Lawyers

New New York Rule Requires Lawyers to Redact or Omit Identifying Information From Court-Filed Papers.

December 6, 2014 | by Michael Bersani

New York State has a new rule — §202.5[e] of the Uniform Civil Rules of the Supreme and County Courts — requiring attorneys to omit or redact “confidential personal information” from court-filed papers. The “confidential personal information” includes social security numbers (except the last four digits), the dates of birth (except for the year), the full name of a minor (except for the minor’s initials), and financial account numbers (except the last four digits). Compliance with the new rule is voluntary until Feb. 28, 2015 at which point it becomes mandatory.

Why this new rule? Identity theft, a growing problem. Identity thieves might conceivable go to the Courthouse or County Clerk’s office to peruse publicly available litigation papers in search of enough personal identifying information to get a hold of bank accounts, etc. Further, court-filed papers are soon going online, which will make identity theft even easier.

This new rule makes perfect sense. New York personal injury lawyers like me often file in courthouses and county clerk offices “motions” attaching “pleadings” and deposition transcripts, which traditionally contained private identifying information (client’s date of birth, ss number, etc). At Michaels Bersani Kalabanka we have been proactive in protecting our clients’ personal information. For several years now we have refused to disclose our clients’ social security numbers in any “pleadings” or other publicly filed documents. When we are required to disclose such information to our opponents, we do so “off the record” so that the information won’t inadvertently show up in any public filings.

Let Me Tell You A Story . . . .

November 29, 2014 | by Michael Bersani

A good personal injury trial lawyer is a good story teller. That’s what it takes to win a trial. A trial is really about competing stories. Whichever side tells the best, most compelling, and most believable story, wins.

That’s why a good personal injury trial attorney shuns boring power point presentations with bullet points. Charts, graphs and bullet points are ok to a certain extent. But they had better be quick, colorful, and add to the story.

Why are stories so powerful at persuading juries? That’s just the way us humans evolved. Ever since we learned to speak we have been sitting around the fire telling stories that explain everything: The beginning of the universe, the cause of thunder, the creation of us humans. We are hard-wired that way. Our brains “perk up” when we start to hear a story. We pay attention. We get emotionally involved.

Central NY Injury Lawyer’s Second Circuit NYC Courtoom Appearance.

November 11, 2014 | by Michael Bersani

Last Friday I argued an appeal in the Second Circuit Court of Appeals at 40 Centre Street in Foley Square in downtown Manhattan. I had not done that I quite a while (a decade?).

When you are used to arguing appeals in State court, a Federal appeals court is somewhat intimidating and awe inspiring. But what first impressed me was the security. It is much stricter even than an airport. I flashed my attorney I.D. to the guards, fully expecting to avoid having to subject my possessions to scanning via the conveyer belt. I was wrong. My attorney I.D. was worthless in that Courthouse. Worse, I was told I had to leave my I-pad, I-phone or any other electronic device with Security. No exceptions.

My heart raced! I had my Brief, my notes, and even the entire Record on Appeal for my case in my I-pad. Then I remembered I had outlined my arguments the old-fashioned way on a yellow legal pad, too. I checked to make sure the yellow pad was in my brief case. Whew! It was there.

Central New York Injury Lawyer Finshes Up Trial

September 30, 2014 | by Michael Bersani

I just finished trying a case in Federal Court in Syracuse. It was an unusual case for me. I normally try only New York personal injury cases. But in this trial I represented a fellow lawyer who got fired from her job as Cayuga County Assistant Attorney. We claimed she was fired in retaliation for taking time off under the Family & Medical Leave Act, which would be illegal. Her employer claimed she was fired for job performance issues. I won’t have a result for several months; the judge reserved decision.

As with any trial, I put everything I had into it. I took this photo after I had delivered my “blizzard” of exhibits to the Courtroom tables. I had to put together and manage about 125 exhibits. I called about 10 witnesses to the stand — several of them fellow Cayuga County attorneys — and cross-examined almost as many. It was a busy trial!

Whatever the result, I am proud of the job I did. My client was pleased with my courtroom performance, as was my “second chair”, retired Cayuga County Judge Peter Corning. Judge Corning had handled the case through discovery, and then asked me, with the client’s consent, to try it for him.

Lawyer Gets Sanctioned For Calling Other Lawyer An A**hole.

August 20, 2014 | by Michael Bersani

Litigation lawyers are, in a sense, at war. Each lawyer is fighting for his client to prevail. A spirited fight requires, sometimes, spirited verbal exchanges.

But there are limits. Fellow lawyers, here’s a little rule of thumb: Don’t call your opponent an “asshole”.

That’s exactly what one lawyer called another in Alexander Interactive v. Adorama Inc., a case involving a simple business dispute, and not, as one would expect given the level of vitriol, a roiling matrimonial case. The insult-hurling lawyer — whose surname is coincidentally “Savage” — dropped the “A-bomb” in an email to her opponent. Then the “Savaged” opponent – who apparently denied the charge — one-upped her by flipping the email over to the judge, who then sanctioned Ms. Savage with an admonishment, despite Ms. Savage’s pleas that her opponent had “provoked” her into her transgression.

New York Personal Injury Lawyers: Be Sure To Promptly Demand That Surveillance Videos Be Preserved.

June 16, 2014 | by Michael Bersani

A recent case published in the New York Law Journal illustrates the importance of personal injury lawyers promptly demanding that surveillance videos be preserved. Surveillance cameras are virtually everywhere now: In our streets, stores, businesses, banks, schools and traffic lights. So almost every time a new case comes into your office, your first thoughts ought to be, “might there be surveillance videos? Who might have them?”

The importance of promptly demanding that surveillance tapes be preserved is illustrated in the recent case of Rodriguez v City of New York. In that case, a child was assaulted at school. The victim’s lawyer claimed the school provided negligent or insufficient supervision, thus facilitating the attack. After suit was commenced, during the deposition of one of the school employees, the employee testified that she had reviewed a surveillance video taken the day of the incident. She claimed it did not show the attack, but did show kids leaving the school.

Right after the deposition, the injured child’s attorney sent out a “Notice for Discovery and Inspection” demanding a copy of the surveillance video. The School’s lawyer sent a response indicating the video had been automatically taped over about 60 days after the incident and that, in any event, it had not shown the attack.

Judge Beating Up Lawyer In Court Teaches Us All A Lesson About Our Justice System

June 12, 2014 | by Michael Bersani

Many moons ago, before we humans invented a civil justice system, we resolved our disputes by brute force. Might made right. In the words of Thomas Hobbes, life was “nasty, brutish and short.”

Then trials and courtrooms evolved. We put down our fists and swords and let judges and juries hear our stories and resolve our disputes.

We’ve come a long way, baby.

Central NY Injury Lawyer’s Advice To Young Lawyers

April 13, 2014 | by Michael Bersani

Advice to a young personal injury lawyer:

Hey there young fella. Look at me! Grey hair is creeping up the side of my scalp. I am within shouting distance of 60-years old. I am now a veteran New York personal injury litigator. My running stride is slower, and aches and pains sometimes plague me, but hey, I’m wiser, too. So listen up young whippersnapper! Here’s a few lessons I’ve learned about life in this high-stress, time-consuming job you’ve chosen.

(1) Keep learning. No matter how good you are, someone else is always better. So be humble. You need to keep learning this trade until the day you die. Never think you know too much.

Central NY Injury Lawyer’s New Videos

March 27, 2014 | by Michael Bersani

There’s something new at Michaels Bersani Kalabanka: Personal injury informational videos. I have filmed about 20 so far (but not all are posted yet). Each runs for less than 5 minutes, and usually more like 3 minutes. Check them out here! For example, want to learn how a New York personal injury deposition works? Just click on the video. Want to know what your New York personal injury case is worth? Well, there’s a video for that, too.

Why am I posting these videos? Two reasons: (1) To answer some of my clients’ most common questions about their personal injury and medical malpractice cases and (2) To showcase our intimate knowledge of New York personal injury law to web searchers looking for a Central New York personal injury lawyer.

Filming them was easy. No notes needed. I am talking from memory because I know this stuff so well after nearly 20 years of doing it.

Beware Of Personal Injury “Settlement Mills”, Central NY Injury Lawyer Explains.

January 24, 2014 | by Michael Bersani

I came across a Stanford law professor’s study on the effect of “settlement mill” type personal injury law firms on personal injury case settlement results. If you’re searching for a New York personal injury lawyer, it’s worth a read! But since you probably won’t read it (it is 63 pages long!) let me summarize it for you.

Before I go any further, I’d better explain what we mean by “settlement mill”.

In the words of the law professor who did the study, a “settlement mill” is a “high-volume personal injury law firm that aggressively advertises and mass produces the resolution of claims, typically with little client interaction and without initiating lawsuits, much less taking claims to trial”.