Published in the Valley Lawyer September 2012
The modern trial lawyer shoulds not disregard the effect of Facebook and other social media when presenting a case to a jury. This article discusses the Court's attempt to deal with social media through revised jury instructions and developing case law. With adequate acknowledgement that social media is pervasive and here to stay, a trial lawyer can adjust to the realities of trying a case in the age of social media.
- Published in The Advocate June 2011
There are many strange twists and turns in handling Uninsured and Underinsured Motorist Arbitrations. This article highlights some of the unique nuances in handling these arbitrations and suggests a model for an agreement to use certain statutes and rules in addition to Insurance Code §11580.2. With adequate planning, agreement of counsel at the outset, and knowledge of the unique rules, an insured can effectively bring a UM/UIM case to arbitration quickly, efficiently and successfully.
"Increased Mileage" agreement allows the attorney and client to go those extra miles to obtain a great result.
- Published in Plaintiff Magazine June 2011
More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency fee agreement is not well suited for business litigation. A reasonable alternative is a "hybrid" fee agreement wherein the attorney is paid a reduced hourly rate, along with a contingency fee. However, drafting such a "hybrid" fee agreement can be more difficult than counsel might think. A mutually beneficial agreement can be reached if counsel pays close attention to the applicable Rules of Professional Conduct concerning charging liens and contingency fees. In addition, because many business cases potentially involve the award of attorney fees, how those awards will be handled are of critical importance.