[Setting: A rural, conservative gem of a county in middle Alabama. Plaintiff’s counsel is with one of the more well known personal injury firms in Alabama. The plaintiff himself is a dullard of a fellow, who poses me no danger of charming the jury. The judge is a charismatic guy who is wisely using this […]
My article “The Trouble with DOT Medical Examinations and Reports” has appeared in DRI’s In Transit newsletter. In it I discuss how a commercial driver gets medically and physically qualified to drive a commercial vehicle, and some of the systematic problems that have arisen within the existing framework.
Sometimes you’re going to have a client who wants his day in court. That client may be a plaintiff who says he’s interested in justice, not money. But unless your client is Taylor Swift, who sued someone for $1 for sexual misconduct, it’s unlikely that the client is truly not interested in a monetary award. […]
For my inaugural appearance on what I expect to be a monthly piece for the ABA Journal, I wrote about the propriety and wisdom of arguing with a judge. I posed this question to several lawyers: “When does something matter enough to argue with a judge about it?” As with all the other times I’ve interviewed […]
You may be a good lawyer, or even a great lawyer. You may regularly achieve favorable results for your clients at mediation or trial. Every party deposition you take may provide impeachment material that will render the plaintiff a disreputable puddle of deceit on the witness stand. But if you aren’t providing meaningful communication and […]
No new post today. I hope you and yours have a wonderful holiday season.
In some ways, the possibility (or even likelihood) that two experienced attorneys can arrive at widely disparate valuations of the same personal injury case is almost inexplicable. But it happens … all the time. Part of it can be explained as each lawyer having self-serving motives. The defense lawyer is trying to save his client […]
About a year into practice, I was being sent to my first solo district court trial. For those of you not practicing in Alabama, district court trials are bench trials with damages capped at $10,000.00. There is no discovery permitted. The Rules of Evidence usually get a little loosy-goosy. It’s basically the wild West. Well, […]
In 2015, the discovery rules contained in the Federal Rules of Civil Procedure received a massive overhaul. The intent was to place the burden on the parties to establish a more level playing field in discovery matters, and to encourage reasonableness, proportionality, and cooperation among the parties. Federal Rule of Civil Procedure 26(b)(1) was amended […]
Since early childhood, I have been a Braves fan. The last few years have been a pretty tough go, which has helped to weed out the bandwagon fans who rallied behind the team during their run of 14 consecutive NL East division titles (1991-2005). Despite the glory having run out, the Braves have still had […]