Jeremy W. Richter, Author at Jeremy W. Richter

About Jeremy W. Richter

I’m Jeremy W. Richter. In addition to authoring this blog, I am Senior Counsel in the commercial litigation group at Gordon Rees in Birmingham, Alabama, practicing civil defense litigation. I am also the host of the Lawyerpreneur podcast, and the author of three books: Level Up Your Law Practice, Stop Putting Out Fires, and Building a Better Law Practice.

Losing Control of a Client During a Deposition

Jan 2, 2017

There are going to be occasions when you do everything you could or should have to prepare your client for a deposition, and they can’t help themselves but to make a mess. A couple of years ago I was defending a trucking case in which my truck driver was an awfully rough fellow. He had a pretty significant criminal history, had been in-and-out of drug rehab (which hadn’t had much effect), and at the time of the accident involving my case, he had been on a crystal meth bender for a couple days while at a motorcycle rally. Our only...

[No.19] In the Words of Justice Clarence Thomas

Dec 28, 2016

Justice Clarence Thomas: “You have a number of choices. You could continue to always fight against people who are really distractions. They’re people in the cheap seats of life. Or you can do what you went there to do.”

2016 Rules of Civil Procedure & Discovery Wrap-Up

Dec 26, 2016

The courts have been busy in 2016 addressing issues of discovery, and interpreting and rewriting the rules of civil procedure. Each of the below links will take you to either a case brief or memoranda analyzing these developments. Maria Graham v. City of Talladega: An amended pleading is a nullity if it does not comply with ARCP 15, and once the original claims are dismissed, a party has 42 days from the date of dismissal to file an appeal, pursuant to ARCP 4. Ex parte Tidra Corporation: A trial court may only require a party to submit to a mental...

How to Use a MicroUSB Charger for a Motorola Video Baby Monitor

Dec 26, 2016

We are now on our second Motorola video baby monitor – the first couldn’t withstand a prolonged dunking in the dog’s water bowl. This second monitor, a Motorola MBP36S, has developed its own problems. There is a short between the monitor and the charger input that keeps the monitor from charging. Other Motorola models that have the same input and likely the same problems are the MBP33S and MBP41S. (Note: This topic is far afield from my usual law blog stuff, but I felt pretty heroic when I figured this hack out, and I knew I had to share it, because apparently this...

What Metrics Are Insurance Clients Using to Measure Your Performance?

Dec 22, 2016

Insurance companies and risk management services are becoming increasingly more savvy about performance metrics than are the attorneys and firms who are being measured against them. Many attorneys are unaware of the categories and parameters they are being evaluated against. And unless a lawyer has a particularly candid with his insurance client, he is likely in the dark as to how he compares to other panel counsel. Below are some common performance metrics categories being used to analyze attorney efficiency and effectiveness: How long are your files open? The cycle time can be an indicator of how efficiently attorneys are managing...

[No.18] In the Words of Justice Sandra Day O’Connor

Dec 21, 2016

Justice Sandra Day O’Connor: “Do the best you can in every task, no matter how unimportant it may seem at the time. No one learns more about a problem than the person at the bottom.”

2017 FMCSA Random Controlled Substance Testing Rate

Dec 16, 2016

On December 13, 2016, the Federal Motor Carrier Safety Administration (FMCSA) announced the rate at which motor carriers will be required to administer random controlled substance testing on commercial drivers for 2017. What is the random controlled substance testing rate? Under 49 C.F.R. § 382.305, motor carriers are required annually to administer random controlled substance testing on a certain minimum percentage of its average number of driver positions. For 2017, the FMCSA is keeping the random testing rate at 25% for controlled substances, just as it was in 2016. Per the statute, the requisite testing percentage is determined by the...

[No.17] In the Words of William Howard Taft…

Dec 14, 2016

William Howard Taft: “Don’t write so that you can be understood, write so that you can’t be misunderstood.”

A Motor Carrier Doesn’t Violate the ADA by Classifying Drivers for Sleep Apnea Testing

Dec 12, 2016

Robert J. Parker v. Crete Carrier Corp.: The 8th Circuit Court of Appeals has held that a motor carrier does not violate the Americans with Disabilities Act by establishing of class for commercial drivers to undergo medical examination, inclusive of a sleep study, for determining whether a driver suffers from obstructive sleep apnea. Crete Carrier Corporation requires its drivers who have body mass indexes (BMIs) of 35 or greater to undergo medical examinations to determine whether the drivers suffer from obstructive sleep apnea. Pursuant to that policy, Crete instructed its driver Robert Parker to get such a medical examination, and...

[Appearance] “Alabama’s Anti-Miscegenation Statutes” included in Collaborative Project

Dec 9, 2016

My article “Alabama’s Anti-Miscegenation Statutes” (originally published by The Alabama Review in October 2015) has been included in a collaborative comparative law project that is being published in Brazil – Brasil e EUA: Temas de Direito Comparado. For purposes of the collaboration, the article has been retitled, “Leis criminalizando o casamento entre negros e brancos nos Estados Unidos. Estudo de precedentes no Estado do Alabama e na Suprema Corte americana,” and includes commentary by Paulo Cesar Batista dos Santos, who is a judge in the State of Sao Paolo, Brazil.

Posts by Jeremy W. Richter