Articles
June 21, 2007
Ethical Issues for the Legal Assistant
By Richard A. Cohn Partner, Aitken * Aitken * Cohn Attorney – Client Privilege Initial Contact with clients commences the attorney-client relationship Communication with clients – the essentials Prohibition against the “practice of law” by non-attorneys Fee splitting with non-attorneys – prohibited. Client Privacy Issues Private Health Information of Clients Conflicts of Interest Among Clients… read more
June 21, 2007
Do You Have Enough Insurance?
In our practice, we often find that clients do not fully understand the limits of their automobile insurance policy limits and the different types of coverages available until after an accident has occurred. Unfortunately, by then it is too late! Here are the three most important elements of automobile insurance coverage, and our recommendations. Liability… read more
June 21, 2007
Discovery in Products Liability Cases – Back to Basics
By: Wylie Aitken & Richard Cohn Introduction It is often useful, if not essential, to employ unique and creative discovery and investigation tactics in Products Liability cases. Equally important, however, (but frequently overlooked even by experienced attorneys), is the need to perform simple, common-sense and basic discovery in order to prove up one’s case at… read more
June 21, 2007
Construction Site Injury Liability for Hirers of Independent Contractors: Many Roads Still Lead to Liability
By Richard A. Cohn Although Liability for Hirers of negligent independent contractors in construction site injury cases has been limited in dramatic ways in the last decade, the road to liability is not nearly so limited as the defense lawyers who handle these cases try to argue. On the contrary, there are still numerous ways… read more
June 21, 2007
Consumer Alert
Each year almost 2,000 gas grills erupt into flames, injuring about 300 people, according to the National Fire Protection Association. Some accidents happen when consumers store spare propane tanks – often dangerously overfilled – under their grills. The problem – gas from the extra tanks can leak out, ignite and create a fireball. The scenario… read more
June 21, 2007
Excess Judgement
BAD FAITH CASES CAN PUNISH STONEWALLING INSURERS Insurance companies are businesses, and like all businesses they seek to maximize their profit. For this reason, insurance companies are much more enthusiastic about accepting premiums (income) than paying legitimate claims (expenses). This is the dynamic which leads insurers to drag matters out, and to stonewall settlement demands… read more
June 21, 2007
The Deposition of the Adverse Expert Witness
By Darren O. Aitken 1. INTRODUCTION A party has the right to depose any expert designated by the opposing party. [CCP § 2034(i)]. In fact, any expert retained by the opposing side must be produced for deposition upon the service of proper notice. [CCP § 2034(h)]. The right to depose does not equate, however, with… read more
June 21, 2007
Hitting the High Points – The ‘Philosophy’ of Voir Dire
By Darren O’Leary Aitken, Esq. Noted trial lawyer, Tom Girardi, opines that in the modern era cases are not tried due to conflicting facts, but due to conflicting philosophies. In other words, most cases go to trial because the opposing lawyers and their clients see the same set of facts differently. Some of these conflicts… read more
June 21, 2007
“Is the Policy Open”
A. Define “Open Policy” When has an insurer, by virtue of its failure to meet its duties to its insured, exposed itself to paying the full value of a third party’s claim — including amounts in excess of policy limits? Typical Examples (black & white): Failure to pay settlement demand that is within the policy… read more
June 20, 2007
Setting the Record Straight: Debunking the Myths of Tort Reform
As plaintiffs’ attorneys, we are constantly placed in the position of having to defend not only our profession, but also our clients, who are generally looked upon with disbelief throughout the litigation process. Claims adjusters, defense counsel, and juries have been inundated with over 30 years of misinformation and propaganda from big business – misconceptions… read more