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March 27, 2013

Why Play by the Rules?

...the behavior of the lawyers who are part of this culture. I agree with him completely, and have written about “Disengenuous Lawyers” and “Short-sighted Lawyers” in this blog. My answer to my client is: 1. By answering the questions completely, and reserving only privileged or confidential material, the other side is helping us to prepare our case, and we are showing the other side that we have a strong one. Acting like you have something to hide j...

December 10, 2018

Truth, Myths, and Lies

...precedent of wise religious and philosophical figures, all over the globe, coming up with these ideas as our civilizations matured is profoundly important, even though the myths used to convey them are lame and false. In a tribal, myth-filled, brutal, violent, and ignorant, world, such ideas truly were revolutionary. That was the amazing thing, that these ideas would occur to brilliant people around the world and spread. Perhaps some day they will...

April 27, 2018

E-Mail Pitfalls and Opportunities

...tter for the client on the day they retain me. I explain that I bill for incoming e-mails (if asked to audit, I add the “sent” e-mails for completeness). I urge the client to save minor questions and send in a numbered format, one or two lines per items. I stress that conciseness is important, and long, rambling, e-mails are hard to absorb, hard to summarize for the court, and hard to read on a screen. 12. I give the client a method to collect the...

September 25, 2013

A Small Town Lawyer’s Opinion on Keeping One’s Views to One’s Self.

...John McCain (and his pretty side kick??!!) I assured my critics she would “come around”. Ouch! No one is right all the time! 2. I warned my FB Friends that Obama was inexperienced, way too liberal, and naïve on foreign policy. 3. I was pretty much right on. 4. But, his decisions re: Afghanistan were measured and moderate. Reference: Bob Woodward’s “Obama’s War” 5. He wound up our fiasco in Iraq, but followed Fareed Zacaria’s advice to do so by fol...

December 31, 2014

My big changes for 2015; (Burt’s 2015 New Year’s Resolutions)

...60 hours of CLE (continuing legal education). 13. I will reevaluate how I communicate on the Internet, personally and professionally. 14. My goal is to push the limits of communication and education, including at least 50 more blog articles. 15. I will live this year as if I am approaching the beginning of the last decade of my professional career. 16. To this end, I must attend to nutrition, health, fitness, and weight! 16. Continuing goals, unt...

November 5, 2010

One Week, Out of My 1900 On Earth So Far

...ow. Clear fault, $50,000 in medical bills and lost wages, and my client’s “underinsured coverage” adjustor valued the claim at $85,000. Should be more like $200,000, so it looks like they may make us file one of those “frivolous lawsuits” the insurance companies want you to believe we like to file. 3. Convinced the WV Dept of Health and Human Resources Child Protective Services to interview some children and am thrilled they are recommending that...

March 21, 2018

You Aren’t Going to Mediation! (Now what will you do?)

...lping the party assess risk benefit. Good lawyers and mediators NEVER put undue pressure on a party. p. IN SUMMARY, well prepared litigants with positive attitudes, and competent lawyers with negotiating skills are perfect compliments to competent mediators. Together they can be a power team in achieving a negotiated settlement. So, mediate, mediate, mediate, but if no mediation, learn how to negotiate! Where possible, hire a good lawyer!...

June 9, 2010

What? Sue my employer? (Deliberate Intent)

...s a claim or suit to be filed against the employer, over and above workers comp. Of course, if you recover, you must deal with workers comp.’s “subrogation claim” for the value of medical bills it pays. That can be negotiated as part of a fair compromise settlement. In a case where the employer knowingly failed to provide a safe workplace, where injury was foreseeable and inevitable, a claim exists. For a serious injury, the recovery can be substa...

May 23, 2018

YOU HAVE YOUR COURT APPROVED PROPERTY SETTLEMENT AGREEMENT: NOW WHAT?

...r/his contract that they will not be responsible for the QDRO. If it’s too complicated for them, it will be too complicated for you, and getting another lawyer to do it for you may cost you twice as much and take twice as long. And, what conscientious lawyer will leave this huge “loose end” for you to deal with.? f. You need the retirement “plan administrator” to pre-approve the QDRO. g. The other party needs to approve the QDRO. h. Then your Fami...

August 26, 2012

The Delusion of Klout.com; a Lesson in Ego Deflation

Klout.com was catering to my ego and inflated self importance, showing a steady rise from 13 to 59, still below Justin Bieber and President Obama, but a nice boost to my healthy, perhaps too healthy, ego. I just read in Wired online that they revised their criteria, adding 400 new factors, so they dropped me from 58 to 38 overnight! The week before I reached the lofty number 59. It is a good reminder that I need only do what I can and, no doubt,...