Posts in Tips for Attorneys
Publicity in civil cases according to the Rules of Professional Conduct

(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. (b) Notwithstanding paragraph (a), a lawyer may state:

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Keep your head to the sky

Judges don't like it when us attorneys can't stop bickering.  They are irritated by having to deal with our exchanges of snipes, digs and downright insults.

Last month after a trial ended, two jurors followed me down to the courthouse lobby.  They wanted to talk about what happened.  Both commented on how impressed they were that the attorneys acted in a civil manner.  Sure we disagreed with each other and objected and there were tense moments.  But we were not overly disrespectful like the lawyers they saw on television.  They appreciated that.

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Life after trial

I believe that lawyers take too much credit when a trial is won and too much responsibility when a trial is lost.

Of course this is our j.o.b.  We are in it to win it.  Our client's well being is our number one top absolute priority.  And regardless of the reasons why sometimes we cannot convince the judge or jury of our position - it totally bites when we lose.

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Why I saw Trainwreck for the third time - recovering from a Mind Meld

Psychodrama is popular in trial lawyer circles.  This weekend it is taught at our trial lawyer convention.  I do not attend.  Happily.

I don't care for the term psychodrama.  I've heard many good reviews from friends and colleagues.  I know many of the people who teach it.  But honestly, just hearing the word psychodrama causes a bit of a nose wrinkling reaction deep within me.

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Dear Karen - Do you wear suits to trial, if not what's your typical "trialwear"

A male news anchor from Australia wore the same suit every day for a year - changing his shirt and tie - and no one noticed.  He did this to prove a point after becoming frustrated with the constant criticisms levied by the public against his female co-anchor's appearance.

"No one has noticed; no one gives a s**t.  But women, they wear the wrong colour and they get pulled up.  Women are judged much more harshly and keenly for what they do, what they say and what they wear."

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Jane the Court Reporter

I met Allison when I was a defense lawyer.  She was so darling that she became my go-to court reporter.  When I became a plaintiff lawyer, nothing changed.  I still used Allison.  Others liked her as well, so Allison grew her business (Verb8tim Reporting) and hired Jane.

Yesterday, Allison was the court reporter for me.  This morning it's Jane's turn.

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Dear injured (or dead) person - hire me: The shame of being in a profession, where lawyers directly solicit clients.

Based upon a true story:

Last week, my wife of 35 years was driving to the store and was hit by another car.  The police came to my house to take me to the hospital to see her.  She's been there ever since.  We don't think she will make it.

Each day I drive or am driven to the hospital by our children.  I stay there as long as I can.  I just had surgery myself.  So I need to come home to try to rest in between rushing back to be with her.

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More is not always better: minimizing the histrionic overuse of adjectives
"Atticus told me to delete the adjectives and I'd have the facts."
- Chapter 7 of To Kill a Mo
ckingbird

Her right leg was catastrophically smashed, causing excruciating and unrelenting pain.  The limb felt like it was being stabbed a million times by a  sharp knife.  The sharp burning pain became absolutely unbearable to the point where she was forced to take vicodin.

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Beginning the complaint with a bang - the case synopsis

We are changing the way we read.  Short has not just become better.  It has become essential in the quest to capture the attention of our audience.

Pedantic legal writing is no longer highly valued by judges.   With crushing case loads, our Honors need us to get right to the point.  They impose page limits on us.  And even then, will sometimes admit they haven't read our pleadings.

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Form of the day: client settlement annuity advice letter

When a personal injury case settles, we are still our client's lawyer.  This means we need to continue to look out for their best interests until our job is done.  Even if we are not financial planners or accountants, we cannot walk away without first trying to help our client make well informed decisions.  Maybe this is not our legal duty.  But it certainly is our moral one.

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