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!