THE CALM BEFORE THE STORM

NeuwirthLaw Case Matters, For Lawyers, Uncategorized

So, summer has come to a close and now the real work of litigation kicks into high gear. Anything that was put off for summer reasons, whether good or bad, is now on the front burner. A lot of work was put off till after Labor Day and now we are going to be in the middle of a lot …

HEAVEN CAN WAIT: WHAT HAPPENS IF YOU DIE WITHOUT A WILL AND YOU HAVE A CASE ONGOING?

NeuwirthLaw Case Matters, For Lawyers, Sue The City

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 …

I HAVE NEVER SUED SOMEONE BEFORE

NeuwirthLaw Case Matters, For Lawyers

When I hear that from a new client or caller, that is generally a positive thing. It means that the person is hurt enough and pissed off enough to go find a lawyer to get some justice for themselves? About 80% of my clients have never filed a personal injury lawsuit before. Whether they actually have a case worth pursuing …

CROSS-EXAMINATION 101:

NeuwirthLaw For Lawyers

I like to think that preparing my client for defense cross examination at a deposition is important. I have sort of a standard set of instructions I give my clients about depositions and then work on the key facts of the case. I like to think in terms of themes to the case that can be regurgitated in a sentence …

DO YOU NEED THE PUNISHER OR MY COUSIN VINNY?

NeuwirthLaw For Lawyers

The Punisher seeks vengeance for the murder of his family. I am not the punisher. My clients however do want their vengeance. They want someone to be held accountable. Often, while I enjoy the punisher concept, the fumbling, humorous, cross-examination of Vinny in My Cousin Vinny is better at accomplishing the task at hand. What is the task? The task …

CROSS-EXAMINATION OF EXPERT WITNESSES:

NeuwirthLaw For Lawyers

Preparing to cross-examine a defense expert witness is part of every case that approaches trial. For most of the case, all that I have from the defense expert is a three-page letter relating the expert’s opinions and his curriculum vitae or resume. That is not much information to go on. A typical letter from a typical defense expert says that …

DO YOU LIKE WHAT YOU DO?

NeuwirthLaw For Lawyers

Before the pandemic most people, like 70%, hated their jobs. Once pandemic was in full force, a lot of people said I don’t want to go back to that stinking job and found another or quit and stayed home. Now, with the hints of recession around, people are scrambling to get back into the workforce. Nevertheless, the question remains, do …

THE DONALD TAKES THE FIFTH

NeuwirthLaw For Lawyers, In the News

Former President Trump invoked his fifth amendment protection against self-incrimination today in the investigation by the New York Attorney General’s office into civil fraud claims. Most likely, he was asked: “Did the Trump Organization provide one value to taxing authorities for Property X and a different value to financial institutions? Answer: I invoke my right not to answer. Why is …