyer heard various stories. “Pat is going to die,” said one. “I’m worried about Pat’s drinking. It’s worsened during the pandemic,” said another. Pat was another attorney, one the lawyer drank with back in the rootin’ tootin’ days, when after the party came the...

Evaluating bicycle product-liability cases involving carbon-fiber parts The lawyer looked at the images. Some showed various angles of a broken bicycle fork. Others depicted the client’s damaged face. One didn’t need a radiologist to recognize the orbital fractures. As the lawyer enhanced the fork image, the obvious question arose. Did the fork snap, causing the crash? Or did the client...

Concluding client representation at the end of a case; make it worthwhile for you and your client The lawyer was looking forward to the next item on the day’s calendar, a client-exit interview. These calls were set after the formalities of the case were concluded. “Pat,” the lawyer started out, “Thanks for making some time today. As I understand things,...

Settlement efforts before filing suit are worth the effort The lawyer’s phone buzzed. “The new adjuster in the Jane Doe case is on the other line.” The lawyer asked that the call get put through. It became apparent the out-of-state adjuster was unaware of California’s Vehicle Code section 22517, known in bicycling circles as the dooring law. The lawyer asked,...

Practical and tactical use of requests for admissions The lawyer read through the defendant’s responses to requests for admissions. Surprise, surprise – nary a straight admission nor denial. And a flurry of “calls for a legal conclusion,” and “calls for expert opinion,” objections. Totally inappropriate, and totally expected. Admissions are frightening – admit it and the answer cannot be changed...

Mediations succeed when clients know what to expect before they go The lawyer and client spoke about the upcoming mediation. The client understood things, up to a point. “I get it. So the mediator goes back and forth, and tries to get us to agree to some number to settle?” The lawyer confirmed. “And if we can’t agree, this retired...

Rapport building with clients, counsel, and co-workers in socially distant times The lawyers sat at the dinner table with their children. “How are you liking Zoom karate?” one of them asked. Their eight-year-old told them karate was fine, but he missed his friends. The lawyer followed up, “You see them during class, don’t you?” “Yes,” the child said, “But it’s...

The future is not ours if we do nothing to safeguard it The former lawyer looked out past the grimy tent flap fluttering in the wind. A keening arose a few structures over – another shantytown resident hadn’t made it through the night. Starvation? The disease? The lack of desire to go on? Who knew. So much death in the...

The pandemic and the jury trial: Are they contradictions in terms? The lawyer, on Zoom, listened to the judge at a status conference in an ongoing complex fire case. “Listen, I’m going to be direct. The criminal case backlog – and I’m talking no time waiver and murder cases – is overwhelming. When it comes to picking a jury, well,...