Crazy Busy, but Don't Forget to Preserve the Evidence!

I wish I had the time to blog  a more informative post this week, but since last week, the following  have inundated me:

• problems with my father
• problems with the server in the cloud
• stepfather diagnosed with Lou Gehrig's disease
• medical issues with my father-in-law
• clerical person with back injury
• attorney recovering from surgery from appendicitis
• fatality accident to investigate in Northeast Louisiana
• five new assignments in other cases
• remote attorney unable to connect to server to do work

This is not an exclusive list, just the things I could think of in the moment,

 

So, right now, I am overworked, understaffed and overwhelmed; however, I am so thankful to the many clients who trust us to handle their legal concerns and issues. We get the job done, even if do have obstacles.

 

So even though things are crazy busy right now, I want to take the time to remind  you of some basic information to request in a preservation letter if your client is involved in an accident with a personal vehicle. We have another form with more detailed information we request if our clients are involved in an accident with another tractor/trailer, but for personal vehicle, be sure you immediately demand preservation of the following:

1.                   The actual vehicle driven by the adverse party

2.                  The  Event Data Recorder in  the vehicle be preserved for examination and    

inspection by an expert.

3.                  Photographs of vehicle/accident scene

4.                  Accident reconstruction measurements/notes/photographs/ECM download

5.                  Autopsy report/toxicology analysis

6.                  Social Media of the decedent for a period of six months before the accident date

7.                  Registration records of the adverse vehicle

8.                  Preservation of the actual cell phone/cell phone records of adverse driver

9.                  Personal items/prescriptions on her person or in the car at the time of the accident

 

10.         Weather information

Epidemic of Depressed Lawyers!

This is no joke!

I am not posting about trucking specific topics today because I am out of the office on an "ancestry search" with my seventy-nine year old father, who recently suffered the passing of his girlfriend of over 30 years.

Yes, "girlfriend." He never married her, but he was with her longer than he was married to my mother. As you can imagine, he suffered with extreme depression, but eventually, he went to his "go to" medication: alcohol.

I am fifty one. My entire memory of my father is associated with alcohol. I have never seen him go a day without a drink. He often drinks a "Bloody Mary" or "Screwdriver" in the morning. He drinks beer, wine and, of course, "hard liquor." He drinks in the afternoon and evening, but he is a "functional alcoholic" in the sense that he was always able to work.

No matter, every night before coming home, my father would stop off at the "Rusty Nail", "The Pirogue Lounge" or  "The Hob Nob". Now, he haunts "Shenannigans." These are places where he has friends. Where "everyone knows your name."

I don't know why my father has always drunk alcohol. Perhaps, he has dealt with depression or anxiety or some other uncomfortable emotion. Who would know?

I have never been a heavy drinker, but I could see how I could. I have learned that I have a condition called "dysthymia." I thought I was just a moody-blues kid because I have always been a bit melancholy, but now I know it's more than that. The number one cause of depression is genetics, but as I said, who would know that my father was depressed since he drank all the time? When he drinks, he is a "happy drunk." He is not mean, rude or belligerent. He IS the life of the party: telling jokes, dancing, laughing.

His life partner died of alcohol neuropathy. He would never admit that during her final days. Even now, unless he is in a particularly emotional mood, he will not admit that she struggled with alcohol. He will certainly never admit that he struggles with alcohol. How can it be a struggle if he functions well? How would anyone know if he functions well without a substance if he has never been without a substance?

Because of a multitude of more recent  life stressors, my "general melancholy" mood morphed into full blown a chronic  major depression disorder. For me, it was never to the point of incapacity; however, it was very real. I thought it was all situational. I thought, "When the cash flow improves, my mood will improve." When things are better with staff, attorneys, work, family, etc, then my mood would improve.

Perhaps another time, I will talk about the struggles that I had with "getting help" for this mood disorder because of the stigma. Because I am a Christian, I am SUPPOSED to have the "joy of the Lord." Because I am an attorney, I am SUPPOSED to handle this. Others do!

 

 

Do they?

Superior or Sub-par Service? You decide!

No matter how you slice it, lawyers are in the service industry. We are judged not only on our knowledge, expertise and results, but also on how well we PERFORM those services. How do we get along with our clients, adversaries, staff and vendors? I suppose some lawyers have such a grandiose view of themselves that they don't care what others think, but I am not one of those people.

 

I genuinely care about what my clients think. Of course, I cannot please all of my clients all of the time. It seems there are times when I am golden and other times when I feel like a cow manure. No matter how I feel, I have a duty to give my best to my client...every day.

 

How do we rank in service? How do YOU rank? I welcome your responses about us or even your thoughts on how well you're doing in serving your clients. Consider the following questions and rate us or yourself on a scale from 1-5 (1 meaning "not at all" and 5 meaning "regularly").

 

As you can see, I  am asking about both the GOOD and the BAD, so on the "bad" scale your numbers should be low and on  the "good" scale your numbers should be high. Rate yourself and rate us.  How will you do?

 

Bad:

1.            I don’t trust him.

               (1....2....3....4....5)

2.            He is not responsive and very difficult to track down.

               (1....2....3....4....5)

3.            He doesn’t listen to me.

                (1....2....3....4....5)

 

4.            He always talks about himself.

                (1....2....3....4....5)

5.            He doesn’t understand our business or me.

                (1....2....3....4....5)

6.            He is always trying to get new business from us rather than just focusing on the current project.

                (1....2....3....4....5)

7.            He is arrogant and talks down to me.

                (1....2....3....4....5)

8.            He talks about his other clients behind their back.

                (1....2....3....4....5)

9.            He is not an innovator.

                (1....2....3....4....5)

10.          He only tells me we can’t do something rather than searching for another way to accomplish the     same goal.

                (1....2....3....4....5)

 

11.          He overcharges us.

                (1....2....3....4....5)

12.          He is sloppy and does not proofread his work.

                (1....2....3....4....5)

 

 

Uh oh, how did you do? If your self-score was over 30, then you have some work to do. Obviously, we hope your score about us is 12-20. If WE scored over 30, then WE have a  lot of improvements to make.

 

 

Now, consider the GOOD things. Score yourself and us. In THIS case, you want your scores to be high. Low scores would indicate and need for improvement, so let's see how you do and also score US. Remember, a 1 means "not at all" and 5 means "regularly" so in THIS case, you (and we) want a HIGH score, but be honest.

 

GOOD:

 

1.            Responsive

               (1....2....3....4....5)

2.            Accessible (Yes, that means 24/7)

               (1....2....3....4....5)

3.            Places client interests ahead of your own

               (1....2....3....4....5)

4.            Listens intently and actively

               (1....2....3....4....5)

5.            Visits and calls them rather than only communicating by email

                (1....2....3....4....5)

6.            Performs the legal work efficiently, effectively and economically

                (1....2....3....4....5)

7.            Accurately bills

               (1....2....3....4....5)

8.            Doesn't  surprise the client

                (1....2....3....4....5)

9.            Understands the client's  business and industry

                (1....2....3....4....5)

10.          Anticipates problems and suggests ways to resolve them proactively

               (1....2....3....4....5)

 

 

So, how did you do? Obviously, you hope to have a perfect "good" score of 50, but surely you/we are doing better than a 30. If not, we have much work to do. Any suggestions on how you/we can improve?

 

 

I really would like your input here on in person. Feel free to make a post as it can be anonymous. If you would like to discuss how you/we can improve service, let's talk about it. Call me at 318-222-2426 or e-mail me at perkins@perkinsfirm.com.

 

 

In the meantime, if there is anything I can do for you in North Louisiana or Northeast Texas, feel free to call at any time.

 

 

Mark Perkins

Perkins & Associates, LLC

318-222-2426

Checklist for Great Jury Instructions

In the past, I have blogged about and shared "standard voir dire" questions, but the following is to assist with instructions given to the jury. I am not presenting actual suggestions of what should be in the instructions because the law will vary as to the facts; however, it's extremely important to consider the jury instructions even before discovery begins so that you can focus the case in the direction you want it end.

Similarly, I always advise the attorneys in my office to review winning cases on summary judgment or at trial so we can emulate those cases as much as possible. Although I may be considered a "seasoned" trial attorney having practiced law over 25 years, I continue to learn  from excellent attorneys and experts in trial analysis, such as Dr. Paula Gabier, in preparing the themes based on applicable jury instructions.

The following is revised from a checklist by Julie Brook, Esq. to help with  effective jury instructions in every case. Often times, attorneys will use only the "form instructions" because it's easy, but that is short-sighted method. We're not paid to be clerks who can copy and paste. We are paid to evaluate, analyze and apply legal principles to factual issues. 

The following is just a checklist on how to analyze and ensure you do your best, but it's nothing more than a tool. What sets you apart from the average lawyer is your ability to make this checklist come to life in a specific case.

1. ___ Review form instructions before drafting instructions to see whether any of them fit the issues in the case. Make sure  to review recent revisions.
2. ___ Prepare instructions well before trial so that you can focus your attention on them and avoid drafting last-minute instructions.
3. ___ Review pleadings and discovery before drafting instructions to determine what the issues are. Reread the complaint, answer, any cross-complaints and answers, the pretrial conference order (if one was entered), answers to all contention interrogatories, all requests for admission, and any orders on any motions to see if any of the pleaded issues have been removed from the case.
4. ___Determine who bears the burden of proof on each issue or element of each claim and affirmative defense, and prepare burden of proof instructions.
5. ___ When drafting original instructions, use simple language, cite authority accurately, and read the instructions to non attorneys to make sure the jurors can understand them.