Opinion Letters in Personal Injury: Perspectives

Size: px
Start display at page:

Download "Opinion Letters in Personal Injury: Perspectives"

Transcription

1 PERSONAL INJURY CONFERENCE 2015 PAPER 5.1 Opinion Letters in Personal Injury: Perspectives These materials were prepared by A. Reza Rafi, Manager Litigation Policy of ICBC, Vancouver, BC, for the Continuing Legal Education Society of British Columbia, June A. Reza Rafi

2 5.1.1 OPINION LETTERS IN PERSONAL INJURY: PERSPECTIVES I. Introduction... 1 II. Duty of Care... 2 III. Providing Value to the Client... 2 A. Examples of Non-value Added Opinions Internal Inconsistency Failure to Provide a Balanced Opinion Failure to Provide an Opinion Failure to be Descriptive Asking for Instructions where Advice is Required Timeliness of the Opinion Staying within the Scope of the Retainer... 5 B. Examples of Value Added Opinions Opinions that Result in Cost Savings for the File Reducing the Amount of Uncertainty on the File Dealing with High Risk Files Advising your Client what She needs to Know, even When it s not What She Wants to Hear Situations that Affect the Client s Broader Interests... 6 IV. Conclusion... 6 I. Introduction This paper will provide an overview of some of the best practices involved in producing an opinion letter for a client. The author of the opinion letter should focus on ensuring that the amount of time spent preparing the letter and the recommendations in the letter are proportional to the risk and uncertainty on the file. For many low risk and low uncertainty files there should be an emphasis on lowering cost to achieve value; that said, this should not occur at the expense of quality. Uncertainty is a measure of the unknowns on a file. A file could have high risk and low uncertainty when, for example, the injuries to the plaintiff are severe but the opposing party has disclosed all material facts. This paper is written from a defense personal injury perspective, although many of the principles discussed in the paper may be useful to the production of an opinion letter from other perspectives and for other practice areas. The scope of this paper is limited to cases where policy limits are not at risk of being exceeded. The paper is also not intended to provide an exhaustive list of value added and non-value added principles. Value is not the same as benefit. An opinion letter can provide benefit, but if cost is greater than benefit then the result will be waste. To achieve value, benefit must be greater than cost.

3 II Duty of Care The requisite duty of care expected of a lawyer was adopted by Kirkpatrick J. (as she then was) in Startup v. Blake, 2001 BCSC 8 at para. 67: The obligations of a lawyer are: (1) To be skillful and careful. (2) To advise his client on all matters relevant to his retainer, so far as may be reasonably necessary. (3) To protect the interests of his client. (4) To carry out his instructions by all proper means. (5) To consult with his client on all questions of doubt which do not fall within the express or implied discretion left to him. (6) To keep his client informed to such an extent as may be reasonably necessary according to the same criteria. To meet these obligations, the lawyer s primary focus has traditionally been on the quality and comprehensiveness of the opinion letter. The idea that quality and comprehensiveness equate to value is consistent with the way that lawyers are generally paid through billable hour remuneration. The more time is invested then the more the lawyer is paid, so the better the opinion should be. However, a lawyer investing more time will not necessarily provide more value for the client. The lawyer may produce the highest quality opinion letter which addresses every possible issue that could arise, but if the opinion letter does not align with the client s needs then the cost of the letter will likely outweigh any benefit derived from it. III. Providing Value to the Client The first step in providing an opinion letter is for the lawyer and client to develop a shared understanding about the level of risk and uncertainty on the file. Developing the shared understanding about risk and uncertainty should occur before the lawyer starts to draft the opinion letter. This conversation will define the objectives (or objective as the case may be) for the opinion letter, the breadth of scope that is necessary, and the level of process and expertise that is required. The objective of your opinion letter is to provide value to the client. Where the cost of the opinion letter outweighs the benefit, the result is waste. Where the cost and benefit are the same the opinion letter provides benefit but not value. Where benefit outweighs cost value is created. Benefit is not the same as value, it is a variable in assessing value. Defining objectives will help the lawyer and client identify what is needed from the opinion letter. For example, the objective of the letter may be as narrow as providing an opinion regarding the risk on past wage loss, so the client can make an offer to the opposing party. If the lawyer produces high quality opinions that are not aligned with objectives then the result is waste because the client does not need the opinions to achieve her objectives. Identifying the objectives helps shape the next step in the process which is defining the breadth of scope that is necessary. Scope and objectives are inextricably tied and understanding the objectives will help define scope. Where the risk and uncertainty on the file is low, the conversation about objectives and scope will normally be brief to avoid increased cost. In the above noted example, where the objective of the opinion letter is to assess the risk regarding past wage loss, the scope of the opinion letter would be an opinion on past wage loss. In this example, if the lawyer also produced the highest quality

4 5.1.3 opinion on risk regarding non-pecuniary damages that would result in waste because the opinion would go beyond the agreed upon scope. However, objectives and scope are not static and may be redefined depending on the risk and uncertainty of the file. Clients will also have different levels of skill and expertise, which may influence the breadth of scope necessary on a file. Once the scope of the opinion letter has been defined it is necessary to consider the cost and benefit to producing the opinion. Opinions that do not provide benefit must be avoided as cost will outweigh benefit and the result will be waste. For opinions that provide benefit, cost is estimated and weighed against the expected benefit. If cost outweighs benefit then objectives, scope, and/or process need to be redefined. Where benefit outweighs cost, value added work is being provided. It is always important to account for financial considerations, but there may be circumstances where value is created even though financial cost on the individual file is greater than financial benefit. For example, the impact on one file may have a financial impact on many other files if it creates a precedent. Another example where benefit can be captured more broadly than the financial benefit on a particular file is where the opinion is assisting in the development and implementation of an overarching strategy to manage bodily injury claims. Where these broader potential impacts exist, they should be discussed during the conversation about objectives and scope. The more time the lawyer spends on the opinion letter, the greater the cost to the client. The time spent on the opinion letter is an example of process, which needs to be proportional to the risk and uncertainty on the file. The nexus between value for the client and civil litigation in BC is captured by the object of the Supreme Court Civil Rules, BC Reg. 168/09: Object (1) The object of these Supreme Court Civil Rules is to secure the just, speedy and inexpensive determination of every proceeding on its merits. Proportionality (2) Securing the just, speedy and inexpensive determination of a proceeding on its merits includes, so far as is practicable, conducting the proceeding in ways that are proportionate to (a) (b) (c) the amount involved in the proceeding, the importance of the issues in dispute, and the complexity of the proceeding. Process and cost should be proportional with risk and uncertainty. Time spent on the opinion letter is not the only example of process. The recommendations in the letter will also define the amount of process. For example, the lawyer may recommend that several experts be retained and several witnesses be interviewed. Less process is desirable where risk and uncertainty is low to avoid cost exceeding benefit. More process is usually required when risk and uncertainty increase, but it is important that the increase in process be proportional to the risk on the file so that cost does not exceed benefit. The opposing party s behavior may also influence the amount of process that is necessary. For example, when documents are not produced in a timely manner this may necessitate the need to recommend an application to obtain a court order for production of same. A. Examples of Non-value Added Opinions To obtain value, benefit must outweigh cost. The following are examples where cost outweighs benefit; thereby, resulting in waste for the client.

5 Internal Inconsistency Failing to be internally consistent within the opinion letter will compromise the value of the letter by communicating inconsistent messages that are difficult or impossible to reconcile. An example is a case where fault is in dispute and the lawyer describes the facts in a way that is very favorable to the defense, but concludes that the defendant is 75% at fault for the accident. Additionally, the lawyer is unable to describe the gap between the facts and her ultimate opinion. The lawyer s opinion on fault provides little or no benefit due to the internal inconsistency between the lawyer s ultimate opinion and the language in the remainder of the opinion on fault. Therefore, cost will likely outweigh benefit and the result will be waste. 2. Failure to Provide a Balanced Opinion Opinions should neither be overly pessimistic or optimistic. They should reflect a realistic and balanced assessment based on the facts. Overly pessimistic opinions will provide no benefit to the client and may harm the client by overemphasizing the exposure on the file. Overly optimistic opinions may harm the client by unreasonably emboldening the client and potentially exposing her to unnecessary risk. 3. Failure to Provide an Opinion To provide value, the lawyer needs to ensure that she provides an opinion and offering an extreme range of possible outcomes fails to do so. For example, if a quantum range captures two possible extreme outcomes without an opinion or any analysis about the most likely outcome(s), the client will receive little or no benefit from the opinion. This is not to say that there may not be some circumstances where it may be necessary to provide alternate quantum opinions based on whether certain facts or opinions are accepted by the trier of fact. 4. Failure to be Descriptive Failing to be descriptive can result in the failure to provide a useful opinion. For example, the description of a person s presentation at discovery as average is not materially descriptive and does little, if anything, to further the client s understanding of the person s presentation. Without useful descriptive terms the general identification of a person as average is inadequate and provides little or no benefit. In this case, being descriptive will include a description of what the lawyer sees. For example, rather than stating that the person appeared anxious, the lawyer should describe that the person appeared anxious when she was talking about the accident because her hands started shaking and she started speaking more quickly. The lawyer should compare the consistency of this description with available documents. For example, whether the plaintiff s presentation is consistent with what she told her health care practitioners and what, if any, effect does this have on the level of risk for claims the plaintiff is advancing. 5. Asking for Instructions where Advice is Required An example is where the lawyer simply asks the client if she would like to have an expert retained for the file. Unless it has been agreed that this falls outside of scope, if the lawyer believes that expert opinion evidence is necessary for the proper conduct of the file then that opinion should be provided with a measure of the cost for obtaining the opinion compared to the expected benefit. The lawyer s opinion will also be valuable in understanding the most appropriate area of expertise and subspecialty that is necessary. Benefit is achieved by helping the client understand when expert

6 5.1.5 opinion evidence is necessary to evaluate the risk on the file and to defend the claim. In cases where there is little benefit to be gained by retaining an expert, due to a high level of certainty and low level of risk, a recommendation to obtain expert opinion evidence may lead to waste. Where appropriate, the lawyer should apply her legal skill and knowledge to save cost and add value through advice that can help with issues such as the use of joint experts. 6. Timeliness of the Opinion The timing of the opinion letter should align with the strategic objectives of the letter and the file in general. The lawyer and client should define objectives together prior to starting the opinion letter. Delays in producing the opinion letter may have an effect on its value. Nonetheless, the lawyer and client may agree to postpone the production of an opinion letter, in whole or in part, for strategic or other practical reasons such as awaiting material facts on an issue. Defining scope and objectives will often facilitate a more concise opinion letter, which should also decrease the likelihood for delays. The client may only need the lawyer s expertise on one or two points to help develop a better understanding of the file and ultimately resolve the issues in dispute with the opposing party. 7. Staying within the Scope of the Retainer As listed in Startup v. Blake, one of a lawyer s obligations is To advise his client on all matters relevant to his retainer, so far as may be reasonably necessary. The lawyer must not venture outside the retainer. For example, unless the lawyer is coverage counsel, she must not opine on coverage. With respect to matters that fall within the scope of the retainer, early discussion with the client will help define the amount of process that is reasonably necessary so that it is proportional with the risk and uncertainty on the file. B. Examples of Value Added Opinions Value is created when benefit outweighs cost. Although it is always important to account for financial considerations when assessing benefit and cost, there may be circumstances where value is created even though financial cost on the individual file is greater than financial benefit. 1. Opinions that Result in Cost Savings for the File There are lawyers that identify viable defenses where other lawyers fail to do so. The lawyer is being paid to advise the client about the availability and applicability of legal defenses such as causation to protect the interests of the client and avoid overpayment on the file. Value in the form of financial cost savings for the client will be created when the financial benefit obtained from the advice is greater than the cost of the advice. The amount of financial value created will equal the amount saved through avoiding overpayment of the claim minus the cost of the advice. Where the advice and benefit are aligned with assisting in the development and implementation of an overarching strategy to manage bodily injury claims, value may be created even when financial cost for the opinion is greater than the financial cost obtained on that particular file. 2. Reducing the Amount of Uncertainty on the File Uncertainty can be an impediment to the client achieving her objectives. For example, the client s objective may be to assess the risk on a claim because she wants to provide the opposing party with an offer to settle. However, the client may be uncertain about the Plaintiff s entitlement to a claim

7 5.1.6 for past wage loss. Uncertainty around risk creates an impediment to proper assessment of the file and reducing this uncertainty provides benefit to the client. Where the amount of process invested is proportional to the risk on the file, value is created. 3. Dealing with High Risk Files The client needs to exercise a level of skill and care (Startup v. Blake) commensurate with the risk on the file. Without the requisite level of skill and care, the quality of the advice is unlikely to meet the client s needs and the client will be exposed to unnecessary or additional risk. Where the level of skill and care is commensurate with the risk on the file, the opinion letter should help to avoid and mitigate risk on the file which, in turn, will help to prevent overvaluation and overpayment of the claim. Notwithstanding that more process will likely be needed for high risk files, the amount of process needs to be reasonable and necessary to maximize value for the client. 4. Advising your Client what She needs to Know, even When it s not What She Wants to Hear Per Startup v. Blake, one of the obligations of a lawyer is to carry out the client s instructions by all proper means. Nonetheless, in some circumstances the lawyer s advice may be contrary to the client s view on exposure. For example, the lawyer may consider exposure to risk that was not identified and could harm the client financially or otherwise. Identifying these gaps has value in avoiding blind spots that may expose the client to elevated risk. The identified gaps must be based on a reasonable and balanced assessment of risk based on all the facts. Once the lawyer has expressed her opinion, it is the client s decision whether to follow that advice. If the client chooses not to follow that advice, the lawyer must carry out the client s instructions by all proper means and protect the interests of the client. 5. Situations that Affect the Client s Broader Interests Where the client s broader interests may be affected, the definitions of cost and benefit must consider the larger impact that the result on one particular file may have. Per Startup v. Blake, the lawyer has an obligation To protect the interests of his client and to protect those interests, the lawyer needs to have an understanding of how the results on her file may have an impact on the client s business. The potential broader impact can be a negative one or an opportunity to have a significant positive impact on the client s business. In these cases more process may be necessary in the production of the opinion letter and the process should be proportional to the risks and opportunities presented by the facts. IV. Conclusion The traditional way that most lawyers approach the delivery of value is by focusing on the quality and comprehensiveness of the opinion letter. This concept is consistent with the way that lawyers are generally incentivized through billable hour remuneration. The more work that is invested into the opinion letter then the better the opinion letter must be. However, the focus of the opinion letter should be client-centric and protect the best interests of the client by maximizing value for the client. Delivering value will be achieved by identifying the objectives and scope of the opinion letter, eliminating opinions that provide no benefit, minimizing cost, maximizing benefit, and ensuring that the amount of process invested in the letter is proportional to the risk and uncertainty on the file. Financial considerations will always be important in considering cost and benefit.

8 5.1.7 However, there will be situations where the financial cost on a file will outweigh the financial benefit, but value will nonetheless be provided. The presence of quality in the opinion letter will not necessarily equate to value, but the absence of quality will result in waste. The more value the lawyer can create, the better service the client will receive. Disclaimer: The views and opinions expressed in this paper are those of the author and do not reflect the official policy or position of ICBC. Examples provided in this paper are for informational purposes only. Nothing in this paper should be construed as legal advice. Nothing in this paper should be construed as direction from the author or ICBC to anyone.

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS

NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS From 1 January 2002, all non-injury motor accident claims must comply with the Practice Direction 2 of 2001. The new Practice Direction applies

More information

Lowcountry Injury Law

Lowcountry Injury Law Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com

More information

Information, Statistics and Tips from the Lawyers Insurance Fund

Information, Statistics and Tips from the Lawyers Insurance Fund FAMILY LAW BASICS 2014 UPDATE PAPER 10.1 Information, Statistics and Tips from the Lawyers Insurance Fund These materials were prepared by Edna M. Ritchie of the Lawyers Insurance Fund, Law Society of

More information

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

More information

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements.

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements. 21 May 2014 Access to Justice Productivity Commission GPO Box 1428 Canberra City ACT 2601 Access to Justice Arrangements Draft Report Avant welcomes the opportunity to provide input into the Productivity

More information

LEGAL PROJECT MANAGEMENT

LEGAL PROJECT MANAGEMENT LEGAL PROJECT MANAGEMENT Cost management of litigation is becoming a focus of legislators in both Australia and the UK, in an attempt to streamline litigation and ensure costs are proportionate. The Civil

More information

Supreme Court of the United States

Supreme Court of the United States No. 11-1197 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- VERNON HADDEN,

More information

PRACTICE GUIDE TO THE ASSESSMENT OF COSTS

PRACTICE GUIDE TO THE ASSESSMENT OF COSTS Introduction PRACTICE GUIDE TO THE ASSESSMENT OF COSTS Since the commencement of the Civil Proceedings Rules 1998 (CPR), Judges are, for the first time, required to assess costs (a) (b) summarily at the

More information

Practice Resource. Retainer agreement and information. Personal injury contingent fee. Dear [client name]: Accident of [date of accident]

Practice Resource. Retainer agreement and information. Personal injury contingent fee. Dear [client name]: Accident of [date of accident] Practice Resource Retainer agreement and information Personal injury contingent fee Dear [client name]: Re: Accident of [date of accident] Thank you for asking my law firm to help you with your claim against

More information

Factors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability

Factors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability Factors to Consider When Handling a Long Term Disability Benefits Case Several issues may arise in the course of a lawsuit for long term disability benefits. This paper provides strategic suggestions on

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If you are a current or former user of PayPal in the United States who had an active PayPal account between April 19, 2006 and November

More information

Should Claimant s Lawyers Have a Monopoly on Informal Communications with Treating Physicians in Workers Compensation Cases?

Should Claimant s Lawyers Have a Monopoly on Informal Communications with Treating Physicians in Workers Compensation Cases? Should Claimant s Lawyers Have a Monopoly on Informal Communications with Treating Physicians in Workers Compensation Cases? Prepared by Robert D. Ingram and Preston D. Holloway Moore Ingram Johnson &

More information

OPENING INSTRUCTIONS

OPENING INSTRUCTIONS OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I

More information

PLEASE READ THIS NOTICE AND THE ENCLOSED CLAIM FORM CAREFULLY

PLEASE READ THIS NOTICE AND THE ENCLOSED CLAIM FORM CAREFULLY SUPERIOR COURT OF THE STATE OF WASHINGTON, COUNTY OF KING If You Are a Washington Health Care Provider or a Washington PIP Insured of a USAA Company, and Your Health Care Bills Were Reduced Based on an

More information

Tina Ploof v. Franklin County Sheriff s Department and (August 8, 2014) Trident/Massamont STATE OF VERMONT DEPARTMENT OF LABOR

Tina Ploof v. Franklin County Sheriff s Department and (August 8, 2014) Trident/Massamont STATE OF VERMONT DEPARTMENT OF LABOR Tina Ploof v. Franklin County Sheriff s Department and (August 8, 2014) Trident/Massamont STATE OF VERMONT DEPARTMENT OF LABOR Tina Ploof Opinion No. 13-14WC v. By: Phyllis Phillips, Esq. Hearing Officer

More information

S u m m a ry Judgment and S u m m a ry Trials in Supreme Court

S u m m a ry Judgment and S u m m a ry Trials in Supreme Court S u m m a ry Judgment and S u m m a ry Trials in Supreme Court This guidebook provides general information about civil, non-family claims in the Supreme Court of B.C. It does not explain the law. Court

More information

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case Discovery Devices Automatic (mandatory) disclosure Rule 26 requires the automatic disclosure of a host of basic information regarding the case Interrogatories Questions addressed to the other party Depositions

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov.

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov. 12 May 2014 Geoff Bowyer T 03 9607 9497 F 03 9607 5270 president@liv.asn.au Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001 By Email to: info@alrc.gov.au

More information

Disclaimer: Template Business Associate Agreement (45 C.F.R. 164.308)

Disclaimer: Template Business Associate Agreement (45 C.F.R. 164.308) HIPAA Business Associate Agreement Sample Notice Disclaimer: Template Business Associate Agreement (45 C.F.R. 164.308) The information provided in this document does not constitute, and is no substitute

More information

Hong Kong Medical Law Brief

Hong Kong Medical Law Brief 9 July 2013 Hong Kong Medical Law Brief Welcome to the July edition of Kennedys' Hong Kong Medical Law Brief. Our team of dedicated lawyers had launched a series of informative seminars for medical practitioners

More information

Document hosted at http://www.jdsupra.com/post/documentviewer.aspx?fid=2066f4aa-63a1-461f-a364-221d2e99642d

Document hosted at http://www.jdsupra.com/post/documentviewer.aspx?fid=2066f4aa-63a1-461f-a364-221d2e99642d How Much Is My ICBC Claim Worth? Each ICBC claim is unique. The value of any ICBC claim will depend on a number of factors including who is at fault, the type of injuries and the effect of the injuries

More information

Employment Standards Act in British Columbia: Terminations

Employment Standards Act in British Columbia: Terminations Employment Standards Act in British Columbia: Terminations by Robert Lesperance Lesperance Mendes Lawyers 410 900 Howe Street Vancouver, BC V6Z 2M4 604-685-3567 (tel) 604-685-7505 (fax) 2 1. TERMINATIONS

More information

MEDICAL-LEGAL MATTERS

MEDICAL-LEGAL MATTERS MEDICAL-LEGAL MATTERS These fees cannot be correctly interpreted without reference to Preamble Section c, Clause 2. Setting of BCMA Fees - General Considerations The BCMA Fees have been set by the BCMA

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

COST AND FEE ALLOCATION IN CIVIL PROCEDURE

COST AND FEE ALLOCATION IN CIVIL PROCEDURE International Academy of Comparative Law 18th World Congress Washington D.C. July 21-31, 2010 Topic II.C.1 COST AND FEE ALLOCATION IN CIVIL PROCEDURE National Reporter - Slovenia: Nina Betetto Supreme

More information

FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents

FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY Action against Medical Accidents Questionnaire The Government proposes to introduce fixed recoverable costs for all cases where

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Richard v. British Columbia, 2014 BCSC 1290 William Joseph Richard and W.H.M. Date: 20140714 Docket: S024338 Registry: Vancouver Plaintiffs

More information

THE TITLE GUARANTY: AN ATTRACTIVE IMPORT. Nevin J. Kelly Bogudar Kordasiewicz Hogan & Hartson, LLP

THE TITLE GUARANTY: AN ATTRACTIVE IMPORT. Nevin J. Kelly Bogudar Kordasiewicz Hogan & Hartson, LLP THE TITLE GUARANTY: AN ATTRACTIVE IMPORT Nevin J. Kelly Bogudar Kordasiewicz Hogan & Hartson, LLP As nearly every investor in Poland knows, Poland s turbulent past can create considerable confusion over

More information

Published in Journal of Legal Economics, Volume 5, Number 2, Fall 1995 pp.57-65.

Published in Journal of Legal Economics, Volume 5, Number 2, Fall 1995 pp.57-65. Published in Journal of Legal Economics, Volume 5, Number 2, Fall 1995 pp.57-65. The Defense Economist s Role in Litigation Settlement Negotiations Lawrence M. Spizman Professor of Economics State University

More information

Insurance Coverage Issues for Products Manufactured by Foreign Companies

Insurance Coverage Issues for Products Manufactured by Foreign Companies Insurance Coverage Issues for Products Manufactured by Foreign Companies James S. Carter August 2010 TABLE OF CONTENTS Page I. INTRODUCTION...1 II. COVERAGE PROVISIONS...1 A. Duty to Defend...1 B. Duty

More information

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601

More information

briefing Guide to litigation funding

briefing Guide to litigation funding briefing Guide to litigation funding The potential cost of litigation can be a major deterrent to bringing or defending legal proceedings even where there is a good chance of succeeding. Cost can be the

More information

Retainer Agreement and Information Personal Injury Contingent Fee

Retainer Agreement and Information Personal Injury Contingent Fee Retainer Agreement and Information Personal Injury Contingent Fee This document is a supplement to practicepro's managing the finances of your practice booklet. It reviews the steps you can take to better

More information

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE APPLICATION CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE 1. Applications for funding under the Civil Litigation Assistance Scheme can only be submitted through a private legal practitioner

More information

CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS

CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS CHAPTER 16 THIRD PARTY / OUT-OF-PROVINCE CLAIMS #110.00 INTRODUCTION A worker who suffers injury or disease as a result of employment may be entitled to compensation from sources other than the Workers

More information

IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH COURT, MAHIKENG

IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH COURT, MAHIKENG SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Toor v. Harding, 2013 BCSC 1202 Amrit Toor and Intech Engineering Ltd. Date: 20130705 Docket: S125365 Registry: Vancouver Plaintiffs Thomas

More information

What to Expect In Your Lawsuit

What to Expect In Your Lawsuit What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.

More information

A Layman's Guide To ICBC Part 7 Benefits

A Layman's Guide To ICBC Part 7 Benefits A Layman's Guide To ICBC Part 7 Benefits Prepared for MADD Revised January 2015 This guide was initially prepared in February, 2005 at the request of MADD to provide a layman's guide to ICBC No-fault/Part

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA No. Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: BENJAMIN TEPEI, ADRIAN TEPEI, ANGELICA TELESCU, CAMELIA COLCER, DAN TEPEI by his litigation guardian, Dina Tepei, and the said DINA

More information

How to Prepare for your Deposition in a Personal Injury Case

How to Prepare for your Deposition in a Personal Injury Case How to Prepare for your Deposition in a Personal Injury Case A whitepaper by Travis Mayor, Attorney If you have filed a civil lawsuit in your personal injury case against the at fault driver, person, corporation,

More information

The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES

The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES With the advent of the revised Rules of Court, it was thought appropriate to issue

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 What You Need To Know About Workers Compensation HOW TO USE THIS GUIDE If you read this guide, you will discover

More information

In Corporate Transactions will the Insurance Follow

In Corporate Transactions will the Insurance Follow In Corporate Transactions will the Insurance Follow the liabilities? b y M i c h a e l H. G i n s b e r g a n d I a n F. L u p s o n Companies buying and selling corporate assets and subsidiaries often

More information

INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY WORKERS COMPENSATION LITIGATION MANAGEMENT POLICIES AND PROCEDURES

INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY WORKERS COMPENSATION LITIGATION MANAGEMENT POLICIES AND PROCEDURES INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY WORKERS COMPENSATION LITIGATION MANAGEMENT POLICIES AND PROCEDURES In order to strengthen partnerships with claims defense counsel, ICRMA has adopted Workers

More information

Guidelines for Guardians ad Litem for Children in Family Court

Guidelines for Guardians ad Litem for Children in Family Court Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family

More information

Fast Track Litigation

Fast Track Litigation Fast Track Litigation Fast track litigation (Rule 15-1) allows you to shorten the entire litigation process if you have an action where the amount in issue is $1, or less or needs no more than three days

More information

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

More information

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000 1 Claims Post Jackson Some Additional Information Andrew Mckie, Barrister Clerksroom - May 2013 Telephone 07739 964012/ 0845 083 3000 Email: andrewmckie@btinternet.com/ mckie@clerksroom.com The EL and

More information

Limitation of Liability

Limitation of Liability Limitation of Liability Submission to the Attorney-General (Western Australia) July 2000 The Institution of Engineers, Australia Institution of Engineers, Australia 11 National Circuit, Barton, ACT, 2604

More information

Anatomy of a Medical Malpractice Case

Anatomy of a Medical Malpractice Case Anatomy of a Medical Malpractice Case You have an important story to tell Let our voice tell your story with power, clarity and effectiveness Our Litigation Team Why choose our team? We provide more than

More information

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman

More information

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2009-6 AGGREGATE SETTLEMENTS

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2009-6 AGGREGATE SETTLEMENTS THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2009-6 AGGREGATE SETTLEMENTS TOPIC: Multiple Representations; Aggregate Settlements; Advance

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC ) Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association Introduction Effective Use of Experts By: Peter Kryworuk & Tyler Kaczmarczyk Lerners LLP Litigating the Medical Malpractice Claim Ontario Bar Association April 29, 2013 The importance of expert opinion

More information

TORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians

TORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and

More information

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal

More information

A brief guide to professional negligence claims

A brief guide to professional negligence claims A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: PATRICK J. DIETRICK THOMAS D. COLLIGNON MICHAEL B. KNIGHT Collignon & Dietrick, P.C. Indianapolis, Indiana ATTORNEY FOR APPELLEE: JOHN E. PIERCE Plainfield, Indiana

More information

Expert Witnesses in the Federal Courts A Discussion Paper of the Federal Courts Rules Committee on Expert Witnesses

Expert Witnesses in the Federal Courts A Discussion Paper of the Federal Courts Rules Committee on Expert Witnesses Expert Witnesses in the Federal Courts A Discussion Paper of the Federal Courts Rules Committee on Expert Witnesses Background The role of the expert witness is to assist the court through the provision

More information

2013 Changes to the Tennessee Workers Compensation Act

2013 Changes to the Tennessee Workers Compensation Act Overview 2013 Changes to the Tennessee Workers Compensation Act On April 29, 2013 Tennessee Governor Bill Haslam signed into law the Tennessee Workers Compensation Reform Act of 2013 (SB200/HB194). This

More information

Medical Malpractice VOIR DIRE QUESTIONS

Medical Malpractice VOIR DIRE QUESTIONS Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should

More information

1. Whenever a court is required to make a settlement agreement or a draft order an order of court, before the court makes such an order

1. Whenever a court is required to make a settlement agreement or a draft order an order of court, before the court makes such an order Clarity on contingency fees agreements Mofokeng v Road Accident Fund (unreported case no 22649/09); Makhuvele v Road Accident Fund (unreported case no 19509/11); Mokatse v Road Accident Fund (unreported

More information

Alternate Dispute Resolution and Asbestos

Alternate Dispute Resolution and Asbestos Page 1 of 6 Alternate Dispute Resolution and Asbestos From National Insulation and Abatement Contractors' Outlook Magazine, April 1990 John E. Osborn The 1980 s have seen the passage of a massive volume

More information

NOTICE OF PENDING CLASS ACTION AND PROPOSED SETTLEMENT

NOTICE OF PENDING CLASS ACTION AND PROPOSED SETTLEMENT Karen Washington v. Key Health Medical Solutions Inc. NOTICE OF PENDING CLASS ACTION AND PROPOSED SETTLEMENT READ THIS NOTICE FULLY AND CAREFULLY; THE PROPOSED SETTLEMENT MAY AFFECT YOUR RIGHTS! IF YOU

More information

CRISIS IN THE COURTS: IS ADR THE ANSWER? 1

CRISIS IN THE COURTS: IS ADR THE ANSWER? 1 CRISIS IN THE COURTS: IS ADR THE ANSWER? 1 Our system of court is archaic and our procedure behind the times. Uncertainty, delay and expense and the backwardness of our procedure, have created a deep-seated

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC ) Title Preparations for Personal Injury Trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

ARBITRATION ADVISORY 1997-03 FEE ARBITRATION ISSUES INVOLVING CONTINGENCY FEES. August 22, 1997

ARBITRATION ADVISORY 1997-03 FEE ARBITRATION ISSUES INVOLVING CONTINGENCY FEES. August 22, 1997 ARBITRATION ADVISORY 1997-03 FEE ARBITRATION ISSUES INVOLVING CONTINGENCY FEES August 22, 1997 Points of view or opinions expressed in this document are those of the Committee on Mandatory Fee Arbitration.

More information

INSURANCE CLAIMS HANDLING & REPORTING PROTOCOL

INSURANCE CLAIMS HANDLING & REPORTING PROTOCOL INSURANCE CLAIMS HANDLING & REPORTING PROTOCOL PURPOSE: The purpose of the Protocol is to guide all affected parties, including Council, County staff, Board appointees and volunteers, in their responsibilities

More information

Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM

Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM The State Courts regard Alternative Dispute Resolution (ADR) as the first stop of a court process. ADR is crucial in the cost-effective and amicable resolution

More information

Working with an Expert

Working with an Expert EXPERT EVIDENCE PAPER 2.1 Working with an Expert These materials were prepared by Leslie J. Mackoff of Mackoff & Company, Vancouver, BC for the Continuing Legal Education Society of British Columbia, October

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) Morrison v. Mattamy Arizona LLC et al Doc. 1 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 1 1 1 1 Carolyn Morrison, Plaintiff, vs. Mattamy Arizona, LLC, et al. Defendants. No. CV-1-0-PHX-PGR

More information

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Merlo v. Canada (Attorney General), 2013 BCSC 1136 Date: 20130625 Docket: S122255 Registry: Vancouver Between: Brought under the Class Proceedings Act,

More information

TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies

TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP Please note that this article is only intended to provide some general educational information regarding

More information

The Continuing Legal Education Society of Nova Scotia. Communicating with Clients regarding Damage Awards

The Continuing Legal Education Society of Nova Scotia. Communicating with Clients regarding Damage Awards The Continuing Legal Education Society of Nova Scotia Communicating with Clients regarding Damage Awards Donald L. Presse Presse & Mason -------- Suite 1110-1660 Hollis Street, Halifax, Nova Scotia, CANADA

More information

CHBA Briefing Note on Liability in the Residential Building Industry

CHBA Briefing Note on Liability in the Residential Building Industry CHBA Briefing Note on Liability in the Residential Building Industry Introduction Objectives The objective of this report is to present some recent developments in Canada on the topic of liability in the

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

The Case Planning Conference

The Case Planning Conference The Case Planning Conference The purpose of a Case Planning Conference (CPC) is to bring the parties together early in the litigation to talk about how the case will proceed. A CPC is not mandatory, but

More information

Making Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq.

Making Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq. Making Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq. Florida Continues as National Leader in Disciplinary

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy

More information

PRE-ACTION PROTOCOL. Re: Road Traffic Accidents and Personal Injury Claims. 1.1. The aims of the pre-action protocols are:

PRE-ACTION PROTOCOL. Re: Road Traffic Accidents and Personal Injury Claims. 1.1. The aims of the pre-action protocols are: 1 PRE-ACTION PROTOCOL Re: Road Traffic Accidents and Personal Injury Claims 1. GENERAL 1.1. The aims of the pre-action protocols are: (a) (b) (c) to foster more pre-action contact between the parties,

More information

NOTICE OF CLASS ACTION SETTLEMENT AND FAIRNESS HEARING

NOTICE OF CLASS ACTION SETTLEMENT AND FAIRNESS HEARING UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS Anthony Abbott, et al., Plaintiffs, v. Lockheed Martin Corp., et al., Defendants. Case No. 06-cv-701 Chief Judge Michael J. Reagan NOTICE OF CLASS

More information

The Defense Lawyer s Tool Kit For Working With Medical Experts

The Defense Lawyer s Tool Kit For Working With Medical Experts The Defense Lawyer s Tool Kit For Working With Medical Experts Jessie L. Harris You may have to play catch-up, but you can play it to win. Jessie L. Harris is a trial lawyer and Member in the Seattle office

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA Date of Release: January 31, 1996 No. B934523 Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: ) ) EMMA ESTEPANIAN, by her Guardian ) Ad Litem, SABINA GHAZARIAN ) REASONS FOR JUDGMENT

More information

Present Situation of IP Disputes in Japan

Present Situation of IP Disputes in Japan Present Situation of IP Disputes in Japan Feb 19, 2014 Chief Judge Toshiaki Iimura 1 1 IP High Court established -Apr.1.2005- l Appeal cases related to patent rights etc. from district courts nationwide

More information

Covering the Field: Sport-Related Personal Injuries and Insurance Coverage. By Anita G. Wandzura. McKercher LLP

Covering the Field: Sport-Related Personal Injuries and Insurance Coverage. By Anita G. Wandzura. McKercher LLP Covering the Field: Sport-Related Personal Injuries and Insurance Coverage By Anita G. Wandzura McKercher LLP #1 Ranked Law Firm in Saskatchewan Canadian Lawyer Magazine, October 2011 November 2011 McKercher

More information

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC Expenses and Funding of Civil Litigation Bill Consultation Response by GCC (A) Speculative Fee Agreements: Q1: Do you think that a lack of cap on speculative fee agreements prevents potential pursuers

More information

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND PROTOCOL FOR CLINICAL NEGLIGENCE LITIGATION

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND PROTOCOL FOR CLINICAL NEGLIGENCE LITIGATION IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND PROTOCOL FOR CLINICAL NEGLIGENCE LITIGATION 1. Practitioners are reminded of the need to bear in mind the overriding objective set out at Order 1 rule 1(a)

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

Retainer Agreement Family Law. This document should be adapted to suit your practice and the matter it is being used for. See Note below.

Retainer Agreement Family Law. This document should be adapted to suit your practice and the matter it is being used for. See Note below. Retainer Agreement This document is a supplement to practicepro's managing the finances of your practice booklet. It reviews the steps you can take to better manage the finances of your practice, and is

More information

A REASONABLE PERSPECTIVE ON RECREATIONAL INJURY LIABILITY

A REASONABLE PERSPECTIVE ON RECREATIONAL INJURY LIABILITY A REASONABLE PERSPECTIVE ON RECREATIONAL INJURY LIABILITY James C. Kozlowski, J.D., Ph.D. 1988 James C. Kozlowski Driving an automobile is probably the most dangerous activity in our daily lives. Certainly,

More information

THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION. Arthur Mazirow, Esq., CRE

THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION. Arthur Mazirow, Esq., CRE THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION By Arthur Mazirow, Esq., CRE Real Estate Arbitrator, Mediator, Expert Witness and Consultant Los Angeles, California Website: Mazirow.com

More information

Legal Issues in Documentation. 1. From a legal standpoint, failure to document client care means which of the following?

Legal Issues in Documentation. 1. From a legal standpoint, failure to document client care means which of the following? MODULE 4 QUIZ Legal Issues in Documentation 1. From a legal standpoint, failure to document client care means which of the following? a. The care provider made errors b. Care provider forgot to document

More information