Where do you turn for help to stay current on topics perhaps outside of your normal legal comfort zone? Would you like a free source that is brief, to the point, readable, and written by someone who knows what they are talking about? I've got one for you.
This blog might sound a little bubbly as you read thru it, but they aren't paying me anything for what I'm going to say here and you can only take it as one lawyer's opinion.
A great free source that we've read for years is the National Legal Research Group's "The Lawletter" publication (click here for link). It's a concise 4 page read with each page usually only having one article, each page a different topic or area of law, and always authored by one of their researchers, 40 of whom are full time attorneys. We've used NLRG on special assignments before too, so we know from experience that they have great research and writing skills. They've put those skills to work in The Lawletter and it shows.
The Lawletter topics are always current and the articles always very readable and very usable for attorneys wanting to know something outside of what they already know.
At least once every issue or two we'll spot an article that deals with an issue we currently are either facing or expecting to come up in a pending case file. That tells us that NLRG not only writes well, but knows what issues are hot at any given moment.
For instance this month's issue had an article on "Obtaining Testimony from Uncooperative Out-of-State Witnesses" that details, with citations, exactly how to handle that. Did you even know there was something called the Uniform Foreign Depositions Act? Did you know the majority of US states have adopted it? We sure didn't and that can come in handy for any attorney's practice.
Check out the current issue of The Lawletter by clicking here. The info is great and the price is too (it's free).
Monday
Free Expert Witness Tips
If you'd like to get a free newsletter that periodically has tips on how to make the most of an expert witness, including pitfalls and traps, here's a tip for you.
Flagel, Huber, Flael & Co, www.fhf-cpa.com, distributes a periodic newsletter on Litigation Support that almost always has an article on using an expert witness. Granted much of it is often aimed at using an expert accountant or other similar expertiese, but the general tips are very useful and come in a compact and easy to read format.
The one I just received included articles title "Why proper training and experience are essential in an expert" and "Daubert study highlights expert witness vulnerabilities." Every issue is worth taking the time to read.
And you can't beat the cost. It's free. Their website has a ton of specific types of calculators that are extraordinarily useful too. Check them out by clicking here.
Flagel, Huber, Flael & Co, www.fhf-cpa.com, distributes a periodic newsletter on Litigation Support that almost always has an article on using an expert witness. Granted much of it is often aimed at using an expert accountant or other similar expertiese, but the general tips are very useful and come in a compact and easy to read format.
The one I just received included articles title "Why proper training and experience are essential in an expert" and "Daubert study highlights expert witness vulnerabilities." Every issue is worth taking the time to read.
And you can't beat the cost. It's free. Their website has a ton of specific types of calculators that are extraordinarily useful too. Check them out by clicking here.
Saturday
Big Type, Little Brief, But is it Better?
Well, Virginia sure knows how to rein in its talky lawyers.
The Virginia Supreme Court, like many other courts, has encouraged lawyers to shorten their briefs (no pun intended) to fewer pages but now they've forced the issue by mandating a larger typeface in all briefs, without changing the maximum page limitations.
Instead of the former 12 point size, the new rule change mandates a 14 point typeface. Heck, even the footnotes have to be in 14 point typeface.
What you used to be able to fit into 25 pages (when you used 12 point typeface) now would take 32 pages.
That means Virginia attorneys will be forced to hone their written arguments to a fine edge and a small word count. Strong arguments will push weaker arguments out of the appeal brief, purely because of the page limitations, but that's not necessarily a bad thing.
In front of a jury you might want to argue lots of different points but in front of an appeals court, which routinely gives great deference to trial judges and jury decisions anyway, you are probably better off focusing the court on a few of your strongest arguments and letting the weaker ones go by the wayside.
The downside is that novel and risky arguments will play out less often, even though they are often the arguments that force courts to consider different viewpoints, untried and unproven, that can move the law forward in the best interests of all concerned, and the law itself. A good example is the large, multi-defendant racketeering case that was tried in federal court in Cincinnati over many months in the late 1970's that resulted in several dozen defendants being convicted of several hundred counts of criminal activity. More than a dozen big name defense attorneys fought hard for their clients through the trial and on into the appeal. Amidst it all was a solo practitioner from a rural town who represented one of the small players in the racketeering case. At the court of appeals he was the only one to argue a very novel approach to the law which the court of appeals ultimately agreed with, reversing dozens of the criminal convictions on a legal argument that some of the best minds in criminal law thought was a waste of time.
If that attorney was forced to play by Virginia's new rules, he probably wouldn't have made the novel legal argument that ultimately won. Brevity can be important, sure, but there has to be room for fair argument too. Maybe Virginia has struck a good balance with their new typeface size rule. Only time will tell.
Will other courts follow Virginia's lead? Probably not very quickly. After all, nothing seems to happen quickly in the court system. But it's a start and the odds are that sooner or later it could happen where you are.
Meantime, you're probably better off at the appellate level if you take the Virginia cue now. One thing's for sure: judges will appreciate it and so will their law clerks.
The Virginia Supreme Court, like many other courts, has encouraged lawyers to shorten their briefs (no pun intended) to fewer pages but now they've forced the issue by mandating a larger typeface in all briefs, without changing the maximum page limitations.
Instead of the former 12 point size, the new rule change mandates a 14 point typeface. Heck, even the footnotes have to be in 14 point typeface.
What you used to be able to fit into 25 pages (when you used 12 point typeface) now would take 32 pages.
That means Virginia attorneys will be forced to hone their written arguments to a fine edge and a small word count. Strong arguments will push weaker arguments out of the appeal brief, purely because of the page limitations, but that's not necessarily a bad thing.
In front of a jury you might want to argue lots of different points but in front of an appeals court, which routinely gives great deference to trial judges and jury decisions anyway, you are probably better off focusing the court on a few of your strongest arguments and letting the weaker ones go by the wayside.
The downside is that novel and risky arguments will play out less often, even though they are often the arguments that force courts to consider different viewpoints, untried and unproven, that can move the law forward in the best interests of all concerned, and the law itself. A good example is the large, multi-defendant racketeering case that was tried in federal court in Cincinnati over many months in the late 1970's that resulted in several dozen defendants being convicted of several hundred counts of criminal activity. More than a dozen big name defense attorneys fought hard for their clients through the trial and on into the appeal. Amidst it all was a solo practitioner from a rural town who represented one of the small players in the racketeering case. At the court of appeals he was the only one to argue a very novel approach to the law which the court of appeals ultimately agreed with, reversing dozens of the criminal convictions on a legal argument that some of the best minds in criminal law thought was a waste of time.
If that attorney was forced to play by Virginia's new rules, he probably wouldn't have made the novel legal argument that ultimately won. Brevity can be important, sure, but there has to be room for fair argument too. Maybe Virginia has struck a good balance with their new typeface size rule. Only time will tell.
Will other courts follow Virginia's lead? Probably not very quickly. After all, nothing seems to happen quickly in the court system. But it's a start and the odds are that sooner or later it could happen where you are.
Meantime, you're probably better off at the appellate level if you take the Virginia cue now. One thing's for sure: judges will appreciate it and so will their law clerks.
Monday
The Value of Professional Assistant Week
In the legal profession, attorneys run into roadblocks constantly and to deal with them you have to have two things: a sense of humor and a great assistant. You can get by with just a sense of humor by itself but you'll go nuts in the process. You have to have the right legal assistant. Period.
For one week out of the year (perhaps thanks to Hallmark?) we get to express our appreciation to those who help us get through every day, and Lord knows they deserve more credit than they ever get. Their contentment and happiness is crucial to your success as an attorney.
Your assistant is the interface between your clients and yourself. Clients will not feel appreciated and pleased if your assistant just doesn't "click" right with them in every call, every interaction. It may be hard for many attorneys to realize how critically important it is to have a great assistant, but it's a fact of business.
Think about the last time you went to a restaurant and how the whole experience was affected by the interaction of each person along the way --- and you never even met the chef or the owner! It's a fact. If the waitress/waiter is not attentive and helpful, friendly and cheerful, it will affect the whole experience and your opinion of the restaurant itself will suffer. It's the same thing with your assistant.
Find the right assistant and everything works great. Get the wrong person for the job, and you professional life will be terrible.
So, the moral is make sure you get the right person in the right job, especially your legal assistant. And then pay them good. And then take every opportunity to make sure them realize that you realize just how important they are to you. Start by telling them when the opportunity arises. And then show it when you can. A good assistant doesn't expect to be treated as though they can walk on water, but they do expect to be treated with respect, courtesy, and appreciation.
But that calls for a whole other discussion...so let's talk about Professional Assistant Week. It's time to make sure your assistant knows how appreciated they are.
One of the best ways to make sure your assistant, and every female support staff member, is happy is flowers. While a male assistant might not be appreciative, there is something about flowers that say "thanks" with sincerity to women. For a male assistant, you'll have to come up with something far more specialized to the person.
For our firm, we try to share humor whenever we can, wherever we find it. Sometimes we even get to cause a smile to brighten up someone's day. When you can, that's a great professional assistant gift.
For us, the Burdge Law Team is more than just lawyers. Each of our attorneys has an assistant, and an entire staff, of dedicated professionals who tirelessly work to squash every lemon and make every manufacturer pay for it.
For them, this week is dedicated. Today they each received a beautiful (and humorous) lemon flower arrangement like the one pictured above with the heartfelt thanks of our attorneys and our clients. Our professional assistants work hard every day to help our clients get rid of their lemon car or lemon truck or lemon rv or lemon boat, or deal with another Consumer Law issue. Because of that, a lemon flower arrangement just seemed right. For your law practice, try to find something that works with your "firm theme".
And say "thanks" too. Flowers are nice, but a personal statement of appreciation is worth so very much more to your assistant. They know that you are a very busy professional, so the fact that you took a minute to express your thanks will say more than the words will ever accomplish.
Try it. No, we should have said try it right now.
Ronald Burdge
www. The Law Coach .com
Helping Consumer Law Attorneys Win Cases Since 1978
Click here to see a list of some of the topics we can help you with on your road to success.
www. The Law Coach .com
Helping Consumer Law Attorneys Win Cases Since 1978
Click here to see a list of some of the topics we can help you with on your road to success.
Sunday
How to Write a Letter to a Client
Law school teaches young would-be-lawyers a lot of things but there are a lot of basics that they don't teach law students at all. One of them is how to write an effective letter to a client. Historically the most common grievances come from lack of clear attorney-client communication skills.
After awhile, letter-writing gets to be automatic but until you get there (and as a reminder even if you are already there), here's some tips on what a client letter should cover, in the order they should appear in the letter.
1. The Why. Tell the client why you are writing (to update them on status of their case or an issue, to ask a question, to provide an answer to a question they asked, to send them documents to review, etc).
2. Just do it. Provide the update, ask the question, give the answer, explain the documents, tell them what you want them to do, etc. Do it.
3. Get a response. If your letter requires a response from the client, tell them how (via email, phone, etc) and when you need their response (a firm deadline). If your letter does not require a response, then say that (so the client doesn't wonder if they are supposed to respond). If a conference with the client is needed, then ask the client to make an in-office or on-phone (say which way you want it to be) appointment to discuss the issue and their resulting response.
4. Explain it. Tell them why or how the immediate inquiry fits into their case at that moment, so they understand why it matters and why it is important to respond.
5. Predict the future. Tell them what will happen next in their case, so they realize that you are working on their case and that you need their response in order to proceed to the next step of the case.
6. Say something good. Use the opportunity to say something positive or provide reinforcement to the client. Your letter may cause concern so your client will appreciate hearing some "good news" in their case, even if it's only your opinion or reassurance that things are proceeding normally as far as you are concerned.
7. Express thanks. Thank the client for their continued patience and assistance and say that if they have any question to let you know and how to contact you (phone, email, etc).
More tips on letter writing:
Generally, your message should be sent in the manner that you expect a response to occur (if you want them to email you, then you use email to send the message, etc). However, always remember that some things require the personal touch of a phone call.
The letter should generally be less than one page or two at the most. Everyone knows that lawyers sometimes like to talk at length. Lawyers often fail to realize that non-lawyers don't like to read (or listen) at length.
If appropriate, a copy of the letter should be put in your follow up tickler system as a reminder for a specific future deadline date.
First-timers need to remember the above. Later, after years of letter writing, you may need to remind yourself again. Good client communications are critical for long-term professional success.
After awhile, letter-writing gets to be automatic but until you get there (and as a reminder even if you are already there), here's some tips on what a client letter should cover, in the order they should appear in the letter.
1. The Why. Tell the client why you are writing (to update them on status of their case or an issue, to ask a question, to provide an answer to a question they asked, to send them documents to review, etc).
2. Just do it. Provide the update, ask the question, give the answer, explain the documents, tell them what you want them to do, etc. Do it.
3. Get a response. If your letter requires a response from the client, tell them how (via email, phone, etc) and when you need their response (a firm deadline). If your letter does not require a response, then say that (so the client doesn't wonder if they are supposed to respond). If a conference with the client is needed, then ask the client to make an in-office or on-phone (say which way you want it to be) appointment to discuss the issue and their resulting response.
4. Explain it. Tell them why or how the immediate inquiry fits into their case at that moment, so they understand why it matters and why it is important to respond.
5. Predict the future. Tell them what will happen next in their case, so they realize that you are working on their case and that you need their response in order to proceed to the next step of the case.
6. Say something good. Use the opportunity to say something positive or provide reinforcement to the client. Your letter may cause concern so your client will appreciate hearing some "good news" in their case, even if it's only your opinion or reassurance that things are proceeding normally as far as you are concerned.
7. Express thanks. Thank the client for their continued patience and assistance and say that if they have any question to let you know and how to contact you (phone, email, etc).
More tips on letter writing:
Generally, your message should be sent in the manner that you expect a response to occur (if you want them to email you, then you use email to send the message, etc). However, always remember that some things require the personal touch of a phone call.
The letter should generally be less than one page or two at the most. Everyone knows that lawyers sometimes like to talk at length. Lawyers often fail to realize that non-lawyers don't like to read (or listen) at length.
If appropriate, a copy of the letter should be put in your follow up tickler system as a reminder for a specific future deadline date.
First-timers need to remember the above. Later, after years of letter writing, you may need to remind yourself again. Good client communications are critical for long-term professional success.
Two Bucks is Worth It
Some things you see are so cheap you can't hardly find a reason not to get them. This is about one of them.
A lot of attorneys still miss the point that the practice of law is a business first and a law practice second. Other attorneys understand that but still have a hard time figuring out how to treat it like a business. One way to start is to begin reading publications that are directed at the business side of your law work because you law work should be about your business.
While in an airport lounge recently I picked up a copy of Business to Business magazine and was surprised to see how much of it was useful to the legal profession. Highlighted articles dealt with a variety of topics that affect a law practice everyday.
"Alive & Well" is an interesting discussion of the policies and politics of health care. If your law firm is concerned about health care costs, and who isn't, then you can get a good dose of health care issues right here. If you aren't at the Delta lounge in Atlanta, you can read (or listen) to it by clicking here.
If you're in charge of hiring, you probably ought to read "The Mellennials Cometh" which is also in the April issue. I learned a thing or two that I'll keep in mind for the next associate hiring and you probably will too.
There's a fascinating article on "The ROI of giving" that talks about the generous return on investment a business can get from charitable donations, a topic discussed a few months back, which deals with stats and studies that show a real benefit to being beneficial.
There's lots more in this issue, and every issue, and it's certainly worth the very modest $24 annual subscription cost. They didn't pay us to write this but, speaking of business to business, maybe they should've.
Tuesday
A Disposable Laptop?
Finally. An ultralight laptop that's so cheap you can just throw it away if it breaks, without losing sleep over it. And it only weighs 2 pounds. Light, small, cheap. What more could you want?
The Asus Eee pc has been getting rave reviews that all seem to start out with the fact that it costs less than $400 but quickly point out that it has a solid state hard drive (no moving parts), a built in camera and Wi-Fi and comes loaded with a decent set of 40 basic programs that'll get you running right out of the box. And it'll keep you running for over 3 hours on the battery too.
This is one laptop you have to check out. Read the review in PC Today magazine by clicking here at PCToday.com or check the company's website by clicking here.
The Asus Eee pc has been getting rave reviews that all seem to start out with the fact that it costs less than $400 but quickly point out that it has a solid state hard drive (no moving parts), a built in camera and Wi-Fi and comes loaded with a decent set of 40 basic programs that'll get you running right out of the box. And it'll keep you running for over 3 hours on the battery too.
This is one laptop you have to check out. Read the review in PC Today magazine by clicking here at PCToday.com or check the company's website by clicking here.
Thursday
Handling Abusive Deposition Tactics
Every once in a while you see an article that you wish you had seen years ago. This story is about one of those.
We've had lots of depositions where the opposing attorney obstructed and interfered with a smooth orderly deposition before. You can takes years, and dozens of depositions, before you begin to figure out how to deal with some of these people. Or you can check out the Ohio Trial "Abusive Deposition Tactics" article published in the Winter 2008 issue by Ohio Association for Justice.
Authored by attorney Rebecca Castell and attorney Raymond Tisone, you'll get great examples and tips, with lots of references to the Civil Rules. If you haven't seen it, go online here to find out how to join OAJ and get a copy. The OAJ membership cost is worth it just to get a copy of this article alone.
The topic is similar to Salt Lake City attorney Robert Sykes' article in The Utah Trial Lawyers Association, December 4, 2003 title "Abusive Deposition Objections: How To Ethically Even the Playing Field" which is another good article on this topic.
A classic example of "lawyers gone wild" appears on YouTube here. If you haven't seen the off-screen fight between two lawyers, and the hapless witness caught in between, it's worth a look. It's a great example of what not to do.
If you've been lucky and have not had to deal with an opposing counsel who abuses the deposition process, then now is a good time to read the OAJ article. You don't want to be reading it later and mumbling to yourself "so that's what I should have done."
We've had lots of depositions where the opposing attorney obstructed and interfered with a smooth orderly deposition before. You can takes years, and dozens of depositions, before you begin to figure out how to deal with some of these people. Or you can check out the Ohio Trial "Abusive Deposition Tactics" article published in the Winter 2008 issue by Ohio Association for Justice.
Authored by attorney Rebecca Castell and attorney Raymond Tisone, you'll get great examples and tips, with lots of references to the Civil Rules. If you haven't seen it, go online here to find out how to join OAJ and get a copy. The OAJ membership cost is worth it just to get a copy of this article alone.
The topic is similar to Salt Lake City attorney Robert Sykes' article in The Utah Trial Lawyers Association, December 4, 2003 title "Abusive Deposition Objections: How To Ethically Even the Playing Field" which is another good article on this topic.
A classic example of "lawyers gone wild" appears on YouTube here. If you haven't seen the off-screen fight between two lawyers, and the hapless witness caught in between, it's worth a look. It's a great example of what not to do.
If you've been lucky and have not had to deal with an opposing counsel who abuses the deposition process, then now is a good time to read the OAJ article. You don't want to be reading it later and mumbling to yourself "so that's what I should have done."
Tuesday
Ohio Attorney General e-Newsletter on Consumer Law
Ohio Attorney Marc Dann is working hard to find ways to help consumer advocates protect consumers everywhere. He's off to a good start already but now he even goes himself one better.
Attorney General Dann has started a monthly "e-newsletter" that will bring the latest updates on consumer laws, fraud alerts, and prevention tips to your email inbox. Each issue promises to provide links to more in-depth resources to help advocates protect consumers and their clients.
Among recent articles was a list of the Top 10 consumer complaints, showing auto issues at the top spot, followed by credit issues, and more. That list will certainly tell you the heartbeat (or heart ache) on the street. Most people don't know that a more detailed explanation of the Top 10 and other AG office activities can be found in the annual AG Office's report (click here for the 2007 Report).
Tips for online shopping were noted and a nice article on the problems of Tax Refund Anticipation Loans, which is perhaps one of the more clever ways to get into consumer's wallet without all the usual appearances of a ripoff.
If you're a consumer advocate, this free newsletter is for you. It's off to a great start and I strongly recommend you sign up for it. It'll keep you up to date and, best of all, it's free.
You can subscribe by sending an email to ConsumerEnewsletter@ag.state.oh.us or by just telephoning them at 1.877.AG4Ohio.
Thursday
Teaching Consumer Law Conference in Houston May 23
More than 30 experts from around the world will converge in Houston on May 23rd and 24th, 2008 to discuss issues of importance to any consumer law professor at an international conference entitled "Teaching Consumer Law -- The Who, What, Where, Why, When and How."
The conference gathers participants to examine issues such as: what materials should be used in teaching consumer law; alternative teaching methods; new developments in consumer law; innovative ways to look at traditional consumer problems; global approaches to consumer regulation; and methods and teaching issues related to how consumers can collect attorneys fees.
The Law Coach, Ron Burdge, will be one of the speakers, discussing attorneys fees issues with Pennsylvania attorney Cary Flitter.
The conference is hosted by the University of Houston School of Law (the best Consumer Law-oriented law school in the country, without a doubt) in cooperation with the National Association of Consumer Advocates (the nation's foremost professional association for consumer advocates), and underwritten by a staunch friend of Consumer Law, Moriarty Leyendecker Erben, P.C.
This conference provides all participants with the opportunity to polish their techniques and skills in teaching tomorrows attorneys important Consumer Law topics. Along with the conference discussion, attendees get a special bonus: conference participants are invited to watch the Houston Astros play the Philadelphia Phillies. Even without the ball game, this international Conference on Teaching Consumer Law would be worth the very modest registration cost. With it, it's a bargain. We hope to see you there.
Click here for more information and a registration form or you can call Professor Richard Alderman at 713-743-2165 for details.
Helping Consumers, and Consumer Law Attorneys, Win Cases Since 1978
Tuesday
What Judges Really Think
Bryan Garner is one of the best speakers around when it comes to understanding how to write briefs and how to make an impressive oral argument. Not just the mechanics, mind you, but the practical side of the process too. Now, he's gone one better.
If you ever get the chance, go to one of his seminars. There's no one better on the subjects he discusses. But, have you ever wondered what judges really think about appellate briefs and arguments they see and hear?
Well, there's only one US Supreme Court and what they think is probably not a lot different from what other appellate judges and state supreme court judges think. Now you can find out. Better yet, you can watch them voice their opinions.
Garner conducted a series of video interviews with 8 of the 9 US Supreme Court Justices and has posted the eight videos on the web site of LawProse where you can watch the Justices tell their thoughts on what is good and what is bad about the briefs and arguments they see and hear.
The pet peeves you hear the Justices talk about are surprising and run the gamut of all things meaningful and otherwise. Take the time to watch and learn. It's well worth it. And you can't beat the price.
Ronald L. Burdge
www. The Law Coach .com
Helping Consumers, and Consumer Law Attorneys Win Cases Since 1978
www. The Law Coach .com
Helping Consumers, and Consumer Law Attorneys Win Cases Since 1978
Monday
Rent-a-desk Lawyering
In these days of outsourcing, it's no wonder that even legal work is being farmed out to off shore "legal help" companies who provide part time and single job work by foreign workers trained in US law. Well, with that happening, it's no surprise that some firms are now looking for other ways to cut costs but keep using their current associate-level lawyer personnel.
One way was found by Canadian law firm Thackray Burgess that decided they didn't need lawyer associates anymore. Instead they just rented out desk space to them and cut them loose, sort of, and renamed them as Consultants. The associates, errrr, consultants, do as much work (or as little) as they want, setting their own hours and even working from home if they want.
The idea certainly has some appeal for the right circumstances. The Firm rents a desk to a lawyer but they don't work for the Firm. Instead, they do piecemeal work for the Firm (and get paid for it) or do work which they have generated on their own (and for which the Firm gets paid a cut of the fees). It's not much different from the kind of business real estate leasing where a business rents a location and pays a base rent (the desk) plus a percentage of the business generated from that location (the cut of other non-Firm-generated fees).
But is it good for you? That depends on which end of the equation you are on and what the terms are, but it certainly could be. Lawyers who want to work but want to balance that workload with a more fulfilling home life may find it a very attractive alternative to the grind that the "partner" path seems to be. And law firms that are looking to cut costs, while providing a different kind oand perhaps more satisfying working relationship, may find this approach suits them perfectly.
And with the glut of new lawyers, Rent-a-desk Lawyering just might be the best answer to the unemployment line blues that can await the new grads who can't find a full time job.
Ronald L. Burdge
www. The Law Coach .com
Helping Attorneys Win Cases Since 1978
Helping Attorneys Win Cases Since 1978
Wednesday
Getting Recalls Into Evidence
One of the aggravating parts of handling a product defect case is when the government recalls
the very product in your case and the defendant argues that you shouldn't be able to use the recall in evidence to persuade the jury that the product is defective. Aggravating indeed.
Seems like there's lots of recalls on the news nowadays and the mere existence on the news can help people understand both the reality and the prevalence of defective products in our society. But how can you actually get the recall into evidence so the jury in your case can hear about it?
Well, the first rule is to remember that if the recall indicates that a defect was present when the product left the manufacturer then it is relevant in your case. Relevant evidence is just something that makes it more likely, or less likely, that a disputed fact is true. So, does it?
Some judges will want the defect in your case to be the same as the defect in the recall. Others are more liberal about it. Just remember, your argument should focus on the fact that the recall makes it possible that a defect existed in an entire group of products and your case involves one of those products. Take a look at Bailey v Monaco Coach (ND Ga 2004), 350 F.Supp.2d 1036.
And when the defendant argues that the recall is hearsay, don't forget that you can argue that it is actually admissible as an admission by the defendant so it isn't really hearsay at all. Still, you have to know your evidence rules and be ready to quickly cite the rule numbers that apply.
Keep in mind that if a defendant claims its product is safe or the best or carefully designed, etc, you may be able to use the recall as evidence that can impeach the defendant's claim.
Impeachment, direct, rebuttal, hearsay --- whatever. The bottom line is that you need to carefully plot out how you can use recall evidence in your case and be prepared for a tough fight from the defendant. Recall evidence can be crucial to prove the truth of a product's defective nature or history, so don't give up easy.
Ronald L. Burdge
www. The Law Coach .com
Helping Consumer Law Attorneys Win Cases Since 1978
Helping Consumer Law Attorneys Win Cases Since 1978
Tuesday
Economy Tightens Patience for Legal Services
Okay, the economy is certainly tightening up, thanks to the credit crunch and the mortgage mess.
Clients are getting impatient with the time it takes to get good results. And they can't understand why defendants don't just "do what's right" and settle their case.
Of course the reason is money. It probably has nothing to do with who is right and who is wrong. It has everything to do with holding on to the money for as long as you can.
Defendants are stalling longer than ever before, trying to keep the money in their own pocket for as long as they can. And they are arguing over every nickel and dime like it's someone's eye teeth.
Defense attorneys seem to be practically inventing ways to work their files more, which stalls the file more and builds up more fees, and that costs the plaintiff more. With defense law firms now cutting back and laying off, it's no wonder that the remaining attorneys are looking for ways to pump up their billings.
You'd think their clients would wise up, but then again they appear more willing to pay their lawyers to fight than to pay a plaintiff to settle --- even when it's cheaper to pay to settle. That doesn't make good business sense to us, but apparently it does to them.
And some people wonder why the public disdains the legal profession. Heck, even some lawyers do.
For now, plaintiff's lawyers need to get economically smart in a hurry if they are going to ride out the current economic slump and the settlement slump being cause by defense tactics. Time to watch the billables, income, and expenses very carefully.
Clients are getting impatient with the time it takes to get good results. And they can't understand why defendants don't just "do what's right" and settle their case.
Of course the reason is money. It probably has nothing to do with who is right and who is wrong. It has everything to do with holding on to the money for as long as you can.
Defendants are stalling longer than ever before, trying to keep the money in their own pocket for as long as they can. And they are arguing over every nickel and dime like it's someone's eye teeth.
Defense attorneys seem to be practically inventing ways to work their files more, which stalls the file more and builds up more fees, and that costs the plaintiff more. With defense law firms now cutting back and laying off, it's no wonder that the remaining attorneys are looking for ways to pump up their billings.
You'd think their clients would wise up, but then again they appear more willing to pay their lawyers to fight than to pay a plaintiff to settle --- even when it's cheaper to pay to settle. That doesn't make good business sense to us, but apparently it does to them.
And some people wonder why the public disdains the legal profession. Heck, even some lawyers do.
For now, plaintiff's lawyers need to get economically smart in a hurry if they are going to ride out the current economic slump and the settlement slump being cause by defense tactics. Time to watch the billables, income, and expenses very carefully.
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