Publications

Thought Leadership in Personal Injury


As thought leaders in our practice, we regularly write and speak in our areas of expertise. This includes writing a monthly practice column, Back Story, in Plaintiff magazine. We believe in sharing our knowledge with other lawyers – when we help each other, everyone is better served in their efforts to obtain justice. We’re providing some of our articles below. If you see anything that may help you – either as a lawyer handling a case or as a person with a claim – please contact us. We usually have more briefing and material on those subjects and we are happy to share it.

Land Wars in Asia: Discovery battles – the most classic of blunders

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You have the product liability case of a lifetime. The Complaint’s been filed. The Answer is in. Discovery time. You sit down and craft a discovery plan. Fine-tuned. Perfection. You send it out and receive – blanket objections. The litigation world’s joyous middle finger equivalent. Steaming, you decide you will crush them. You begin banging out a meet and confer…

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The Code War: The international classification of diseases and why you should care about a big change on the horizon

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Coming soon to a courtroom near you: “Mr. Expert, can you tell us what upcoding is and whether you found it in Dr. Smith’s billing for treating the plaintiff?” the defense lawyer asked her medical coding expert. “Upcoding is an industry term. We sometimes see doctors use more expensive billing codes, known as ICD codes. Billing can be nuanced. Many…

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A death in the family

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Subtitle: Caring for your clients—the blessings and the burdens Recently, I lost three former clients. They passed in separate ways, unrelated to their cases. One, stabbed in an alley, lay moaning for hours before he died. The neighbors ignored him, thinking he was a homeless drunk. Another stood at a bus stop with his girlfriend. A car drove by and…

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The ministry of culture

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Subtitle: Keep current with pop culture to keep current with your jury Growing up, my parents limited me to one hour of television a day. On PBS. This had unintended consequences. To this day, if a television is on in a room, I cannot pay attention to anything else. I have a penchant for Sesame Street-style puns. You’ll get blank…

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The map is not the territory

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Subtitle: Give people what they need to see the case as you do A little girl rode her bike along a bike path. The path approached a two-lane vehicle bridge and ran alongside it, like a sidewalk. Her family rode behind her. Her younger brother, new to his two-wheeler, bumped her bike. The bike’s front tire went off the curb….

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Make them an offer they CAN refuse (in bad faith)

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Subtitle: Open up the policy limits and collect them from the insurance company In the dead zone between Christmas and New Year’s, a formal policy-limit settlement demand expired. Later that year, the verdict came in, two and a half times over the insurance policy limit. The lawyer had not granted an extension to the defense to evaluate the demand. The…

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It’s all relative

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Subtitle: What is case management software (and why should I care)? Intro The receptionist buzzed. “A Mr. D____ is calling about a referral.” I ran my mental rolodex. Like many people, I’m terrible with names. But I remember details. Once things click, I remember you went to UCLA, you rowed in college, and you had a case involving the Dodgers….

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