Сообщения

Сообщения за август, 2022

The Verdict - Casey Anthony

Изображение
  Now that the outrage over Casey Anthony's acquittal has subsided a bit, I've had time to reflect on the verdict, the outrage and our criminal justice system. As a civil trial lawyer who hasn't tried a criminal case in many years, I found myself initially stunned at the verdict, but dismayed as well. Not dismayed at the verdict, but at the reaction of what seemed like the entire country, and even my very knowledgeable colleagues. I personally can't say either way that the Anthony jury got it wrong or right. And I find that most people's reaction to the verdict to be arrogant, based upon little or no information and driven by the media. Everyone who was outraged by this "travesty of justice" did all of their research on the case through their local and evening news. In a criminal case, do you realize how little information that is and that you receive the information in the format and from the perspective of the news station delivering the news? And with t

The Fallacy of a Juror's Trial Perspective

Изображение
  We all know the absurdity of not being able to mention insurance at trial, but at least a majority of perspective jurors know that the defendant wouldn't be there if he didn't have insurance. Although I'm not sure that jurors realize that defense counsel is usually a staff employee of the insurance company. But after listening to jurors during voir dire during my last trial, and talking with them after the verdict, they really think the plaintiff was the one who decided to "go to court!". This particular plaintiff went to court because the insurance company hardly offered anything to settle the case. Then after we proceed to arbitration and get a very reasonable award, the insurance company appeals the award and we're off to a jury trial. But we can't mention settlement offers or the lack of, or that there was an arbitration and it was the multi-billion dollar insurance company that decided to "go to court". I hear jurors that have had injury c

Discovery of Social Media - Facebook, Twitter etc.

Изображение
  For months now I have been sending clients a letter warning them of the perils of using social media. Honestly, very little good can come of it. Like many things in life, words and pictures can be taken out of context. Although there are certainly things posted on Facebook where the context is very clear! What happens in Seattle, should sometimes stay in Seattle.... Regardless of whether or not a person is engaged in litigation, why in the world would you want to post so many private details for the entire world to see. I suppose there is some physiological reason for it that I'm not bright enough to figure out. Although I'm sure that John Smith's exciting night out in Everett was quite something to see.... So how do you handle an interrogatory like this one? Within the last ten years have you created, maintained, or posted a listing in/or have an account with Facebook, LinkedIn, YouTube, Twitter, MySpace, Word Press, Blogger or any other social networking or blogging dev

Using Your Own Auto Insurance for Accident Injuries

Изображение
 Insurance agents have the remarkable ability to know very little about the product they are selling, or at the very least seem to do a poor job of explaining coverages to their customers. Yes, I know that there are good agents out there, I have one of them at PEMCO in Seattle, but unfortunately that isn't always the case. One of the biggest misconceptions is that if you are in an accident that isn't your fault, the other persons insurance company will pay for your medical expenses. Well, this is half true. When the other persons insurance company settles the claim with either you or your attorney, the settlement will include your medical expenses. But that doesn't help you if you do not have the ability to pay for necessary medical care now. So what's the answer? PIP Personal Injury Protection (PIP) is a coverage available in Washington that insurance companies must offer you, and if you reject it, you must do so in writing. PIP is basically health insurance if you are

Emailing Your Doctor - Great, right?

Изображение
  You have to love those Group Health commercials touting how great it is that a patient can actually email their doctor. Traditionally, the information contained in a patients medical record was dictated by the doctor into their record as the result of a face to face consultation, or sometimes from a phone note if you called in. The information that made it into a medical record as a result of a consultation, for the most part, is usually factually correct and a true representation of what the patient told the doctor. However, email is a different animal. How many times have you either sent, or been the recipient of an email that was interpreted differently than what the sender intended? In conversations, there is tone and inflection that allow the recipient to clearly understand your mood etc. Are you conveying that you're upset, angry, happy, sad or maybe you're throwing in a bit of sarcasm. Without tone and inflection, it's up to the recipient to fill in the missing bla

The Fallacy of a Juror's Trial Perspective

Изображение
  We all know the absurdity of not being able to mention insurance at trial, but at least a majority of perspective jurors know that the defendant wouldn't be there if he didn't have insurance. Although I'm not sure that jurors realize that defense counsel is usually a staff employee of the insurance company. But after listening to jurors during voir dire during my last trial, and talking with them after the verdict, they really think the plaintiff was the one who decided to "go to court!". This particular plaintiff went to court because the insurance company hardly offered anything to settle the case. Then after we proceed to arbitration and get a very reasonable award, the insurance company appeals the award and we're off to a jury trial. But we can't mention settlement offers or the lack of, or that there was an arbitration and it was the multi-billion dollar insurance company that decided to "go to court". I hear jurors that have had injury c

Discovery of Social Media - Facebook, Twitter etc.

Изображение
  For months now I have been sending clients a letter warning them of the perils of using social media. Honestly, very little good can come of it. Like many things in life, words and pictures can be taken out of context. Although there are certainly things posted on Facebook where the context is very clear! What happens in Seattle, should sometimes stay in Seattle.... Regardless of whether or not a person is engaged in litigation, why in the world would you want to post so many private details for the entire world to see. I suppose there is some physiological reason for it that I'm not bright enough to figure out. International Commercial Litigation lawyer . Although I'm sure that John Smith's exciting night out in Everett was quite something to see.... So how do you handle an interrogatory like this one? Within the last ten years have you created, maintained, or posted a listing in/or have an account with Facebook, LinkedIn, YouTube, Twitter, MySpace, Word Press, Blogger

Judge Kenneth Cowsert Retiring

Изображение
  Judge Cowsert, who has been on Snohomish County Superior Court bench since 1999, retired last Friday. I was fortunate to have tried the last case before Judge Cowsert with a verdict coming in last Wednesday. Judge Cowsert has been one of the bright lights on the Snohomish Superior Court bench and we can just hope that his replacement will be able to fill his shoes. White collar crimes lawyer . During the trial Judge Cowsert was exceptional. He made very well reasoned rulings, was accomodating and respectful of all parties and counsel, and perhaps most importantly, let us try the case. Best wishes in retirement.

The Fallacy of a Juror's Trial Perspective

Изображение
  We all know the absurdity of not being able to mention insurance at trial, but at least a majority of perspective jurors know that the defendant wouldn't be there if he didn't have insurance. Although I'm not sure that jurors realize that defense counsel is usually a staff employee of the insurance company. But after listening to jurors during voir dire during my last trial, and talking with them after the verdict, they really think the plaintiff was the one who decided to "go to court!". This particular plaintiff went to court because the insurance company hardly offered anything to settle the case. Then after we proceed to arbitration and get a very reasonable award, the insurance company appeals the award and we're off to a jury trial. But we can't mention settlement offers or the lack of, or that there was an arbitration and it was the multi-billion dollar insurance company that decided to "go to court". Creative art lawyers . I hear juror

Is It Really An Accident? (Part Two)

Изображение
  (Continued From Part One) I believe that most “accidents”, or better stated, most car crashes/collisions, are completely preventable. When another driver slams his car into the back of your car, was he on the phone? looking for new music on his IPod? looking at the “accident” that occurred on the other side of the road? The list goes on and on. But the link between all of these reasons, is one of conscious choice, conscious decision. Creative art lawyers . The driver that slams into the back of you, that runs the red light, that turns left in front of you, all made a conscious decision to do something other than paying complete attention to their driving. If your main focus while driving, is driving, I believe that the likelihood of you being involved in a car crash which is your fault, is slim to none. And as my Father used to say, Slim has left town. Don’t we all have a duty, a moral obligation to ensure that while we are driving, we do not engage in an activity that could possib

Evidence for Homeowner's Claims

Изображение
  When you are in a car crash and your car is either damaged or totaled, you have an immediate problem. At the very least, you car is drivable but damaged, or damaged beyond repair and a total loss. Assuming you have collision coverage on your car, who pays for the damage to your car? Perhaps a better question is, who do you want to pay for the damage to your car? In most cases, I recommend that you go through your own insurance company and use your own collision coverage and rental coverage. Many people don't consider using their own insurance coverage since the accident wasn't their fault, but there are potential pitfalls when going through the at fault person's insurance company. First, you are at their mercy. White collar crimes lawyer in NY . If they handle the claim slowly and treat you like a second class citizen, there isn't much you can do. But if you are going through your own insurance company, you are their insured and they owe you significant duties when ha

Who should pay for the damage to your car?

Изображение
  Unfortunately, this blog entry was prompted because of a current client's experience with a body shop. When your car is damaged in a crash, you get it repaired at a body shop. Sounds simple, but depending on your body shop and other factors, you could end up having a very unpleasant experience. It doesn't matter if you're in Seattle, Creative art lawyers in New York . Everett or Arlington, when it comes to body shops, there are good ones and bad ones. So it's vitally important to make sure that you choose a reputable shop that does very good work. (On a quick side note, you are under no obligation to use a shop recommended by an insurance company) The best way to locate a reputable shop is through a referral from friends and family. But even then, make sure that you like the shop. Does it look professional or is it a guy working out of his garage? Next, if an insurance company is paying for the repairs, DO NOT sign the insurance check until your car is completely rep

Your Property Damage Claim and The Body Shop

Изображение
  Unfortunately, this blog entry was prompted because of a current client's experience with a body shop. When your car is damaged in a crash, you get it repaired at a body shop. Sounds simple, but depending on your body shop and other factors, you could end up having a very unpleasant experience. It doesn't matter if you're in Seattle, Violent crimes lawyer in New York . Everett or Arlington, when it comes to body shops, there are good ones and bad ones. So it's vitally important to make sure that you choose a reputable shop that does very good work. (On a quick side note, you are under no obligation to use a shop recommended by an insurance company) The best way to locate a reputable shop is through a referral from friends and family. But even then, make sure that you like the shop. Does it look professional or is it a guy working out of his garage? Next, if an insurance company is paying for the repairs, DO NOT sign the insurance check until your car is completely re

Going Paperless....

Изображение
  Like most things in the world, the practice of law is constantly changing. To stay on top, not only must you stay current on relevant law, but you must also embrace new technology and move forward with it. So, we've made the jump into a "paperless" world. Currently all new client files are 100% electronic and stored on secure remote servers. Lawyer office in LA . The term for this is "cloud computing". Except for some current client files, we no longer maintain a traditional paper file. We thought that the transition would be pretty difficult, but it has been much easier than we ever imagined. The benefits to my practice and to clients have been tremendous and are being well accepted by clients. I will be going into more detail in later blog posts, focusing on how the system works, security issues and all of the great benefits. Stay tuned.

Paperless with NetDocuments - Security

Изображение
  Now that the outrage over Casey Anthony's acquittal has subsided a bit, I've had time to reflect on the verdict, the outrage and our criminal justice system. As a civil trial lawyer who hasn't tried a criminal case in many years, I found myself initially stunned at the verdict, but dismayed as well. Not dismayed at the verdict, but at the reaction of what seemed like the entire country, and even my very knowledgeable colleagues. I personally can't say either way that the Anthony jury got it wrong or right. And I find that most people's reaction to the verdict to be arrogant, based upon little or no information and driven by the media. Lawyer office in New Yoerk . Everyone who was outraged by this "travesty of justice" did all of their research on the case through their local and evening news. In a criminal case, do you realize how little information that is and that you receive the information in the format and from the perspective of the news station de

The Verdict - Casey Anthony

Изображение
  Now that the outrage over Casey Anthony's acquittal has subsided a bit, I've had time to reflect on the verdict, the outrage and our criminal justice system. As a civil trial lawyer who hasn't tried a criminal case in many years, I found myself initially stunned at the verdict, but dismayed as well. Not dismayed at the verdict, but at the reaction of what seemed like the entire country, and even my very knowledgeable colleagues. I personally can't say either way that the Anthony jury got it wrong or right. And I find that most people's reaction to the verdict to be arrogant, based upon little or no information and driven by the media. Everyone who was outraged by this "travesty of justice" did all of their research on the case through their local and evening news. In a criminal case, do you realize how little information that is and that you receive the information in the format and from the perspective of the news station delivering the news? And with t

Who should pay for the damage to your car?

Изображение
  When you are in a car crash and your car is either damaged or totaled, you have an immediate problem. At the very least, you car is drivable but damaged, or damaged beyond repair and a total loss. Assuming you have collision coverage on your car, who pays for the damage to your car? Lawyer office in New York . Perhaps a better question is, who do you want to pay for the damage to your car? In most cases, I recommend that you go through your own insurance company and use your own collision coverage and rental coverage. Many people don't consider using their own insurance coverage since the accident wasn't their fault, but there are potential pitfalls when going through the at fault person's insurance company. First, you are at their mercy. If they handle the claim slowly and treat you like a second class citizen, there isn't much you can do. But if you are going through your own insurance company, you are their insured and they owe you significant duties when handling

Your Property Damage Claim and The Body Shop

Изображение
  Unfortunately, this blog entry was prompted because of a current client's experience with a body shop. When your car is damaged in a crash, you get it repaired at a body shop. Sounds simple, but depending on your body shop and other factors, you could end up having a very unpleasant experience. It doesn't matter if you're in Seattle, Everett or Arlington, when it comes to body shops, there are good ones and bad ones. Family firm in New York . So it's vitally important to make sure that you choose a reputable shop that does very good work. (On a quick side note, you are under no obligation to use a shop recommended by an insurance company) The best way to locate a reputable shop is through a referral from friends and family. But even then, make sure that you like the shop. Does it look professional or is it a guy working out of his garage? Next, if an insurance company is paying for the repairs, DO NOT sign the insurance check until your car is completely repaired and