(c) Teddy Snyder SnyderMediations.com ‘Twas the night before mediation And all through the firm Not a creature was stirring, Not even a worm But then one lawyer Asleep on a couch Shot up, hit his head And said with an “Ouch” Oh my, I’ve got That mediation tomorrow I didn’t do a brief Much, much […]
How do you react when your negotiating opponent says something completely outlandish? Some negotiators walk out. Some blow up, screaming invective. Some stoop to insult. In short, they do everything but negotiate. Keep negotiating You can’t reach a negotiated settlement if you’re not negotiating. Sometimes you must react to the nonsense you have just been […]
In January, 2022, CMS created an uproar when it published Version 3.5 of its Workers Compensation Medicare Set-Aside Reference Guide stating that it would essentially ignore “non-submit” or “evidence-based” Medicare Set-Aside allocations: Unless an MSA is submitted and approved, CMS cannot be certain that Medicare’s interests are adequately protected. Therefore, CMS will treat any non-CMS-approved […]
The litigation section of the California Lawyers Association recently published this bon mot: “Mediators are expected to play the role of ‘Devil’s advocate,’ questioning the strength or viability of the various legal arguments being asserted by parties and/or their counsel. In this context, mediators may dive deeply into the law applicable to the underlying dispute […]
COVID-19 changed our lives in oh-so-many ways. Courthouses and government buildings shut, and we were forced to suddenly embrace virtual platforms like Zoom, GoToMeeting, WebEx and Microsoft Teams. Now that restrictions are lifting, many of us don’t want to go back to our pre-pandemic business model. We want to keep working from home, at least […]
Know anyone who would benefit from better legal marketing with less stress? A lot of lawyers have great ideas about how to market their practice, but then they get busy and never follow through. The Lawyers Marketing Journal is a guided journal published by AttorneyAtWork.com that helps the user organize and actualize ideas while staying centered in both the personal […]
We are all aware that COVID restrictions disrupted the ability of civil litigants to get a speedy trial. In some cases, the plaintiff died waiting for trial. Though the action survived, upon the death of the plaintiff, non-economic damages were no longer recoverable. The California legislature addressed this issue by amending California Code of Civil […]
Many lawyers and claims professionals say that the litigation process is a search for truth. They will swear allegiance to a jury’s ability to ferret out the truth from conflicting evidence. And yet, more than 90% of all cases settle. The truth can be more slippery than you think. Individual Lens Each of us receives […]
Effective January 1, 2022, amended California Code of Civil Procedure §1001 expands restrictions on confidentiality clauses in settlement agreements. Previous law barred such clauses in agreements settling filed civil or administrative actions alleging sexual assault or sexual harassment. Only the identity of the claimant and the amount of the settlement could be protected. The new […]
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