New LAW Books

December 2012

by Susan Broome, Ph.D.

You’ve been hard at work on your client’s behalf for months or, even, years. Don’t leave his fate in the hands of an unfairly biased juror. Pattern Voir Dire Questions covers 26 different types of cases and more than 150 distinct topics, including:

Assault and battery
Breach of contract
Civil rights violations (§1983)
Dog bites
Domestic violence
Employment discrimination
Fraud
Homicide
Medical malpractice
Pain and suffering
Slip and fall
Workplace safety

This huge inventory of questions, culled from author Susan Broome’s 20+ years’ experience consulting with trial lawyers, includes fact-specific questions (e.g., in a Toxic Tort case, “Do you think of yourself as an environmentalist?”), as well as questions that probe jurors’ attitudes on broader issues. For example:

If it were up to you, would you change the law to limit the amount of money a jury could award in a lawsuit?
How do you feel about awarding money to compensate a person for emotional pain and suffering?
How do you feel about awarding punitive damages – that is, awarding one party a sum of money as a means of punishing another party?
Which is the more important objective in sentencing people convicted of a crime - punishment or rehabilitation?
Does the criminal justice system treat criminals too harshly, about right, or too leniently?
Do you agree or disagree with this statement: “The rights of people accused of committing a crime are better protected than the rights of victims.”?

Click here to learn more

Pattern Voir Dire Questions, book and CD $99

September 2012

Divorce Tools & Techniques

by Rory T. Weiler

The emotionally charged process of dissolving a marriage virtually guarantees that complications will arise, even in a “simple” divorce. Divorce Tools & Techniques provides proven advice, based on author Rory T. Weiler’s 30+ years’ experience as a family lawyer, to help you manage the ups and downs of the divorce process and achieve the best results for your clients: For example:

Lay the groundwork for trial early in the attorney-client relationship: In my experience, the second biggest mistake most family lawyers make in trying cases is failing to sit down with the client, early in the divorce process, and discuss -- clearly, candidly and in detail -- exactly what a trial is going to cost, in both economic and emotional terms. The biggest mistake most family lawyers make is . . . . [§9:01]
Take control of negotiations without saying a word: Sometimes, the opposing party just has to make sure you know what a low-down wretch your client is. Once that has been established, fruitful negotiations can begin. In those cases, the best way to take control of a settlement conference is to recognize and indulge a little blowing off of steam. By indulging the aggrieved spouse . . . . [§8:103]
Deal with a recalcitrant client: If your client is unwilling (or unable) to pay your trial retainer, the best course of action is to seek leave of court to withdraw as counsel. Judicious use of a motion to withdraw reinforces in your client’s mind that your services have value and, more often than not in my experience, results in payment of the retainer. [§9:23]
Deal with a stubborn client: If your client digs in his heels and refuses to comply with discovery requests, the best way to deal with this situation is . . . . [§3:31]
Deal with a forgetful witness: If your witness has forgotten your careful pretrial instructions to him concerning foundation testimony and, consequently, you are having trouble authenticating a document, simply trying to refresh the witness’ recollection won’t work. The problem is not that the witness’ memory is exhausted, but that he doesn’t understand what you are trying to get him to say. In that instance, I find that the best approach is to . . . . [§10:11]]

Click here for more tips excerpted from the book

Negotiating with Insurance Companies

by Joseph Vaccaro

Many plaintiffs’ attorneys waste negotiating time and damage their credibility by presenting information that adjusters simply do not care about.

Negotiating with Insurance Companies, written by insurance insider Joseph Vaccaro, will teach you how to increase the size of your clients’ settlements by using language, arguments and evidence that move adjusters and claims personnel. For example:

Use buzzwords to get the carrier set an appropriate reserve. In your initial letter to the carrier, do not say simply, “My client is experiencing pain in his shoulders, neck and back.” Instead say, “My client is experiencing numbness and tingling down the arm, and as you know, that could be indicative of a possible herniated disc." Your goal is to get the adjuster thinking in terms of what the potential damages could be and to adjust his reserves upward. [§4:31]
Use photos to help tell the damages story early in the case and convince the adjuster to set a high reserve. If your client suffered a broken bone, get a copy of the X-ray, take a photograph of it while it's sitting in a view box, and send it to the adjuster along with your initial letter. Looking at a broken, twisted bone is likely to cause the adjuster to have an "OUCH" reaction. [§4:31]
Use predictive software designed for plaintiffs. When attempting to negotiate a settlement with a carrier who relies heavily on Colossus, obtain your own predictive software report. This report, along with copies of actual verdicts from other similar cases, can be a powerful negotiating tool against the carrier's "lowball" evaluation. [§1:31]
Influence reserves by regularly sending the adjuster information on your client’s claim. The reserve is the thread that weaves the entire claim together from beginning to end. It is your job to provide information to the adjuster on a frequent and consistent basis, so that the reserve can be increased to a proper level. Provide any and all information that has a positive impact on your case, even if it is not admissible. Feeding this information to the adjuster will . . . [§3:22]

Click here for 22 more tips pulled from the book.

Negotiating with Insurance Companies, book and CD $99

November 2011

Proving Damages to the Jury

by Jim Wren

What motivates jurors to award big damages? Positive values motivate.

Despite this fact, most plaintiff attorney automatically default to talking about negative values, such as how much things like pain and suffering are worth. This is the wrong approach.

A better approach is to focus on the positive values at stake in your case and to engage jurors to protect those values by awarding significant damages. Jim Wren’s Proving Damages to the Jury gives you the tools you need to implement this more effective approach:

Understand how jurors think and build your damages message on the values jurors already believe to be right and significant:

What are the 5 crucial juror biases acquired from social conditioning? [§1:50-1:56]
What are the 16 biases that naturally occur in thinking? [§1:80-§1:95]
Community, personal dignity, and good health are positive motivators. What other positive values motivate jurors to award damages? [§1:71]
Why is “family” such an important positive motivator? [§1:72]
What is the proper way to develop juror anger as a motivator for damages? [§1:62]

Develop your damages case with juror biases and motivations in mind. Substantial verdicts for damages, particularly intangible damages, spring from the desire of jurors to make a statement about what is right and significant. Use these tools to help feed that desire:

1 simple exercise to identify the most powerful themes in your case [§3:15]
8 tips for finding the right damages metaphor [§3:140]
7 principles for developing the story of your damages case [§3:43]
Key damage issues to develop in the initial phone screening, written questionnaire and first meeting with a client in a personal injury case [§5:20], a wrongful death case [§5:30], a business injury case [§5:40], and real property damage case [§5:50].

Read more about the book.

Proving Damages to the Jury, book and CD $69

September 2011

Pattern Cross-Examinations

by Walter R. Simpson

The tips and techniques provided in Pattern Cross-Examinations will help you tackle these tough challenges of cross-examination with ease and finesse:

Dealing with the sarcastic or non-responsive witness
Handling the confrontational witness
Rattling the expert witness
When to ask an open-ended question
When to push a witness and when to back off

10 practice-specific chapters

Multiple pattern examinations are provided for each of the following specialties:

Auto accidents
Breach of contract
Civil assault and battery
Civil rights
Employment discrimination
Insurance policy litigation
Malicious prosecution
Medical malpractice
Premises liability
Products liability

Read more about the book.

Pattern Cross-Examinations, book and CD $69

August 2011

Drafting LLC and Partnership Agreements

by Joseph W. Boucher

Drafting issues vary materially industry to industry. Limited liability company operating agreements need to deal with those differing issues and reflect the characteristics of the particular business. Joseph W. Boucher’s Drafting LLC and Partnership Agreements provides pattern operating agreements, drafting advice, issue spotters, questions to ask clients, management issues to resolve, and drafting points – all tailored to the following industries:

Agricultural
Construction
Manufacturing
Wholesale
Retail s Insurance
Real Estate Development
Service
Technology
Medical Device
Computer Software
Technology Hardware

Read more about the book.

Drafting LLC and Partnershsip Agreements, book and CD $69

February 2011

Personal Injury Handbook

by Larry Booth and Roger Booth

As insurers grow more miserly, it is more important than ever to carefully select, investigate, prepare, and prosecute your cases.

Personal Injury Handbook is loaded with valuable practice aids and tips that will help you maximize the value of each of your cases. It contains innumerable tips, plus 140 forms and 60 checklists specific to these 14 types of cases: