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 …
I HAVE NEVER SUED SOMEONE BEFORE
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 …
DO YOU NEED THE PUNISHER OR MY COUSIN VINNY?
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:
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?
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 …