Lawyers

Hear Ye, Hear Ye, Testimony For Sale! (NY Personal Injury Lawyer Explains)

February 17, 2013 | by Michael Bersani

First, some background: The wheels of justice would come to a screeching halt without the Court’s power to subpoena non-party witnesses to testify in court. Subpoenaed witnesses, like it or not, must appear in court, take the oath, and testify about what they saw, heard, or know. In civil cases (such as personal injury trials) the judge doesn’t issue the subpoena, rather, the lawyers for the parties do under their authority as “officers of the court”. Each side subpoenas the witnesses it needs.

And it’s dirt cheap. In New York the party subpoenaing the witness must pay him only $15 a day (CPLR 8001[a]) no matter who he is or what he does for a living. The $500-an-hour business consultant is entitled only to the same $15 an hour as the street sweeper. Each has the same civic duty to appear. And if either refuses, he can be held in “contempt of court”, a punishable offense.

But can a party pay a subpoenaed witness more, even a lot more, if both agree to it? That’s the issue that came up in the recent Court of Appeals (highest Court in New York) case of Caldwell v. Cablevision Systems Corporation.

CNY Injury Lawyer Discloses The Solution To Frvolous Lawsuits

February 3, 2013 | by Michael Bersani

Are you against frivolous lawsuits? Good, me too. Not to worry. I’ve got the solution. Hold on. First a story.

Several years ago, a fellow Central New York personal injury lawyer secured a famously large settlement on a personal injury case. At a party a few days later, someone took issue with his fee. “Your 1/3 fee on that big settlement is not fair”. My quick-witted friend replied, “you’re right — it’s not fair. I did ALL the work, I took ALL the risks, but my client gets 2/3 of the money – NOT FAIR!”.

He was just kidding, of course. But in Spanish there is a saying: “From every joke, some truth does poke” (de broma en broma la verdad se asoma). The point of the joke is that, yes, the contingency fee IS fair! Actually, not only is it fair, it is the only system that makes “justice for all” possible. That’s because most people could never afford charge-by-the-hour legal fees. But even if you are poor, if you have a legitimate claim, you can find a lawyer to take the case on a contingency fee basis.

Personal Injury Lawyer Trial Tips By The Greatest New York (and other) Trial Lawyers

November 10, 2012 | by Michael Bersani

One great thing about being a personal injury trial lawyer, whether in New York or elsewhere, is that you can keep improving, keep getting better, keep honing your skills, forever.

Recently I have been listening to lectures by some of the best New York trial lawyers, as well as great trial lawyers from other States, about how they try personal injury cases. The most recent one I listened to is Jim Perdue’s “The Art of Story Telling”. Jim is a well-respected Texas trial lawyer. I had read some of his stuff years ago, so this was kind of a refresher course. Jim’s basic premise is that a jury trial is all about story-telling, and the side that tells the best, most credible story, wins. Here are some notes I talked into my smart phone as I listened:

(1) Tell the jury the safety rule the defendant violated, then tell them why the rule is important, then show how defendant broke the rule, then show them the harm defendant’s breaking the rule did to plaintiff.

Central And Syracuse NY Trial Lawyer Continues To Learn

September 22, 2012 | by Michael Bersani

Fellow New York personal injury lawyers (and would-be ones) let me tell you about a free online subscription I just love. Eliot Wilcox, a Florida trial lawyer, runs a great blog with an email subscription to a weekly trial skills review. It is a three minute read each Friday, and reminds us personal injury lawyers of important trial skills.

No matter how good you are at trial, these quick reminders can help you be even better. Even great golfers need to be reminded once in a while to keep their head down on the swing. Same with trial lawyers. We may have learned all the good techniques, but being reminded to use them from time to time is great for our “swing”.

Elliot’s philosophy is like mine: Never stop learning. No matter how good you are, you can always get better. Life is short, and trial skills are long.

Words Matter To Syracuse NY Personal Injury Lawyer

May 6, 2012 | by Michael Bersani

What are the most important weapons a personal injury lawyer brings to court? Give up? OK, I’ll tell you: words.

Words are the arrows in the personal injury lawyer’s quiver. The “mot juste” (the right word), as the French say, can make all the difference. That’s why the best New York personal injury lawyers spend lots of time before a trial deciding what words to use in describing what happened to their client, and how they are suffering as a result.

Don’t think words matter that much? Watch this short video and you might change your mind:

Auburn NY Personal Injury Law Firm Office Manager Carol Beach Retires!

January 24, 2012 | by Michael Bersani

In February 1967, a young lady showed up for her first day of work at the Auburn, New York law offices of attorney George M. Michaels, our own Lee Michaels’ father. (George is famous in New York – you can look him up on wikipedia). Lee, a young whipper-snapper fresh out of law school, joined the firm about two years later, and Carol has worked with Lee ever since.

But the story goes back further; Lee and Carol went to East Auburn high school together. Carol was two years ahead of Lee. Carol tells the story of how, back then, one of her teachers told the girls, “treat the under classmen well because remember, you could be working for them one day”.

Times have sure changed. Today, any teacher who made a statement like that would be accused of rank sexism. But guess what — that teacher was right! Carol ended up working for Lee for 43 years. And she worked with the rest of us ever since we joined the firm, too. She has been our head secretary and office manager for decades.

Syracuse New York Wrongful Death Trial Preparation

January 20, 2012 | by Michael Bersani

I have a Syracuse New York wrongful death trial coming up in about six weeks. Six weeks may seem like a long time to you, but for preparing a complex trial, it is not. I started gearing up a few weeks ago.

The first thing I do is create a “to do” list for the trial preparation. As I get things done on my list, it feels good to cross them off. My list gets shorter and shorter.

In this case, my “to do” list is still quite long. There will be, I believe, more than 30 witnesses. I have to prepare “direct examinations” of the witnesses I am going to call, and “cross-examinations” of the ones I expect my opponents to call. And you don’t just “wing it” up there. No, that’s a recipe for disaster. You have to plan out carefully every line of questioning, and have exhibits and deposition transcripts ready to confront any witness who strays from the truth!

“Aggressive” Lawyers Are Often All Smoke And No Fire, Says Central NY Injury Lawyer

January 8, 2012 | by Michael Bersani

Although I am a New York personal injury lawyer 95% of the time, every once in a while I let myself get talked into representing a plaintiff in a non-injury case. Usually it is to sue for breach of contract or something like that. Recently, I had a three-day bench trial (that means it was tried before a judge rather than a jury) on such a case.

My opponent was an ass. He made lots of useless objections, shouted and screamed a lot, and had a very sarcastic tone during his cross-examinations. He never smiled and he had a permanent scowl on his face. He looked mean. This particular lawyer has a reputation for being needlessly aggressive, unlikeable, and unkind. Other lawyers I have talked to about him do not think he is good or effective — he is all smoke and no fire.

He has a steady stream of clients, though. Most of them men are of a certain type. They are the kind of men who have big aggressive dogs. This lawyer is, apparently, some kind of bulldog for them.

NY Personal Injury Lawyers Should Be Required To Have Malpractice Insurance.

October 22, 2011 | by Michael Bersani

http://www.baltimoreinjurylawyerblog.com/2011/10/should_lawyers_be_required_to.html

I ran across a fellow personal injury attorney’s blog post pointing out that only one state, Oregon, requires attorneys to be covered by malpractice insurance. When you think about it, it is amazing there are no laws on the books in other states requiring attorneys to carry malpractice insurance, especially personal injury lawyers who handle multi-million dollar claims for their severely injured clients. Can you imagine surgeon not carrying malpractice insurance? Unheard of. Lawyers make mistakes, too, and their clients should be protected from that, just as doctors’ patients are.

I am not sure whether we need a law that all New York lawyers carry malpractice insurance. But I do think we need, at the very least, a law requiring full disclosure. I think all uninsured New York lawyers should be required to disclose, on their letterhead or in some other prominent place, “we do not carry legal malpractice insurance”. Why? Because most clients see lawyers as “rich” professionals, and assume they have adequate insurance coverage, just like doctors do. If they knew the lawyer they were about to hire was “bare”, they might decide to choose another lawyer who is covered.

New York Legal Malpractice Insurance: Should It Be Required?

October 22, 2011 | by Michael Bersani

I ran across a fellow personal injury attorney’s blog post pointing out that only one state, Oregon, requires attorneys to be covered by malpractice insurance. When you think about it, it’s amazing the other 49 states, including New York, do not require attorneys to carry malpractice insurance, especially personal injury lawyers who handle multi-million dollar claims for their severely injured clients. Can you imagine a surgeon not carrying malpractice insurance? Unheard of. Lawyers make mistakes, too, and their clients should be protected from that, just as doctors’ patients are.

I am not sure whether we need a law requiring all New York lawyers to carry malpractice insurance. But I do think we need, at the very least, a law requiring full disclosure. I think all uninsured New York lawyers should be required to disclose, on their letterhead or in some other prominent place, “we do not carry legal malpractice insurance”. Why? Because most clients see lawyers as “rich” professionals, and assume they have adequate insurance coverage, just like doctors do. If they knew the lawyer they were about to hire was “bare”, they might decide to choose another lawyer who is covered.

Here at Michaels Bersani Kalabanka we sue lawyers for legal malpractice in New York. From our experience, we know that it is tough to collect on a judgment against an uninsured lawyer. These lawyers have no insurance for a reason; they can’t afford it because they are already in financial straits. Usually, they have multiple debts or judgments against them, little or nothing in the way of assets, and they may file for bankruptcy to protect themselves from their malpracticed clients’ lawsuits. We have seen this happen many times.