A trial lawyer friend wrote me about my policy of not agreeing to secrecy or confidentiality as a condition of settlement when demanded by the insurance company or defendant. He pointed out a recent ethics opinion in some state that held it unethical to have such a policy in the client fee agreement. I thought I’d share my response with you. I’ve seen opinions like that, but I believe, short of discrimination, I can decide who to represent and under…
David Ball’s book Ball on Damages should be on every plaintiff lawyer’s shelf. He has not only accurately captured the correct way to present your case, but has explained the reason why it should be done that way. What follows are some random points David makes that I think are of particular importance in generaland as toopening statement in particular. I’ve "interpreted" them so for the precise thing David has to say, see the book. Let’s start with what I…
Here are two unrelated suggestions. The first involves a case where there is a minor with serious injuries and the importance of calling the guardian as a witness so the jury is aware any recovery is protected for the minor under court supervision. The second is simply an outline for use on cross examination in malpractice case where abnormalities were not promptly acted upon. This is a one page outline of how one mightorganize the primary points you want to…