So, as far as I can tell, we are in the new normal and that involves hybrid work environments for lawyers. I was visiting lawyers recently and their office park in Montgomery County was 90% empty of cars. That is the same for my large suburban office park. This should not be news to youse. This is my experience as …
I Know I Am Winning At A Deposition When Defense Counsel Starts Barking Nonsense At Me
We have thick skins as lawyers. I operate every day in a professional world where someone on the other side is paid to try to make me look bad or prove I am wrong or argue that I am lying to them. So, I am used to pushing my view loudly and forcefully. Sometimes, when faced with lawyers on the …
The End Of Personal Injury Law As We Know It?
As Michael Stipe sang about 20 years ago, it’s the end of the world as we know it…. Well, that was 20 years ago or 40 and we are still here. So, that may be a bit much, but the one thing we learned from the covid pandemic was that it is prudent to spend a little more time thinking …
Productivity and Lawyering
I was recently taking my required CLE or continuing legal education and happened to hear a lecture about productivity for lawyers. Productivity or efficiency is just always a struggle for me. I like to get deep into my cases, like a pig rooting around in mud or a bear picking over garbage. But, only really at trial do you have …
Patience Young Grasshopper: Cases Take a While to Resolve
I like to know the ending of things before they get going. In Kung Fu, the old master is always reminding the student to be patient above all things along the path of life. I am not patient. I have been waiting for tomatoes in my garden to turn red for a month now and am tired of waiting. Nevertheless, …
HEAVEN CAN WAIT: WHAT HAPPENS IF YOU DIE WITHOUT A WILL AND YOU HAVE A CASE ONGOING?
First, it is fairly routine for regular practitioners to pursue claims for dead clients. Lots of things go into dealing with the deceased client who was a plaintiff or had a claim. So, what happens? First, for ethics reasons, I have to notify the other side that the client died. You cannot negotiate saying the client is damn sure coming …
OTHER SPECIAL RELATIONSHIPS (HIPAA)
HIPAA, the Health Insurance Portability and Accountability Act, is the basis for the forms you sign when you go to your doctor’s office. Your signature indicates that you agree that it is okay for your doctor to share your health information with insurers, who pay for your care, hospitals, other doctors, etc. People periodically are incensed and call me complaining …
ERISA: INCREDIBLY SIGNIFICANT AND INCREDIBLY BORING
This is easily the most boring and most significant federal law I deal with on a weekly basis. ERISA is a borderline impenetrable area of the law. Basically, the federal government created a system whereby health plans and employer sponsored health plans and other employer benefits enjoy really special benefits. The stated purpose of ERISA is to allow large companies …
MENTAL HEALTH PROVIDERS IN PENNSYLVANIA
People often call me with claims that they were mistreated or the victims of perceived malpractice by mental health providers. Claims range from people believing that they were improperly 302’d or had medications switched with bad side effects or were otherwise mistreated. These calls almost uniformly do not turn into actual cases. The aggrieved person may be correct and may …
PROBLEMS IN PHILADELPHIA AND MY PERSPECTIVE
How you look at the world is colored by your background, education, race, politics, etc. Many of my clients initially see me as an overfed (meaning the diet is not working) white lawyer and think I am a trump fan, which I am not. But, that is their perspective. Pre-Covid, I would meet every client in their home, regardless of …