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90 Search Results for %22civil action%22

March 1, 2018

Gun Violence in America: A Small Town Lawyer’s Thoughts

...who are analyzing the behavior of millions of people and billions of transactions, and the mathematicians and physicists who understand “relativity”, black holes, the expanding universe, deep matter, deep energy, and “The Big Bang”. I am glad to know that such puzzles exist but am not bright or specialized enough to figure it all out. There are a tiny few “polymaths” who somehow seem to have synthesized a great deal of it. I guess I might aspire...

August 23, 2016

Future of the Law 2016

...irtually all cases, and conforming family court mediation rules with civil actions, the primary response was that it wouldn’t work. I think it will and will continue to espouse fewer impediments to creative mediation. “Pro bono services for the poor.” Pro bono services (pro bono publico, “for the good of the public”), as a duty of our profession, was strongly in place when I returned to the civilian bar in 1976. It has not solved the problem of ex...

December 16, 2012

I Wonder What’s Gone Wrong? Newtown Connecticut

...o death twenty innocent children, and their teachers and counselors. The reaction is predictable: 1. The shooter was “evil”, sent by the “Devil”; 2. It as “God’s will”. 3. It is time for “gun control”. 4. The Scientologists may note the person was taking an anti-psychotic drug or anti-depressant and blame the drug itself. In their world there is not such thing as as a brain illness, cognitive disorder, or “mental illness”. They prescribe a form of...

September 21, 2012

Hanging Out Your Shingle – Not for the Faint of Heart

...igh school, college, or law student, that’s a shame, and it will be a distraction. The “rap” on women of course is they do not like science and technology. Well, guess what? At the very least, current technology will double your productivity. Ignore that and you and doomed to second rate status and productivity. If women are as good, or better, than male lawyers, they have to be as good or better in technology, office management, and marketing. 8....

November 1, 2010

How an Attorney Can Be a Good Adversary

...has been taken, and denying false accusations without histrionics or overreaction. 10. These responses may fairly include counter-criticism but NOT to justify bad behavior by the attorney’s client. For example, just today a party attempted to justify allowing her son to miss his remedial English class by saying he had “already missed 3-4 sessions” while under the care of the Father. Some excuse! 11. A good adversary appears at mediation and trial...

April 18, 2011

2011 Annual Meeting of WV State Bar

...e rule and CAFA as EPA Rule restrictions; nope, he was talking about class actions! 27. When he asked how many of our members practiced in this area, two or three hands fluttered. We were approaching the cocktail hour. When he solicited questions, there were none. I was checking my Facebook. So, this guy cut to the quick, told us what we needed to know, was obviously poised and smart, and got off the stage, having done his solemn duty, even sendin...

January 31, 2011

Can Lawyers Collaborate to Their and Their Clients’ Benefit?

...ting content from structure. Over 10 years ago XML promised even more abstraction, including the ability to permit disparate databases with disparate naming conventions to exchange data. Notwithstanding their marketing claims, however, the word-processor manufacturers haven’t truly implemented XML. Take any reasonably long pleading created with Word 2007 or later and saved as “Office Open XML” and then try to open it with any other word-processor,...

January 24, 2018

A Personal Injury Glossary: Negligence, Insurance, and the Rest

...rty Bad Faith: is bad behavior by “the other guy’s” carrier. This cause of action no longer exists in WV, as our legislature outlawed it. You are limited now to a complaint through the WV State Insurance commission and possible “slap on the wrist” of the carrier. 17. Contingent Fees: personal injury litigation and claim processing can be very expensive; thus, the most common fee arrangement is a “contingent fee”. These fees may range from 10% – 40...

January 27, 2020

Mediation: Slipping Away?

...will be taking on more parenting duties. I am told that there is a large faction of family court judges, probably from ignorance, or because they want to “maintain control”, who don’t believe much in mediation. They may not have mediation as a tradition in their jurisdiction or not enough good mediators. I have written on the history of the development of family court mediation. Mediation in WV is far from perfect, as some of the best mediators s...

March 15, 2014

Preparing to Meet with Your Personal Injury Attorney

...(car or other type of accident), or have suffered an injury due to the nonaction, negligence or actions of another, it is important to see an attorney to discuss your possible claim. Before you see your attorney, gather documents and other information you may have regarding the incident that caused your injury. Bring this information with you to give your attorney. You may have different types of information depending on your situation, or your a...