Judge Harold Baer; are you kidding?

Most of you probably know of Judge Harold Baer who sits in the Southern District of New York. I appeared before him numerous times when he sat across the street in State Supreme Court. Judge Baer is highly intelligent and has written some excellent opinions during his stint on the Federal Bench. And don't get me wrong, I'm a liberal, socially conscious individual married to a female, minority attorney.
But, Judge Baer's recent decision requiring a "private law firm " in a class action case before him, to put one female attorney and one minority attorney on the case is a clear(dangerous ) example of the Judiciary overstepping it's bounds.
What will the Judge do next? Require lawyers of certain ages on cases ? Or of certain heights, weights, eye color, economic background? Or maybe he will require one lawyer from each political party to appear on the case? Give me a break!
Judge Baer , respectfully ventured into a territory the judiciary has no business in. Maybe he will next require "all blue matching suits " for the litigators who appear on this case.
The choice of what attorneys should appear on a case is solely the client's and the law firm....and no one else!

Wrongful Imprisionment cases; City of New York is Paying some serious money($) to settle.

Not too long ago before individuals were being cleared through DNA testing(The Innocence Project etc.,) false imprisonment /malicious prosecution cases against The City of New York or The State of New York were looked at as more of "long-shots", rather than legally recognized causes of action. I prosecuted several myself; and without "eveidence of blatant police misconduct"(like the old 3oth precict cases) they were "uphill battles".
Now with firms like Neufeld,Scheck and Brustin and Beldock, Levine and Hoffman these cases are getting the attention of defendants and the "Bench", that they warrant and deserve.
How would you like to "wrongly " spend fifteen years in prision in the prime of your life?Just this past week, the City of New York agreed to settle the case of Jose Garcia (who wrongly spent 15 years in prision ) for $7.5 million . The money will not get him those years back; but justice was served. He probably did better by settling the case rather than trying his case. HIS ATTORNEYS? Neufeld, Scheck and Brustin. Congratulations to you , Mr. Garcia and your fine attorneys!

If I can't get you a better funding deal, I'll eat my hat!

Just last week I went to visit one of my customers, a well respected plaintiff's trial shop in Manhattan. This firm does a lot of "trial work" for smaller firms, and accordingly they "inherit files" with funding already in place. They asked me to take a look at some files to see if I could refinance existing funding deals to secure a better funding rate.
I was floored at the outrageous rates the clients were paying......all compounding on a monthly basis as well. The first three I looked at , I was able to refinance on a "non-compounding basis: a savings of untold thousands for the client. I am hopeful I can refinance dozens more for them.
If you have one of these "onerous deals" in place; call me asap.....Don't wait until the lien grows and grows like "Pinocchio's nose". If I can't help you, I will eat my hat!

Next six weeks; Record fundings expected!

End of the year, trials galore, carriers wanting year end settlements, Thanksgiving, Hannukah, Christmas, vacations, New Years, medicare.......all add up to one thing; Extensive funding needs!
I'm working 7 days a week to keep up and to be accessible to the "plaintiff's bar" and it's clients!
Good luck!

Watch out for Insurance Companies who prey on claimants in the days following the accident.

I was just recently looking at a funding deal; passenger, lumbar fusion, top plaintiff's firm and $1 million coverage and $500,000 respectively on the 2 cars. Looks fine, right? Well almost.
As it turns out the carrier with the $500,000 policy, a fews days post-accident gave the plaintiff $1,500 and had him sign a release. He was not represented by counsel at the time. Yikes!
So while everyone is proceeding in the case...this issue can be brought to the forefront via a summary judgment motion at any time. Of course the plaintiff was unrepresented, didn't know what he was signing and believed it was for medical treatment....but it still"lurks " out there. This practice is sneaky, underhanded and as far as I'm concerned should be outlawed by Insurance Department guidelines or statutory enactment.
How do we curb these tactics? Answer: Prohibit carriers, defendants or third-party TPA's from settling a bodily injury case directly with a claimant for the first 30 days post-accident. What do you think?

Did you ever make $30,000 an hour?

One of the most exciting moments I experienced in my almost 20 years litigating cases in New York, was over before you could blink your eyes. About 6 years ago, I'm in my office doing paperwork on a very quiet "holiday day" when I get a call from a former[satisfied client] who tells me she was filming a tv commercial with a "major sports celebrity". During a break, in front of 200 people the celebrity ,(while my client was kneeling), bobbed her head up and down by his crotch mimicking oral sex. Extras on the set had witnessed it and my client was humiliated, scared and terrified that if she complained she would "be blackballed " forever in her industry.
She told me there was a"woman extra " on the set who would be cooperative, who had confirmed to my client that she saw every horrible little detail. I advised my client to immediately contact the witness and set up an interview where I could obtain a written statement. Next thing you know I'm with my client [ 1/3rd retainer in my bag]at the witness's apartment by the Seaport, taking and notarizing an ironclad written statment. Retainer signed , of course[hey!].
Immediately afterwards I did 2 things;
1. Dictated a complaint to my secretary to be filed in Supreme Court, New York County[from the cab] and
2. Contacted a childhood friend[agent in the sports business ]to get the sports celebrity's cell #.
My friend as it turned out was very close with the celebrity and he did try to mediate.I called the defendant on his cell phone, introduced myself in a very professional manner, explained our version and read him the "guts of the statement". I also became aware that he had a huge sporting event the next day and of course I had every intention of sending the filed complaint to the Post, Channel 4[I knew Ralph Pensa] and of course ESPN. I stated in no uncertain terms "we needed to settle today" or I would file the complaint at 5 minutes to 5 befote the Clerk's office closed. He listened , asked a question or two and said that they would be in touch shortly. Next call ,my friend begging us to go away for $20,000. Rejected! Next call the sports agent; " can something be worked out here "? Of course for $750,000, a letter of reference and a guarantee she would not be blackballed. Next call, fancy sports attorney from L.A. called. Let the games begin!
I immediately sensed vulnerability; i.e. irreparable damage to an ironclad reputation which could cause the end of a career and countless millions. So I came from a position of strength and played my best hand....the independent eyewitness's written, notarized account. That statement would carry the day and a $600,000 settlement consummated in the hallway in the Courthouse leading to the counter where complaints are filed at 4:55 p.m. Surreal moment.

Justice done, client gets her coop, her career is unblemished , celebrity no worse for wear[just $600,000] and Goldman makes $30,000 per hour($200,000 fee for 6 and a half hours). Not bad for a day's work!

Bhopal,Union Carbide , All these years later.

One of the truly horrific incidents of the 1980's was the Union Carbide Gas Disaster which took place in Bhopal India at the end of December 1984-early 1985. I remember the time frame well. I was admitted to practice law in N.J. in December 1984 and then in New York in February 1985. Well, I vividly recall, just after my New York admission being sent off on a plane by the firm I worked for in Manhattan to meet our Indian Lawyer contact in India. I made our contact , signed up thousands of cases and over two trips stayed for 2 months. While in India I saw many of our finest personal injury firms ,obviously there on the same mission.
While the case dragged on. Judge Keenan eventually dismissed it on "forum non conveniens grounds, effectively transferring the case back to India for it's conclusion.
Well, just a few months ago I received a call from a friend who knew I had been in Bhopal , who let me know that he saw in the Law Journal that Judge Keenan still had, and was deciding some Bhopal related matters. "Justice, just 25 years later."

CPLR 7503(C); 20 Days really means 20 days.

As we all know in New York, when a claimant files a demand for uninsured motorist arbitration, there is a STRICT 20 day statute of limitations for the carrier to file a petition to stay the uninsured/underinsured arbitration.
I always like to tell this story. When I was practicing I had a case where I could not confirm coverage on the offending vehicle after months of trying. So I did what any crafty practioner would do; I filed my demand for uninsured motorist arbitration on the no-fault carrier by certified mail. Amazingly, on the 21st day, a claims rep called me and said they think there is coverage on the offending vehicle...would I ACCEPT THEIR PETITION 1 DAY LATE? I responded by asking him, "if I had a great hit in the rear case, and I filed on the 3rd year and a day..would you direct your defense counsel not to contest statute of limitations"?
I immediately heard a click on the phone and the line went dead.
Moral of the story; Know your limitations periods and enforce them whenever you can! Because I guarantee you defense counsel will!

Plaintiff's in personal injury cases are at a huge disadvantage; Defendants have access to much, much more data.

If I was currently sitting on any NYSTLA committe today like I did 15 yrs ago, I would be pressing for some way to even the "litigation playing field " with carriers and defendants. While defendants have a world of information regarding plaintiffs at their disposal, plaintiffs have to jump through hoops to get the same information about their own clients.
For example; Defendants have access to the Central Indexing Bureau[CIB], while plaintiffs don't. The CIB provides particulars about plaintiffs prior accidents. Therefore, defendants are given a great advantage in obtaining discovery material and performing the necessary investigation. So if your client lies to you[what else is new] and says he had no priors...you are open to being blindsided and perhaps putting your whole case at risk.
Defendants have access to "medical claims databases" and criminal databases as well. Powerful stuff! Sometimes a smart defendant's attorney will not even reveal what he knows until the plaintiff has dug a ditch for himself by lying at his /her deposition. Sneaky or smart? This unlevel playing field has been in existence forever.....It's about time the plaintiff's bar does something about it!

Short stop cases, seem like they are tougher and tougher to win.

Let's face it, "short stop" bus cases are not "God's Gift" to the plaintiff's bar. The bus companies will not settle them and more likely than not you can expect defendant to file a summary judgment motion. It is not even enough these days to beat the summary judgment motion; Defendants believe they can win at trial and ARE WINNING at trial.
So does that mean don't ever take these cases? Of course not! Just "screen them carefully" from the get go. Look for cases obviously with a fracture or surgery.Look for reported incidents with a witness and/or other injured people. But , most importantly look for an articulate plaintiff. Just like in sidewalk cases, the plaintiff's testimony is ever so important. On a heavy case an accident reconstruction expert should be used.
Moral of the story; Don't take these cases thinking you will get a quick fix and settle.You will not! If you take a case like this expect that you're in for a trial...Therefore, proceed accordingly.

Height of the trial season, trial expenses available.

From now until mid- December the pace ($) is fast and furious. Plenty of trials, plenty of expenses.
Well look no further. We can fund trial expenses on a non-recourse basis.
Contact me; I'll explain.

Does there have to be a heavy impact with significant property damage to support heavy injury?

To me one of the biggest "red herrings " in the personal injury world is "was it a heavy impact, "was there heavy property damage"? The rationale behind these inquiries is if the impact is heavy, it is more likely that there was significant injury. Yes, and easier to sell to a jury. Plus, more likely a carrier will see it as "a real case ".
But at the end of the day, we all recognize that a person can sustain "heavy injuries " from a moderate impact too. Such factors as the host vehicle's speed, weight of the vehicles, slope of roadway, body position, plaintiff's location in the vehicle, prexisting injury, fixed objects within the vehicle and more...need I go on, are highly relevant.
Moral of the story; while property damage is certainly an important factor in all motor vehicle cases, it is not the sole factor!
Keep an open mind.

If you want funding for clients on an infant's case or in some guardianship situations, you must get a Court order allowing for it.

More and more I'll receive inquiries from attorneys on behalf of families of infants[or guardians] who are financially strapped and desperately need funding. With infants, an advance CANNOT be done absent a Court order permitting the funding transaction. In many guardianships there are restrictions on the guardian letters which also require Court approval before the funding is done. The procedure is not all that complicated.
If this situation arises, contact me and I'll be glad to walk you through the procedure.

Pay Attention to what funder your client is seeking funding with; may save a huge headache down the road.

As I am acutely aware, plaintiff's attorneys are overworked, overstressed and of course client funding deals are usually done when time finally permits. I must caution you; the practitioner who tells his client to find a funding company on his own, "and then get back to me", is playing with fire.
There are a lot of companies out there whose rates are so onerous you will curse the day you allowed your client to sign a contract with them.
So make life easy on your client and yourself..... you can rest assured by contacting me , you'll get great , low rates, service 2nd to none and honesty and integrity on every transaction.
Moral of the story; Why mess around with the world of the unknown? Stick with me.

Make sure when Communicating by email with a Client, You save the email; You never know when you might need it.

One of the biggest headaches for "plaintiff's attorneys ", is responding to client inquiries and "requests for status". Some firms copy their clients every time a pleading is served, on correspondence, etc. Some "high-tech" firms actually have their client's file and pleadings available on-line for access by each individual client. Whatever works !
In the old days clients were updated by phone or letter. Smart practitioners always kept copies of their correspondence in their file. Nowadays, a substantial amount of communication with clients is done via email. Everybody has a cell phone and just about everybody has email.
So naturally if a client requests status from you via email, you most likely will provide a status to that particular client via email. Good practice dictates saving that email and/or printing it and placing it in your client correspondence folder.
Remember , the biggest client complaints are neglect and failure to be responsive to clients. Well this way, if Mrs. Jones says she never received a status from you on the case; you have your saved email as dispositive proof of the communication.
Always protect yourself at all times!

You must start Medicare Process immediately after client signs the retainer.

As a point of reference, there is really no way now to sidestep medicare clearance. If you wait until the case settles to start the process; you will be very unhappy with the delay.
Again, the best time to start the process is in the beginning, so you're prepared to move forward once the case settles.
A word to the wise is sufficent!

It's 2010 , Make sure you have a Computerized IOLA Ledger.

In the "old days", no one really kept an IOLA Ledger. You basically kept a running balance, payee, amt. of each check, etc. on the check stubs. Then as a result of an"increased awareness" of Section 9-102, the plaintiff's bar starting keeping an actual written or typed ledger.
Then came computer banking; and at last the advent of the "computerized IOLA ledger". If you're not there now, get set up right away.
No ifs, ands or buts....!

Structued Settlements,Make sure you have your own, experienced Representative when putting together a Structure for a Client.

In the old days, when you settled a case with a structured settlement component, the carrier had their representative contact you, they told you and the client "what was what" and that was it. Things have gotten more complex today YOU MUST HAVE YOUR OWN STRUCTURED SETTLEMENT SPECIALIST ON BOARD WHEN SELECTING AN ANNUITY.
The client's cash flow needs, budget, future medical needs,etc. , are first and foremost concerns which must be protected . An experienced structured settlement broker will guide you through the minefield.
Contact me to discuss .

Toxic Tort Litigation; Frye -Daubert Hearings.

In toxic tort personal injury exposure cases it is not enough to have pulmonologists, epidemiologists, ear , nose and throat experts, toxicologists, life care planners , economists and more. You must , at the outset of the litigation, engage a medical-legal researcher to obtain "all medical,toxicological and scientific studies and peer reviews on the subject toxin and the medical causation to humans. This will allow you to analyze from "the get go" your chances of succeeding on a Frye-Daubert challenge.
To say,"I'll address that later", is putting the cart before the horse. Conceivably, you could spend hundreds of thousands of dollars, do 50 depositions , spend countless man hours, overcome summary judgment motions, but then get knocked out of the box on a Frye -Daubert challenge. Scary stuff!
Do yourself a favor; Do the heavy lifting up-front....BELIEVE ME, THE DEFENDANTS HAVE!

In New York, at the end of the day how many carrier's actually make payment in 21 days pursuant to CPLR Section 5003(a)?

When CPLR Section 5003(a) was enacted I know I got really excited...I presume other members of the plaintiff's bar were pleased as well. The section provided that for non-municipal defendants, the settlement check would have to be sent within 21 days of receipt of the release and settlement documents from plaintiff's counsel. It even provided for a mechanism to enter judgment ex-parte if the payments weren't made in timely compliance with the statute.
So has the statute worked? My honest opinion, no! Let's look at the different scenarios that plaintiff's have had to navigate around to get their settlement monies.
1The statute allows municipal defendants[like the City of New York ] 90 days to pay. As usual, they pay when they want to;
2. NYCTA- never pays on time. Whether it's "we lost your papers", "problems with the affidavit of no liens" or some other reason, they are not the world's fastest payers;
3. FOJP-on malpractice cases they always negotiate a "waiver of 5003(a) at the time of settlement[usually 45 of 90 days];
4. American Transit-habitually tardy.
5Countrywide-don't even go there.
And let's not forget on infant's settlements, wrongful deaths, New York State Liquidation Bureau settlements and now Medicare,.....it can take a year and a day to get your money.Of course a structured settlement always causes delays.
So what defendants[carriers] actually pay your settlement within 21 days? Allstate, State Farm, Geico, Progressive and Met. Life; The same carriers who have always paid on time.
So is the statute useful? You be the judge.

Don't be scared of Federal Court,It won't hurt a bit.

Let's face it, most members of the plaintiff's personal injury bar are much, much, more comfortable in State Court than in Federal Court. I suspect that the main reason is that most personal injury cases are filed in State Court and thus there is a greater familiarity with the rules, evidence, Judges and the general operation of theState Court system. Not to mention "the intimidation factor in appearing before Judges and Magistrates " in Federal Court.
But it doesn't have to be that way. When your case is removed to Federal Court on a diversity issue, you better bone up on your Federal Court procedure or you'll be in deep shi.. You obviously have no choice when filing a Tort Claims Act case.
Additionally, in my opinion certain cases are best filed and prosecuted in Federal Court; Police brutality, class actions, mass torts, deliberate indifference cases and civil rights cases.
So don't be terrified of the words"Federal Court"...do something about it. Take a seminar, CLE, tapes, something, anything... You can do it! Oh, and remember to check out Rule 11.
Good luck!