Category Archives: Tips

She was my life, my love, my lover. She bubbled and chortled and laughed and cried. She ordered and ordered and set and cleared. Soup to nuts; Nuts and bolts of all near. And some far. She created life and … Continue reading →

This is what I call Alzheimer’s.  Because it takes from you who you are. If you have not been personally touched by this horror, talk to friends and family.  I promise one of them will have been.  It is a … Continue reading →

Per Arlene Sankel, the Florida Bar’s Grievance Attorney for Miami-Dade County in a recent talk:  Communication is the key. Assume the client has no idea what is going on. Make explanations clear and thorough. Return calls in a timely manner. … Continue reading →

From Mark Sullivan, experienced legal malpractice litigator:  Remember, in legal malpractice cases everything in the file is discoverable.  This includes inter-office communications, which are often a major focus of discovery.  

Here I repeat one of my very favorite Tips.  I present it annually as the first post-Labor Day Tip.  I only wish I had been there!  Thank you, Judge Altonaga for sharing. Do a thorough background check!  At a DCBA Bench and … Continue reading →

You’ve determined that the judge is likely to be an obstacle to reasonable resolution.*  One possible answer:  Try to limit the judge’s involvement in the case.  No easy task.  Opposing counsel may be helpful.  This is more likely in smaller Bars … Continue reading →

You’ve determined that your client is likely to be an obstacle to reasonable resolution.  Prime fact:  In the end it is your client’s time, money and aggravation.   We’re not smarter just because we have our JD.   We simply have training … Continue reading →

Take the sting out by working with your witness to bring out your weak points before opposing counsel.  It will help maintain your witness’s credibility, always of prime importance.  

No easy answers here, but some suggestions.  One:  For your mediation opening statement, say to opposing party: “This is my only chance to talk with you directly.  There are things about this case you need to know.”  Tell it like it … Continue reading →

One of the most important qualities of an expert witness is sincerity.  Per one panelist at a recent Bench and Bar Conference, “If you can fake that the rest is easy.”