June 21, 2007
John Chavez
OVERCOMING ADVERSITY: FORMER CLIENTS LIKE JOHN CHAVEZ CONSTANTLY REMIND US WHY WE REMAIN DEDICATED TO PERSEVERING ON THEIR BEHALF Our former client, John Chavez, was recently honored by the Golden West College Foundation at the school’s “Courtyard of Honor” ceremony. At the ceremony, a bronzed plaque with John’s picture was unveiled and pridefully displayed on… 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
June 20, 2007
President’s Message
By: Richard Cohn Ten years ago, a young medical malpractice defense lawyer, who had been practicing law for just two months, was asked by the supervising partner of his fifty lawyer firm to write a Motion for Summary Judgment. The motion was to focus on the failure of the plaintiff to file her complaint within one year… read more
June 20, 2007
Winning Mediations: Successful Preparation for Successful Presentation
By: Darren Aitken Introduction For the litigator, mediation skills are vital. It is no overstatement to proclaim that Alternative Dispute Resolution (“ADR”) in general, and extra-judicial mediation in particular, are now a way of life. It is almost inevitable that at some point during litigation one side or the other will request that the matter… read more
June 20, 2007
Jury Voir Dire Topics (Checklist)
Where they live/who they live with/family make-up Occupation (and relevant occupations of spouse, children, parents, close friends and relatives) Familiarity with litigants, lawyers, the case, etc. . . . Prior experience as jurors Prior experience with lawyers (as clients, as witnesses, etc. . . . ) Prior litigation experience (and satisfaction with the exposure) If… read more
June 20, 2007
The Use of Evidence in Opening Statement and Closing Argument
Presented by: The Honorable C. Robert Jameson, Orange County Superior Court Richard A. Cohn, Aitken Aitken & Cohn I. Fundamentals/Legal Principles A. Opening Statement C.C.P. §607(1) — When the jury has been sworn unless the court, for special reasons, otherwise directs: (1) The plaintiff may state the issue and his case; (2) The defendant may then state… read more
June 20, 2007
Public Parks and the Natural Immunity: Duty to Warn (About Mountain Lions and Other Assorted Things)
By Wylie Aitken & Richard Cohn 1. LIABILITY OF GOVERNMENTAL ENTITIES AND PUBLIC EMPLOYEES IS THE RULE, WHILE IMMUNITY IS THE EXCEPTION. Interpretation of the Ducey v. Argo Sales Co., (1979) 25 Cal. 3d 707. “. . . The language of the applicable statutes refutes the State’s argument that it is under no duty to… read more
June 20, 2007
Using Voir Dire to Secure a Winning Verdict
By: Wylie Aitken I. Introduction The modern day trial lawyer finds he or herself in a very interesting, difficult and serious dilemma. More and more inroads are being made to substantively and procedurally limit a trial lawyer’s role in voir dire, while at the same time more and more resources are devoted to manipulating the public… read more