Articles

Preparing for the defense expert’s deposition “I see you wrote a book on the topic you’re here to discuss,” said the lawyer to the expert during the expert’s deposition. “Yes, I did. Unfortunately,” the expert appeared to simultaneously shrug and smirk, “it is no longer in print.” “That’s true,” said the lawyer while reaching into the lawyer’s messenger bag, “but...

The trial lawyer and appellate lawyer’s delicate pas de deux The lawyer smiled inside as the clerk finished reading the verdict. Substantially more than the defense’s last offer. The lawyer buzzed a bit while taking down the jury polling and as the judge said a final “thank you” to the jury. Then the lawyer went outside to get feedback from...

Overcoming the inherent challenges when negotiating policy limits cases “I have good news and bad news,” the mediator started, “The defense is ready to make a new offer. But they want you to move off your policy demand before I have authority to extend the offer. They say it is your move.” That was true. It was the lawyer’s move....

Identifying and proving mild traumatic brain injury – when should you make a TBI claim? “Well, I don’t remember all of what happened. I woke up in the ambulance. Things were kind of fuzzy after that.” The lawyer was talking to a potential client. The emergency room had given the injured person a concussion recovery handout. The individual doubted there...

Identifying and proving wage loss without a W-2 The lawyer listened to the client as the client explained the client’s earnings history. “Since the incident, I don’t have the strength to do big procedures. I have to turn those down.” The client was a surgeon. The lawyer looked at the profit and loss statements, which showed almost identical income in...

Meet the staff who control the courtroom The lawyer, opposing a summary judgment motion, answered the judge’s question. Earlier, the lawyer had noticed an individual with a notepad quietly sit down in the witness box as their line had been called. The lawyer recognized the individual from past visits. One of the department’s two research attorneys. As the lawyer distinguished...

Experts need to show, tell and teach. You need to empasize your expert’s objectivity and defuse the common defense attacks The young lawyer cringed when the treating vocational rehab expert, testifying in a civil trial, said “insurance.” Yes, the expert was referencing workers’ compensation insurance. While not a veteran expert, it was the young lawyer’s witness and the young lawyer’s...

The art of crafting a complaint…and avoiding a demurrer The lawyer knew the case was unusual. There was a worry the other side wouldn’t get it – that there would be significant pleading battles. The lawyer worked hard to put in the right combination of facts plus a case citation for the unique cause of action. That may stave off...

Deciding how to make decisions, and what decisions to make The lawyers finished trial for the day. As the lawyers headed to the motel, one of them asked the other, “What about dinner?” The first lawyer responded, “I don’t care – I just don’t want to have to decide.” The lawyer had heard somewhere that a trial lawyer makes an...

The world will not end if you reply a few hours later: Managing device interaction for a more productive, fulfilling life The lawyer walked along the busy sidewalk. Stepping to the side, the lawyer narrowly avoided contact with an oncoming pedestrian – the pedestrian more interested in a firmly grasped phone than the pavement ahead. Another person, wielding a selfie...