Civil Litigation

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Special needs trust protects injury victim’s funds from ERISA reimbursement in 5th Circuit

In recent years we have dealt with increasingly aggressive demands for reimbursement by all manner health insurance and benefit plans when people who are seriously injured recover money from the insurer for the party at fault.
After the injured person’s lawyer fights to get compensation for the client, the health insurance benefit plan to which the … Continue Reading

The learning curve of a bar president

In the past 10 days this plaintiffs’ trial lawyer, in the capacity of State Bar of Georgia president, has co-presided over a joint meeting of the State Bar Executive Committee and the Georgia Supreme Court, had a joint press conference with the Attorney General of Georgia and spoke at a lunch meeting that included general … Continue Reading

News stories about lawyers filing a “$10 million lawsuit”

On a local news broadcast tonight, I heard a story about someone filing a “ten million dollar lawsuit.” Four points:

Good lawyers litigate their cases in the courts, not in the media.
Anyone can name a big number in a lawsuit. That is NOT the same as recovering that amount for a client. Generally when I see … Continue Reading

Georgia passes Uniform Interstate Discovery and Depositions Act

The Uniform Interstate Discovery and Depositions Act has finally passed in Georgia. It will make it easier for Georgia lawyers to get subpoenas for depositions, document production and inspection of premises in other states that have enacted the same uniform law, and will make it easier for lawyers in those states to do the same … Continue Reading

Trial preparation – video recording of depositions

My law practice is focused on commercial trucking accidents, personal injury and wrongful death cases for plaintiffs. As president of the State Bar of Georgia, I have many occasions to speak to groups, both in and out of my practice area. The following is excerpted from my presentation — “Trial … Continue Reading

Trial preparation – propose stipulation that attorneys can issue deposition subpoenas

My law practice is focused on personal injury, wrongful death and commercial trucking law practice. As president of the State Bar of Georgia, I have many occasions to speak to groups, both in and out of my practice area. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 … Continue Reading

Trial preparation – draft jury instructions early

As president of the State Bar of Georgia, I often have occasion to speak at events that extend beyond my own personal injury, wrongful death and commercial trucking law practice. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 Minutes” – at the Georgia Law of … Continue Reading

Trial preparation – field investigation

As president of the State Bar of Georgia, I often have occasion to speak at events that extend beyond my own personal injury, wrongful death and commercial trucking law practice. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 Minutes” – at the Georgia Law of … Continue Reading

Trial preparation – social media

As president of the State Bar of Georgia, I often have occasion to speak at events that extend beyond my own personal injury, wrongful death and commercial trucking law practice. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 Minutes” – at the … Continue Reading

Trial preparation – invest in the interview

As president of the State Bar of Georgia, I often have occasion to speak at events that extend beyond my own personal injury, wrongful death and commercial trucking law practice. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 Minutes” – at the Georgia Law of … Continue Reading