Lawyer Misconduct in Closing Can Get A Verdict Overturned

Defense lawyers who convince a judge to keep out evidence of prior similar accidents don’t get to argue to the jury that there is no evidence of similar accidents. “The misconduct of Appellant’s counsel has resulted in unnecessary expense to his client and to Appellee, a waste of judicial resources, and inconvenience to the jurors […]

Insurance Defense Conflicts Update …

There is an update on a story I blogged about here, involving a defense firm disqualified from an auto negligence case because one of its lawyers previously worked for the plaintiff on a prior similar claim. Apparently, they need the case more than they fear the repercussions, as they are fighting this on appeal (on […]

Cole Scott Faces DQ Bid In Fla. Crash Suit Over Atty

I’m not sure how having a personal relationship with co-counsel merits disqualification, but I know how an insurance defense lawyer using your attorney client communications from a previous case in which he represented you causes a serious problem. Sarah Stratemeyer’s motion to disqualify Cole Scott from the case alleges that the firm has a conflict […]

Everyone Just Needs To Calm Right Down

The Ohio Supreme Court on Wednesday suspended a criminal defense attorney for one year, with six months stayed, over the attorney filling a Pringles can with his own feces and throwing it in the parking lot of a victim advocacy center just before meeting with the center’s staff in court about a murder case. Jack […]

Atty’s Deposition Conduct Nets $19K In Sanctions

Lawyers need to effectively manage their emotions when things get heated. In transcripts of various depositions examining the plaintiffs’ four experts, then-Kline & Specter attorney Thomas Bosworth “alternated between being rude, demeaning and obnoxious,” U.S. District Judge Stephanie L. Haines said in her Wednesday opinion, highlighting Bosworth’s use of a “higher-pitched, mocking tone to belittle […]

The Endless Courthouse Drama When Hospitals Are Determined To Hide Their Policies And Procedures

I posted recently about frivolous defenses and appeals raised by defendants, often because their insurance carriers have the resources to waste time and the incentive to hold on to the money that will eventually be paid to satisfy the claim. When we hear about frivolous claims, it is usually from insurance interests complaining that non-meritorious […]

Don’t Be So Easy On Yourself

Trying to sum up our risky business, my Dad used to quote President Nixon: “Failure isn’t falling down. Failure is not getting up after you’ve fallen down.” Jason Isbell put it another way in this song against self-pity. Don’t be so easy on yourself (don’t be so easy on yourself)Don’t be so easy on yourself […]