a collection of practical how-to articles for those ...a good answer than a simple “yes.” there...

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A collection of practical how-to articles for those working in and around the legal profession.

An informative advertising supplement to The Legal Intelligencer.

2 2010 How-To Guide | The Legal Intelligencer

Specializing in the permanent placement of attorneys for law firms and corporations throughout Pennsylvania, New Jersey, Washington, DC and the Midwest.

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Table of Contents

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4 How to Get People to Use New

Technology Tools (Westlaw)

6 How to: Know if You Need a Recruiter,

Select the Right One; Make the Best

Use of Your Selection (Abelson)

8 How and Why to Use a Nurse Consultant?

(Alliance Medical Legal Consulting)

10 Opening Your Own Practice

(American Executive Centers)

12 How to Ensure Economic Damages

Will be Presented Effectively at Trial

(Tinari Economics Group)

15 Finding the Right Expert Witness (West)

18 Protect Your Client’s Future After

They Leave the Courtroom (UBS)

19 Recommending a Personal Injury

Attorney for Your Injured Client

(Gillman & Levin, P.C.)


Technology is great … if you can get people to use it. And that is a very important “if.”

New technology tools, including applications such as software and online services, can help people do their jobs more efficiently and produce better work product, allowing a firm or organization to handle more cases and deliver greater value to clients. But even the best, most advanced applications will not be of any benefit without a successful rollout to potential users.

Here are a few tips to help ensure adoption of new technology:

Plan, Plan, PlanA firm or office often invests considerable time, money and careful planning in selecting new technologies. A similar commitment needs to be applied to planning the rollout of new applications to ensure it will lead people to use this technology as part of their daily work.

Adopting a new technology involves many different facets: communications, IT assistance, training and support. There also may be several offices and practice groups to coordinate. Taking the time up front to map out a comprehensive rollout plan and accompanying timeline will go a long way toward achieving the goals of delivery and adoption.

Focus on the LaunchA key element to technology adoption, a successful rollout begins with launch communications. This communication establishes awareness that there is support at the highest levels. Some organizations send out staggered communications from key management, practice leaders and IT department heads beginning several weeks ahead of the rollout. Not only do these messages show managerial support, but they also generate anticipation and excitement for the new software product.

Ongoing Training and CommunicationsAdoption is not merely a matter of placing a new application on someone’s desktop and providing a training class. Communications and training must be ongoing through all phases: before, during and after rollout. Have trainers and support personnel available for follow-up questions. As people receive their training, provide them with contact information. Encourage them to reach out to trainers with any questions or problems. This will avoid frustration and abandonment of the new technology.

Best practices suggest conducting follow-ups, either as brief meetings or one-on-ones, a few weeks after the initial training. Users will likely have questions or issues that they need answered or managed. Also, you should gather feedback on which aspects of training

were the most helpful; ask how people are actually using the technology in their work; and solicit comments on how much time or efficiency has been gained by use of the new tool. Distribute and share the positive feedback and comments regarding the use of the technology. This will help to garner more support and adoption.

Use Vendor SupportNo matter how well training goes, some people may have trouble with a particular function or have a question that cannot be readily answered. While your technical teams understand the product or technology, your vendor’s employees have likely gone through whatever temporary difficulty you may be experiencing and can serve as a valuable resource to address it. Some vendors have specialized trainers, support staff and online knowledge banks available that can quickly tackle specific issues. Don’t hesitate to go back to the vendor and leverage its support teams — that’s why they are there.

Enlist Practice Group HeadsPractice leaders have an important stake in making sure their groups are as efficient and productive as possible. In addition, they can lead by example, showing others in the group the benefits of the new tool. Get practice leaders on board as advocates. These individuals can

How to Get People to Use New Technology Tools

See ‘Technology’ on Page 14

SPECIAL ADVERTISING SECTION

Courtesy of Westlaw


How to: Know if You Need a Recruiter, Select the Right One; Make the Best Use of Your Selection

ClientsIt probably seems self-serving for legal recruiters to ask if their services should be used, but actually there is more to a good answer than a simple “yes.” There occasionally are times when firms or corporations may decide they have reasonable alternatives to using skilled recruiters, and many times when their own resources, whatever they may be, are a wiser use of time and money than calling upon less than the best headhunter. But, as a general rule, when you need talent — you need a talented legal recruiter. Can you afford less than the best, particularly in a market when everyone is struggling to do more with less?

Perhaps a little history will help lead the discussion.

It used to be easy to find the right legal recruiter. There were only a handful of recruiters in the Greater Philadelphia area, well known to the legal community, working with every major firm and many of the mid-sized firms in Center City and in the suburbs. They did only permanent (“direct hire”) or only temporary (“contract”) attorney placement. They were the experts in a still emerging field.

Over the years new groups of “headhunters” have emerged. Some are local offices of national companies; many were originally employment agencies. A few work only in a specialized practice area, such as IP law. But, now, almost all recruiters, no matter what their

origins, do permanent and temporary attorney and paralegal placement. Finding the recruiting agency that meets all your needs, with sufficient staff to provide quick and efficient service, knowledgeable of and respected by the legal community, now requires a little work, but that work will prove to be an investment that will pay off time and again.

Legal employers looking for attorneys or other legal staff with specific skills have several hiring options:

using a skilled recruiter; •advertising in print and online; •networking to “spread the word.” •But … advertising is expensive

and often unrewarding, as the best candidates do not respond to “blind box” ads, which provide no guarantee of confidentiality. Employers using their own names will be deluged with dozens, even hundreds of resumes, all of which will be require review, only a few of which might be from qualified candidates. Networking is inefficient, usually relying more upon luck than skill, and lets everyone know you want to hire. Again, you probably will be besieged with unqualified candidates.

The answer then is simple — call upon an experienced recruiter who will provide you only with pre-screened candidates who meet your needs. Your time and energy and that of your staff are too important to squander reviewing candidates who do not have the skill,

experience and personal characteristics you need. So … what makes an ideal recruiter?

The best legal recruiters:take time to get to know you, not just •

the kind(s) of staff you need, but also what makes your office unique. These recruiters will recommend you to their best candidates with conviction because they have a real sense of who you are and what you want;

will be knowledgeable about your •needs and adept at assessing the educational and personal attributes that will mesh well with your office environment. They are not looking to fill a job, they are looking to secure for you the best talent available;

work as a team, so “your” recruiter •probably will be several talented individuals, all working on your behalf;

recognize they are in a service •profession, dedicated to meeting your requirements;

will assure their commitment to you by •always putting in extra effort;

will be available when you need them, •providing mobile telephone numbers, meeting you at your office or theirs, as you prefer, working to meet your schedule;

will have some flexibility as to rates •and payment schedules, recognizing the differing needs of individual clients.

See ‘Recruiter’ on Page 14

Courtesy of Abelson



Q: How and Why to use a nurse consultant?A: Medical records and liability issues are everywhere, plaintiff or defense, personal injury, malpractice, criminal, nursing home, government organizations and private corporations. So exactly how would a nurse consultant benefit you? First, who does not know a nurse? Nurses are an integral and daily part of the healthcare scene. Registered nurses (RNs) are knowledgeable and have expertise on the healthcare system and its inner workings. RNs can be found in hospitals, nursing homes, hospice, homecare, insurance companies, physician practices, schools, government organizations, private companies and case management.

Organizations such as law firm and insurance companies are working at full capacity. When cases involving medical records begin to pile up, hiring a nurse consultant allows in-house nurses and paralegals to focus and complete other important activities. For small- to mid-size firms, keeping a full-time nurse consultant is not cost effective. But having access to a nurse consultant is vital to ensure important details in the medical records are not missed. In addition, if your staff nurse or paralegal has an extended absence, a nurse consultant can assist with handling the review and summary of medical records.

Government organizations and private

corporations utilize nurse consultants for developing corporate strategies for quality assurance, risk identification and management, evaluation and control of loss exposure.

A nurse consultant can add to your efficiency, decrease the workload of your support staff and increase productivity. You are able to keep your overhead costs of recruiting, benefits and other personnel costs down by working with a nurse consultant on an as-needed basis. But who needs an RN on their team. Any attorney, insurance company, government organization/facility or private corporation that has medical records, medical related issues or risk management concerns. Medical records, medical information and risk management are not limited to personal injury or medical malpractice.

A RN can be consulted in medical and nursing malpractice cases involving the professional negligence of a healthcare provider or the negligence of a healthcare facility, such as a hospital, nursing home or homecare agency. The RN consultant can screen cases for merit, research standards of care, research medications and diagnoses and summarize the medical records in a narrative or timeline format.

A RN can be consulted in personal injury cases to review and interpret medical records, develop pain and suffering charts, create demonstrative evidence, explain injuries/treatments

and serve as a fact witness. These cases can include premise liability, auto accident, liquor liability, water and sports injuries.

A RN can be consulted in cases with insurance liability to determine reasonableness of a medical bill or relationship of a medical bill to the alleged damages or injuries.

A RN consultant can review medical records and create narrative summaries for cases involving the liability of manufacturers and sellers of a product to buyers, users and even bystanders who allege damages or injuries as a result of a defective product, including medical device and drug-related cases and non-medical devices.

A RN can review medical records, creative narrative summaries, provide research and find experts for cases involving alleged damages or injuries resulting from the release of toxins into the environment, such as toxins from electromagnetic fields, asbestos, hazardous chemicals, mold and lead.

A RN can review medical records, create narrative summaries, assist with identifying pre-existing conditions, attend independent or defense medical examinations and explain injuries/treatment in cases involving job-related injuries arising out of and in the course of employment, such as equipment- and machinery-related injuries, injuries caused by objects striking workers, back

How and Why to Use a Nurse Consultant?

See ‘Nurse’ on Page 20

Courtesy of Alliance Medical Legal Consulting


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Screen cases for merit•

Review, interpret and •summarize medical records

Develop reports and •chronologies that highlight significant medical events

Locate expert witnesses•

Assist with discovery and •trial preparation

Develop and critique Life •Care Plans

Develop medical cost •projections

Medicare Set-asides•Research•Attend defense medical •exams

Our Company Can: Nursing or Medical Malpractice

Personal Injury

Nursing Home

Auto Accidents

Premise Liability

Worker’s Compensation

Product Liability

Wrongful Death

Elder Law

Criminal

Include us on your Litigation Team: Alliance Medical Legal Consulting

Phone: 267- 446-3997 Fax: 267- 446-1311

[email protected]

www.alliancemedicallegal.com

Alliance Medical Legal ConsultingWorking together for your success.Legal Nurse Consultants | Certified Nurse Life Care Planners | Medicare Set-Aside Consultants | Nurse Care Managers


After a tumultuous couple of years in the legal industry, more and more attorneys are separating from bigger firms and looking to open their own legal practice. One of the first hurdles of starting a new practice is deciding where and how to set up your office. The options available in today’s marketplace vary with the most conventional ranging from opening and staffing an office, to subletting an office from an existing law firm, or opening an office at an executive suite.

While traditional space tends to be the initial direction many attorneys explore, it can be quite daunting once assessing the start-up and ongoing costs involved, including: office furniture, equipment and technology, utilities, and administrative staff. Subletting office space from an existing law firm, where staff and equipment can be shared, will significantly decrease costs. However, keep in mind, there are several pitfalls when subletting, including: 1) the practice’s image is compromised, 2) the support team’s loyalty is to the firm you are subletting from, so support and use of equipment tends to be limited, 3) it is often difficult to gain access to shared facilities, such as deposition and break out rooms.

While traditional or sublet space might make a good fit for some, the executive suite is specially designed to cater to attorneys’ needs. At American Executive Centers, the Delaware Valley’s premier

executive suite, through a bundled package named The Legal Facilities at AEC; attorneys can have their practice up and running within a day, an invaluable savings of time and money. Whether it is a Virtual Office or a furnished, private office, American Executive Centers provides attorneys with all of the necessary tools and support they need to succeed, including: elegant reception areas, fully equipped and professionally appointed deposition and break out rooms, on-site technology management, reception, administrative and paralegal support.

Attorneys enjoy the full service office solutions available at American Executive Centers, making it easier for them to concentrate on booking more billable hours. From business development and marketing assistance, to in-house paralegals; from an on-site notary and bookkeeping, to IT support, attorneys have a wide-range of assistance available to them on an as-needed basis. Additionally, American Executive Centers’ seven convenient locations, including Radnor, Exton, King of Prussia, Plymouth Meeting, Bala Cynwyd, Center City, and Marlton, NJ, offer an added convenience to attorneys and their clients, giving them access to conference and deposition rooms at all seven facilities.

After 20 years building a flourishing litigation practice representing some

of the world’s leading construction equipment manufacturers, Joe Trabucco and Stephen Menard decided they wanted to escape conflicts and adjust their rates to reflect the prevailing market and better serve their clients. Once their business plan was in place, the next step was to find the right office location. They looked into traditional office space, but realized it wasn’t the right fit, as it was not cost-effective and would not help them achieve the goals of their business plan. That’s when they explored the executive suite concept and learned about the associated advantages. “The executive suite is a much more practical and efficient alternative for our firm’s operations,” said Stephen Menard. The support services provided by American Executive Centers got Joe and Stephen’s practice, Trabucco & Menard, up and running in a day! “American Executive Centers’ King of Prussia Center Manager, Gwen Donnon, and staff made the transition for us not only seamless, but exceptionally pleasant. We couldn’t believe that we were able to be productive the first day!”

Matt Wynn and Ray McGarry found American Executive Centers to be the perfect arrangement for launching their new practice, Wynn McGarry LLC. “American Executive Centers made it possible to get our practice off the ground running,” said

Opening Your Own Practice

See ‘Practice’ on Page 20

Courtesy of American Executive Centers



How can the litigator ensure that economic damages will be presented effectively at trial?Your case hasn’t settled — you are going to trial. Your final expert witness is likely to be your economist. How do you prepare yourself and the expert for that moment?

Communication between expert and attorney is critical so that a method for the expert’s oral testimony can be agreed upon, thereby generating a shared sense of comfort and confidence. First, it is appropriate for the expert to discuss his or her potential weaknesses with you. These could include testimony that may have been given in other cases that used different methods, assumptions or data sources, or damaging cross-examination questions posed to the expert in prior case testimony. A discussion of weaknesses in the present case is also needed. Shaky foundation facts and/or assumptions can leave the expert out on a limb during cross-examination. Such potential problems as well as possible effective responses need to be discussed.

By the time the economic expert is called to testify, the jury has already heard quite a bit about the case. Some of these facts may differ from the facts assumed by the expert as the basis for his or her opinion. When that happens, last minute changes may have to be made in the expert’s analysis and conclusions. Since this could be challenging to do on the fly, it is important for you to keep your expert apprised of the twists and turns of the case. Otherwise, the expert’s

opinion could be seriously challenged and could be dismissed by the jury as irrelevant.

It is important to have a pre-trial discussion of the questions that you plan to use to guide the testimony. Experienced experts often provide a short list of suggested topics or questions to assist you. For experts with limited trial experience, a careful question-by-question review by the attorney is recommended. Experienced experts may not need such detailed question-by-question preparation. Rather, you can pose broad questions and let the expert expound. But you still need to listen carefully and ask clarifying questions if you feel that the jury does not understand something.

Expert reports come in all shapes and sizes. Lots of narrative ... little narrative. Several charts ... one or two large spreadsheets. It takes some thought and preparation to go from the expert’s opinion embedded in his or her report to demonstrative evidence that will aid the jury in understanding the expert’s methods, assumptions and calculations. The expert’s oral testimony, not his or her report, becomes the evidence provided to the jury. The task is to have the expert translate complex and busy spreadsheet calculations of lost earnings and services into an understandable story. These calculations are usually divided into past and future losses, and would rest on certain assumptions and background facts. The expert’s task in presenting oral testimony is to convey

clearly and concisely the essence of his or her findings and opinion in a manner that engages the attention of the jury. The expert in the witness box is watched, listened to and sized up by jurors who judge not only the content of what is being said but the expert’s credibility and competence.

Most economic experts have learned that visual aids are needed to communicate lengthy and often complex data. In preparing visual aids, the expert must adopt the perspective of typical jurors. So, inform your expert about the jury — their backgrounds, education, etc. By alerting your expert in this way, you will be helping in the preparation of visuals and the manner of presentation to the jury.

To present visual or demonstrative evidence, one way is to have enlarged charts made up ahead of time. These are typically made by law firms by extracting charts and tables found in the expert’s report and sending them out to be converted to blown-up charts on stiff board. Then, during the economic expert’s testimony, the charts are placed before the jury to illustrate and help them understand what is being said. The expert should guide the attorney in the selection of what is to be presented and give advice on what modifications, if any, should be made for presentation to the jury. It may be necessary to make substantial changes in some respects to the charts, formulas and tables contained in the expert’s report.

How to Ensure Economic Damages Will be Presented Effectively at Trial

See ‘Litigator’ on Page 21

Courtesy of Tinari Economics Group



The same principals apply to finding and utilizing the right recruiter to help with temporary staffing needs. You will get just the person you want, at an agree-upon price for just the time you need. Within a few hours or days, the ideal recruiter will supply everything from document review specialists to experts in almost every practice area.

To make the best use of your recruiters, talk to and listen to them. Let them know everything about your position that is important. Let them know why the position is a good one, using quantifiable measures wherever possible. Do you have a particularly good record of associates making partner? Do you have outstanding benefits? Will you include pro bono work in counting attorneys’ billable hours?

When your recruiters present a candidate you like, or don’t like, let them know why. It will make it easier for them to refine their search. If they have suggestions about how to better fill your opening, (perhaps a more senior candidate will have the exact skill set you want), listen to them, and share your feelings about the suggestions. Open communication is the key to almost every successful relationship, including the one with “your” recruiters.

CandidatesFor candidates, i.e. attorneys or para-legals looking for positions, there is little reason not to use a good recruiter, particularly as there is no fee to candi-dates. Law firms or corporations looking to hire new attorneys or paralegals (less than two years’ experience) probably will do well, without incurring a fee, by going directly to law school placement

and accredited paralegal school offices. Mid-level associates, partners and senior paralegals, however, need to iden-tify a recruiter who will listen to them and who will understand their career objectives, while fully protecting their confidentiality. Remember, good head-hunters also recruit and match attorneys and paralegals not actively looking with exciting career opportunities that meet their specific career goals. Oh, and one caveat: Never bother with recruiters who can’t be bothered with you. There is no excuse in these technologic days not to respond quickly, even if it’s only an email to let you know additional information will be forthcoming.

champion the technology and project effort. Their presence and buy-in can also encourage attendance at key kickoff, training and rollout meetings.

Understand Roles and WorkflowsAttorneys, paralegals and staff all have different responsibilities and ways of managing their workflows. Different practice groups will have different needs. Target each training class to the specific needs and responsibilities of each group. The training will be more meaningful to participants and will better demonstrate the value of adopting the technology.

Keep It SimpleTechnology can be intimidating to many people. Once comfortable with a tool, many people are reluctant to switch and learn how to use a new one. It is therefore very important to keep training, handouts and written materials as concise and simple as possible. Quick-

reference guides, tip sheets and FAQs are more likely to get read than lengthy user guides. Given workloads, it can be difficult for some people to commit to long training sessions. If a person can spare only 15 minutes at a stretch, use that time for brief, yet focused training.

Use IncentivesGiveaways, contests and prizes can encourage people to learn about, train for and use new technology. Scheduling trainings and meetings around lunch will catch people at a time when they want to take a break, and serving food will definitely entice attendance. Don’t underestimate the power of a prize to get people to try something new.

Look for Opportunities to Softly SellIn addition to a well-orchestrated campaign to bring users on board, look for spontaneous opportunities to demonstrate new technologies. How many times has there been a meeting where an attorney says, “I wish I could do this” or “I’m really having a problem with that.” Show users how the new

application can tackle a specific issue that they are facing.

It’s easy to get excited about a new piece of equipment or application. After all, the organization made a commitment to purchase the technology to help people do their jobs better. While enthusiasm is great and can help convey a sense of excitement to people, it’s important that users understand what the application can and — just as importantly — cannot do. Users often want a new technology to magically erase all of their pain points. Be specific on what problems the application addresses.

In the end, new technologies are tools that can help improve efficiency. And how much benefit an organization derives largely depends on how successfully a new technology is deployed to its users. That takes time, effort and patience. But the payoff is more-productive attorneys and staff who can deliver better value to their clients.

TechnologyContinued from Page 4

RecruiterContinued from Page 6

By Cindy Bowmaster, Senior Project Manager, Client Services, Thomson Reuters, Legal

Sandra G Mannix, Senior Attorney Consultant, Abelson Legal Search


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What is an Expert Witness?Expert witnesses are persons with proven specialized knowledge of a specific area, permitted to testify in court about an event or events at which they were not present.

In 1993, the United States Supreme court ruled, in Daubert vs. Merrill Dow Pharmaceuticals, that federal trial judges must be “gatekeepers” of scientific evidence, determining whether an expert’s testimony is both relevant (i.e., pertinent to the case) and reliable (i.e., derived from the scientific method.)

When do you need an expert? Generally, you need an expert when a critical argument of your case relies on a specific point of knowledge that laymen don’t have. Thus, laymen would know the general fact that boiling water can scald a hand. However, you would need an expert to testify to the specific fact that exposure to boiling water over a 3 second duration can cause third degree burns.

What sort of questions should you consider when evaluating experts?

What do I want the expert to be able to state authoritatively in a report or on the stand? Once you’ve determined what you want an expert to state, your next task is to find someone with the communication skills and reputation to state it eloquently and credibly.

How good are the expert’s communication skills? Make certain that the expert can communicate clearly in multiple settings and formats. For example, a well-published academic, might be unable to string two sentences together verbally when testifying. Or a verbally glib and accomplished electrical engineer, with multiple patents, may not be able to write a grammatically correct paragraph for a report.

How long will you need the expert?One common problem in working with experts is that of scheduling — particularly when you’re trying to juggle the schedules of the court, the lawyer, and the expert.

Typically, clients need experts for a few hours fairly early in the legal process, to discuss strategy, confirm assumptions, and generally consult. This can be a very critical period.

There usually follows a period of intense work for the expert, formally preparing for the case by writing a report and/or being prepared for testimony.

Some cases go promptly to trial; others may be scheduled far down the line.

Knowing the above can help you find an expert who can work within your parameters.

What is the expert’s geographic location? An expert’s location can be important for three reasons.

Cost:• It’s cheaper to have an expert take a 30 minute taxi ride than a 6 hour plane ride.

Efficiency:• While some telephone or Internet client/expert relationships are fine, many clients prefer face-to-face interaction to get a better sense of the expert and the case.

Jury relationships:• Frankly, some juries may want someone that they can relate to in some way. It is not at all uncommon to get a client who wants, for example, someone who speaks in a regional accent similar to that of the jury pool. This can go both ways, however: sometimes an out-of-towner can be a better strategic choice.

What is the expert’s reputation?What kind of reputation do you need your expert to have? Impressive titles do not always equate with impressive expertise. Do you want an expert with a reputation within the legal community as a Hired Gun? Pit Bull? Newbie? There are advantages and disadvantages to each, which you should consider.

What do you want the expert to do? Different tasks — such as report writing, testimony, consulting, working with your clients, pre-case consulting, depositions/testimony, and post-case closure — require different skills.

Be clear about what skills will be most important for the expert you retain.

Finding the Right Expert Witness

See ‘Witness’ on Page 16

Courtesy of West



Finding the right expert. Now that you know what you want, how do you go find it?

Basically, there are two approaches. Let’s look at the advantages and disadvantages of each:

1. Do it yourself This is the traditional way. Most

attorneys look to in-house referrals, ask colleagues, or consult the firm’s files, and/or run a Google search.

The advantage of doing it yourself is that the whole process is in your hands. You know the case, the clients, and what you need.

The downside of doing it yourself is time/cost, and skill.

Your time is expensive, and you probably have a very limited number of hours to spend each day on an expert search. Also, you may not have much experience or skill in specializing in expert searches.

If you do decide to do it yourself, or have an assistant in-house do it, there are some resources that can assist you.

Subscribe to resources such as •Westlaw® Expert Center. These can be excellent resources for reviewing literature on a particular topic, to identify and evaluate experts in a field.

Search university web pages for •departments that focus on the needed area of expertise, and look at the faculty bio pages, which will include links to their class lists and their publications. Once you’ve identified likely candidates, call them, discuss what you need, and see if they have referrals.

Look for websites for conferences •that seem relevant to your topic. Many such websites will post the names and information presenters and panel members, who may be excellent expert candidates.

Identify relevant professional •associations. While membership lists are usually not publicly accessible, you can usually contact the leadership, explain what you need, and get a referral. Alternatively, you can have someone else do the search for you.

You are hiring an expert for your case; why not hire one for your search?

2. Use a search firm There are four main advantages to hiring an expert-search firm:

Skill: • Most are good at it; it’s all they do, and they assign skilled and experienced professional searchers to look on your behalf.

Resources: • These firms maintain extensive live networks of experts, as well as rich databases of information about experts

Time:• Significantly less of your time is spent searching for an expert.

Less Up-front Cost:• Many expert service firms will discuss your case, ascertain your expert needs, perform an extensive and rigorous search, present resumes of experts, and arrange interviews at no charge.

The disadvantages of hiring an expert search-firm include:

Such firms cost money, usually set as •a flat ‘finder’s fee’ or an add-on to the expert’s hourly rate.

If the firm doesn’t clearly understand •your needs, you may not get exactly the right expert.

When using a search firm, taking some •extra time in the beginning can really pay off down the line.

Be certain an expert witness firm •clearly understands what kind of expert you need, when you need the expert, and what you want that expert to do.

Help avoid potential conflicts by •disclosing party names to the search firm and to experts

Establish communication check points, •so that you receive progress updates regularly.

Be certain that all cost issues are clearly •established.

Discuss all special requests such •as literature reviews, sanitized case descriptions, daily check ins, budget limits on experts, etc. How do you know you’ve found the right expert?

A resume is just a piece of paper with words that can as easily be fiction as reality. When evaluating an expert, be sure to:

Check the expert’s track record.• Use Westlaw Expert Center to assess an expert’s courtroom experience. Has the expert represented primarily plaintiffs or defendants? What have been the outcomes of cases in which the expert testified? With which attorneys or parties has the expert been associated? Before which judges has the expert appeared? How often has the expert’s credentials or testimony been challenged — and with what rate of success?

Check references.• Every good expert can provide you with references. The best of these are previous clients.

Verify the resume.• If an expert claims to have been on a presidential advisory panel, there will be evidence of that. Spot-check articles they have written, or identify the most relevant articles and ask for copies. This is especially critical if you’re worried about a Daubert check.

Talk to the expert’s colleagues.• Have they ever heard of him/her? What the expert’s professional reputation?

Check for Conflicting statements.• Always ask experts if they have ever made contradictory statements on this topic in their career. Then, review their work (publications, testimony, conferences etc) to ensure continuity of opinion.

All this checking and verifying may be a bit time-consuming and tedious. But the payoff will be a qualified and credible expert who can make a major contribution to your success in a case.

WitnessContinued from Page 15



Protect Your Client’s Future After They Leave the Courtroom:Critical Investment Considerations for a Plaintiff’s Attorney

Court cases these days are often extremely complex and have many moving parts. As a plaintiff’s attorney, once a verdict is reached or a settlement is agreed upon there are things that need to be done. An additional layer of complexity may be involved if you are faced with one of the following situations:

Children• When a child is involved, a guardianship or trust might be necessary. Approval will be needed by the Orphan’s Court.

Special Needs Trusts• If your client is receiving aid from the state for medical reasons it might be in your client’s best interest to establish a Special Needs Trust (SNT) so as not to disqualify that aid.

Structured Settlements• If your client has little experience or knowledge with financial planning or will not be disciplined with a large sum of money, it may make sense to structure a portion of the funds.

These are difficult situations that require guidance from experts. At this point it makes sense to engage an experienced wealth management team that can help your client begin the next phase of his or her life. The right team will make your life easier as you do the right thing for your client. This group should have experience and expertise in

the following areas:Trusts•

This team should have access to a world class trust company

Court Approval• This team should have a working knowledge of the logistics involved with helping you get court approval for your petition

Wealth Management •This team should have flexibility to create personalized investment plans, so your client is not put into a model that might not address all of his or her needs

Trust Documents• This team needs to have relationships with estate and trust attorneys who will put the proper documents in place

Global Strength• This team should have the backing, resources, and stability of a large global wealth management firm

I have built a wealth management team at UBS that will sit down with an attorney and client after a case is resolved and help the client begin the next phase of his or her life. Money management can be a huge and overwhelming responsibility. I have seen too many individuals with no experience in financial matters make all the wrong decisions. Ultimately your clients who are adults will make their own decisions and live with those consequences, but I feel that in many instances some direction and guidance goes a long way.

As a certified wealth adviser at UBS,

my team and I become the point people in your client’s financial life. We understand the logistics that you need to go through with the court and can make your life easier as you are doing the right thing for your client. We have access to two trust companies, create personalized wealth management solutions, and work closely with estate and trust attorneys to put the proper documents in place for you. Drawing upon the extensive global resources and capabilities of one of the world’s largest wealth management firms our team specializes in taking care of attorneys and their clients with professionalism and expediency. You have spent enormous time and resources to create a fund to sustain a family’s well being. It is at this time that we, as financial professionals, will solidify these assets.

Putting a plan in place is only the first step. Once things are in motion our team will be the first phone call that your client makes whenever they have a question or concern about anything having to do with finances. Those calls are answered by a live person (one of our 5 member team) that will know their situation intimately. Regular reviews and client meetings are strongly encouraged. In a constantly changing world our commitment is to evaluate our clients’ progress and keep them on track to achieving their goals. Our scope ranges from very simple FDIC insured CDs

Protect Your Client’s Future After They Leave the Courtroom

See ‘Courtroom’ on Page 21

Courtesy of UBS


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Many attorneys who do not handle personal injury cases are eventually faced with the situation where they have a client, a friend or even a family member who suffers an injury in an accident and seeks a recommendation from you for a lawyer who can handle their case. How you handle this situation is every bit as important as how you handle your own cases, since the quality of the representation your client receives reflects directly on you — after all, you are the referral source.

When recommending an attorney, you should be certain that the attorney you recommend is proficient in his or her practice area. Arguably, this is a matter of professional responsibility, although it’s undoubtedly also a simple matter of good client relations to look out for your injured client’s interests.

When recommending a personal injury attorney, there are some important things to bear in mind. First and foremost, recommend an attorney who limits their practice to personal injury matters. As in any field of law, specialization matters. Tort law and the related areas of law which impact on it have grown increasingly complex. For example, in motor vehicle accidents in Pennsylvania and New Jersey, differing “tort thresholds” can frustrate or even prevent recovery of damages unless injuries are

properly evaluated and documented. Many other difficult problems abound in modern tort litigation as well. Issues such as ERISA subrogation, special needs trusts and Medicare set-asides demand knowledgeable counsel even after a case is resolved. There are many minefields which await the practitioner who does not stay abreast of current developments in the law. At Gillman & Levin, we’ve developed a specialized emphasis on motor vehicle accident litigation, including motorcycle and truck accidents, which demand special attention, and constantly monitor the developing areas of the law which affect our clients’ rights.

It is also important to recommend only attorneys who provide smart representation. In many cases, and especially the most serious injury cases, getting a client adequately compensated can require thinking outside the box. State mandated minimal liability insurance requirements for motor vehicles, for instance, have resulted in countless “coverage tragedies” in which the limited available insurance coverage doesn’t come close to getting a client fairly compensated. What do you tell the client facing hundreds of thousands of dollars in medical bills after an accident where the defendant only has $15,000 in liability insurance coverage? It takes careful consideration of all the possibilities in order to obtain the maximum recovery, especially when dealing with serious injuries and the financial catastrophes they can cause.

At Gillman & Levin, we’ve encountered these unfortunate situations many times, and always strive to look for innovative solutions to maximize a client’s recovery. In some cases, we have been able to identify product or roadway defects which contributed to an accident, opening the door to additional avenues of recovery. When alcohol may be involved, we carefully consider potential dram shop liability. Likewise, through diligent investigation, we have been able to reach additional layers of insurance coverage, and even obtain excess verdicts and settlements over and above stated policy limits through aggressive representation of our client’s interests.

Simply stated, it isn’t possible to properly handle a personal injury case by checklist. Every case needs to be carefully examined and an appropriate strategy determined. When you recommend an attorney for your injured client, you should feel confident that your client is going to be represented by someone who will thoroughly think the case through to maximize the available recovery.

To do this, you should always speak to the attorney yourself. Talk about the case and discuss the facts. Get their feedback, and satisfy yourself as to their abilities. Let them know about any special considerations that may exist, such as the client who was already disabled before her accident. Special considerations can apply to such plaintiffs, and ensuring your client is adequately represented means having a thorough discussion

Recommending a Personal Injury Attorney for Your Injured Client

See ‘Attorney’ on Page 21

Courtesy of Gillman & Levin, P.C.



injuries and auto accidents. A RN can review medical records,

create timelines, narrative summaries, explain injuries/treatment, identify contributing factors and serve as a fact witness in criminal cases involving any act that society has deemed contrary to the public good because the act is injurious to all of society and violates the peace and tranquility of the community, such as: driving while intoxicated (DWI) or driving under the Influence (DUI), sexual and physical assault cases, child,

spouse or elder abuse cases, a victim of a violent crime, Psychiatric defenses and psychiatric issues, Medicare fraud and abuse cases and excessive use of force by law enforcement.

If you thought you could not use a RN with your medical records in your practice setting, here are some ideas to consider. A RN can review and interpret medical records, explain diagnosis/treatment, explain injuries/treatment, create narrative summaries, attend independent or defense medical examinations, explain contributing factors and assist with researching and explaining government regulations in

cases such as family law (e.g., custody battle), probate (e.g., competency issues), Right to die, Social Security benefit issues, Medicare benefit issues, bad faith litigation against insurance company for failure to pay a claim or for denial of access to specific care or treatment, elder issues (e.g., abuse, conservatorship) and healthcare professional board disciplinary actionsAlliance Medical Legal Consulting has nurses available in various specialties and experience to work with you for your success.

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Matt Wynn. “From the experienced, friendly professionals handling our calls to the on-site paralegals who were ready to assist, the process exceeded our expectations. The support and professional image also created instant credibility for our firm, which ultimately made a difference in helping us to grow quickly.”

For Scott Reidenbach of Reidenback and Associates, LLC, starting his own law practice was a big step for him three years ago, as he was understandably wary of the anticipated overhead, expenses and staffing needs. Through American Executive Centers’ Virtual Office program, Scott was able to branch out on his own without his initial worries of locking into a long-term lease, which at the time he thought might prevent him from moving or growing as his practice expanded. Within a few months as a virtual office client, Scott Reidenbach quickly moved into one, and eventually four, private offices at American Executive Centers. “It was the professional and friendly staff, modern accommodations, and state-of-the-art

technologies that enabled me to rapidly expand my practice,” said Reidenbach. “American Executive Centers provides my clients with a superior level of service, value and support comparable to most large law firms. I can’t foresee starting a new practice any better way!”

While many American Executive Centers’ clients choose a private office, the Virtual Office program is a great fit for those attorneys, like Scott Reidenbach, who prefer to start their practice with complete flexibility, minimal overhead and commitment. It’s also a great arrangement for attorneys who have a multi-county practice, allowing them to use multiple executive suite locations to better serve their clients. Virtual Office clients have access to all the advantages of a private office lease, including a prestigious business address, business phone number handled by a team of professional receptionists, conference rooms, and inclusion in the office building directory. The Virtual Office programs offer complete flexibility and are very cost-effective, allowing you to pass the savings on to your clients.

“We’ve been successfully helping both attorneys launch and grow their

own practices, and law firms ‘right size’ their business to reduce costs and increase revenue, for the past twenty-seven years,” said G. Michael Howard, President, American Executive Centers. “With the extreme challenges the legal industry has recently faced, we made it a priority to expand our efforts to maximize support for lawyers through our Legal Facilities at AEC office solutions. At American Executive Centers, we are committed to our clients’ success. From the most strategic business locations and our impressive office environments, to our professional support service teams who are carefully chosen to support your business needs and are thoroughly trained in all aspects of office technology, our goal is to help our clients succeed — at a price that’s affordable.”

Call us TODAY at 800.736.6034 to learn more about American Executive Centers and how we can HELP YOU successfully start your own practice and have an Instant Prestigious Office with a complete team of business support professionals, including paralegal support. Or, visit our website at www.americanexecutivecenters.com for more information.

PracticeContinued from Page 10


about the case, including any potential problems it may have.

Ask the lawyer the questions your client will want to know. Ask about the contingent fee the lawyer charges. When referring an important client of your own, ask the lawyer about his or her policy on referral fees or fee sharing, where appropriate. It is surprising and disappointing how often disputes arise as to referral fees. Certainly, you will want to satisfy yourself that your thoughtful referral will not result in such a dispute.

At Gillman & Levin, referrals from other professionals are the heart of our

practice, and we have a strict policy of always protecting our referral sources. In the case of attorney referrals, we never forget that it is your client. We have decades of experience serving the needs of accident victims in Pennsylvania and New Jersey. Although we are a small firm, we are fully committed to each and every case that we take on and never hesitate to commit the resources it takes to properly present a case.

If you have a client who has been injured in an accident, call us to find out how we can help. We are glad to offer our thoughts on any prospective case and are always grateful for the opportunity to help when called upon by our colleagues. Our firm has successfully

obtained numerous substantial verdicts and settlements for our valued clients, and it is always our goal to provide full service legal representation from the initial consultation to the final resolution of the case.

to complex institutional investments depending on the situation.

Growing up with a trial attorney for a Father I have had a front row seat and have developed a strong appreciation for what it takes to do your job. I have sat in

the court room during emotional trials and have seen the hundreds of hours it takes to prepare for a trial. Celebrated victories and mourned defeats. I know that clients form a bond with their attorney and more often than not, this is a relationship that is cultivated over many years. For the exceptional attorney, their clients are not forgotten when the

case is over. For these reasons and many others, I have found that a practical and ethical attorney wants to see their clients taken care of for the rest of their lives once their case is over. When your client is with a team of caring, trustworthy, and experienced wealth management professionals they will have the guidance they need for the rest of their life.

Attorneys like blow ups because they can be referred to in closing arguments to drive home the value of losses in the case. But it may take several days to have them made up. So if any foundational testimony differs from what the expert assumed, or if a ruling by the judge limits what the expert may testify to, then there may very well occur a scramble to substitute other charts or to use another method to present the expert’s testimony.

Some economic experts use a laptop and projector. But that could get complicated due to technology glitches. Further, opposing counsel could ask the expert to make new calculations based on hypothetical assumptions. This puts the expert in an unplanned and often uncomfortable position. In effect, the other attorney is using the expert to achieve his or her own goals without the necessity of bringing in an opposing

economic expert.Testifying experts at our firm use a

projector that accepts flash drives. Charts and figures are put on a flash drive, and the stand-alone projector is used to present them at trial. Only one piece of equipment is brought to the courtroom. Exact hard copies of the slides to be projected are provided to the retaining attorney who, in turn, may choose to share copies with opposing attorneys and the judge. The hard copy can also be marked as an exhibit for subsequent reference in the case.

It is very important to review the expert’s demonstrative charts ahead of time. Make sure all charts and tables are absolutely clear to the lay reader. Terminology should be simplified. For example, instead of using >dob= or >date of birth=, it is better to use >born=. Change technical jargon to everyday language. Instead of Aannual growth rate@ it is better to use >yearly increase=. The same applies to mathematical formulae or expressions. For example,

wherever possible, it is better to use percentages instead of decimals.

The amount of information presented in any given slide or chart should be relatively modest. A busy or crowded chart would make the jury’s eyes glaze over. Small font size could be a killer if the jury cannot see clearly what is being presented. Clear and bold headers are also important in delivering targeted information to the jury.

Coordination between attorney and the expert is essential for effective presentation of trial testimony. As part of this planning, the expert needs to place himself or herself in the shoes of the jury. Alternative methods are available to economic experts by which their calculations and conclusions can be shown to the jury. Regardless of the method of delivery, the keys to effective testimony are simplicity and clarity.

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LitigatorContinued from Page 12

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AttorneyContinued from Page 19

Frank D Tinari, Ph.D. / 973-992-1800

Michael S. Levin is a partner in the firm of Gillman & Levin, P.C., a firm serving the needs of injured individuals in Pennsylvania and New Jersey.

Pennsylvania Office940 Public Ledger Building620 Chestnut St., Philadelphia, PA 19106(215-925-9900)

New Jersey Office10 Lake Center Executive Park401 Rte. 73 North, Suite 204, Marlton, NJ 08053(856.939.6600)

www.gillmanlevin.com


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