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Law Technology

South Carolina Trial Law Blog

Focuses on using technology to be a better trial attorney. Trial tips, techniques and ideas from a plaintiff's attorney's perspective.

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Last Entry: May 20, 2010 at 16:28:35

Converting to Macs

Posted on May 20, 2010
I put Verdical on my main desktop and it could run, but it was sluggish to the point of being non-useable. It was very, very sluggish in loading and trying information on the computer. It was not an acceptable speed for using at trial. I wasn't certain how that could happen, because I like to buy good hardware and thought I had a 'go-fast' box...

Moving to a MacBook Pro from a Toshiba Ultra-Light

Posted on May 18, 2010
I've always been a big fan of ultra-light laptops. My last laptop was a Toshiba Portege R600. At the time I bought the computer, it was fast and only weighed 1.6 pounds. That's about half the weight of a MacBook Air and almost exactly the same weight as an iPad...

Odd Marketing Call

Posted on February 19, 2010
I received a call from an advertising company. Normally, these are a rip-off. Even if you are a fan of advertising, for the same price that they charge, you can do two to three times more advertising on your own, than you can with these firms assistance...

A Way to Deal with Non-Surgical Cases

Posted on February 15, 2010
If you have a permanent soft tissue case that does not lead to a surgical solution, that means there is no cure for your client. He has a lifelong problem that can't be fixed. At least with a surgery, it can be fixed. With the non-surgical, there is no fix...

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Know When to Buy Your Mac, iPod or iPhone

Posted on January 27, 2010
Looking for when to buy a new Mac laptop, iPod or iPhone? Mac Buyer's Guide has information on Apple products on when they were last updated, the average life cycle, when the prodcut is expected to be renewed and also a collection of news / rumors about the new products...

Insured Medical Bills vs. Uninsured Medical Bills

Posted on December 02, 2009
A quick comment about rates insurance companies pay and how much uninsured people pay. I recently helped a friend out with a few doctor's bills. I don't do this for a living, but did it to help a friend. The bulk of it was two Emergency Room visits about two months apart...

Adjuster Law: But Your Guy Didn't Die

Posted on December 02, 2009
I have a case that came in not too long ago. Single car wreck. 11:30 p.m., the car's right tire goes off the edge of the road and the driver over corrects, swerving back and forth trying to get control of the car. The car eventually hits a concrete culvert and flips 3–4 times, finally coming to a rest upside down in a cornfield...

Minimum Limits for South Carolina

Posted on December 02, 2009
The minimum auto policy limits of $25,000 went into effect on January 1, 2007. But on existing policies, the new limits take effect on their renewal date, which is every six months from the date of the original policy. That means that depending on the renewal date, you can't be 100% of having $25,000 minimum limits until July 1, 2007...

Getting a Quicker Response in Workers Comp Cases

Posted on November 27, 2009
I have been experiencing a distubring lack of response to my settlement demands in workers compensation cases. More often than not I believe it's because the insurance company hasn't given the attorney authority to settle the case and they are reluctant to call back with nothing...

Adjuster Law: Not Enough Damage to the Car

Posted on November 19, 2009
I sent a demand package to an insurance company on a car wreck case with about $26,000 in bills for medical treatment and two herniated disks. The adjuster wanted us to get information on prior medical treatment because of the severity of the claim, they felt there had to be some pre-existing condition...

Funny Answer for Request on Information for an Expert

Posted on August 19, 2009
In a recent conversation: Question: Does anyone have any information on expert _______? Answer: You are in trouble. ______ is formidable. I have used the expert myself on several occasions. The expert is well qualified, very articulate, makes a very good witness, quick on his/her feet, and is married to a judge...

Don Keenan and David Ball Seminar on the Reptilian Brain

Posted on May 23, 2009
I went to their seminare in Atlanta 2 weeks ago. Great, great stuff. Unfortunately, the book was still at the printers and won't be out for another week or so. They conducted a lot of focus groups and studies based on Clotaire Rapaille's work. Here is Rapaille's home page...

Update on Case Management Software

Posted on May 03, 2009
As many of you know, I have a penchance for case management and a background in programming and technology. Lately, Needles and TrialWorks have been the top two dogs in case management. Historically Needles was the leader and over the past 5 years, TrialWorks has been coming on strong and overtaking Needles as a better case management program...

Why Listen to Me about Interrogation?

Posted on May 03, 2009
I've stayed out of the fray on this for as long as possible, but with the release of the memos from the Office of Legal Counsel, I juat have to include my opinion. As my readers know, I'm a plaintiff's attorney and the tagline of this blog is ‘Using Technology to Be a Better Trial Lawyer'...

Trial Works Online Takes a Quantum Leap in Case Management

Posted on May 03, 2009
TrialWorks has added a extra-net or web-based component to their program. They've always had the remote access, but this allows you to give anyone a username and a password and access to a portion of your database. You can give a new client access to their case information...

New Trial Tech from David Ball, Don Keenan, Jim Fitzgerald and Gary Johnson

Posted on May 02, 2009
With his Damages book, David Ball gave plaintiff's attorneys a structured way to talk about damages and to present a case from opening statements throughout the trial. It wouldn't be an overstatement to say it revolutionized the courtroom for many plaintiff's attorneys...

How to Get the Last Dollar out of Mediation

Posted on February 24, 2009
One negotiating tactic that I can share we used today to get some extra money at mediation. But it should be used sparingly and in the right situation. We were in mediation today and the defense had topped out. After the first offer, it looked like they were going to top out in the $40,000 – $50,000 range...

Negotiating

Posted on February 24, 2009
One of my favorite parts of being a trial lawyer is negotiating. Getting the other side to pay more than they wanted to. In doing this for nearly ten years, I’ve picked up a few tricks of the trade. I am consistently getting about 20% more for the same case than I would five years ago...

My First Experience with Adjuster Law

Posted on February 15, 2009
When I was relatively new as a Plaintiff’s attorney, I received a call from a GEICO adjuster stating that at the beginning of December, that they wanted to take all of their cases and wrap them up for the year’s end. That a super adjuster was coming in from Atlanta and would take care of all the cases at once...

The Law According to Insurance Adjusters

Posted on February 12, 2009
Being an insurance adjuster is a hard job. They have to know a lot about medicine, law and insurance. Most adjusters also have a staggering caseload and are under fairly strict instructions on what they can and can’t pay from their company. I often get responses from adjusters on why they can’t pay a claim...

Workers Comp: Loss of Earning Capacity

Posted on February 12, 2009
Frequently when someone gets hurt on the job, they get well enough to work, but not in the same job and can’t earn as much money. South Carolina’s code to deal with that is 42–9–20, which reads: § 42-9-20. Amount of compensation for partial disability...

Smart Advocate - The Best Program that's NOT being Sold

Posted on February 10, 2009
I’ve had a strange odyssey in my search for case management programs. I knew I needed to upgrade, but honestly didn’t know how to manage my firm. I knew how to practice law, but not how to manage my practice. No problem, I thought. I’ll just get the best program out there, use the examples they have and then adjust and modify from there...

$15 iPhone Replacement

Posted on February 04, 2009
Yes. You read that right. Fifteen dollars. I cracked the glass on the front of my iPhone and sent it in for a replacement. However, that means I will be without a phone for 2–3 days. It turns out that Wal-Mart (of all places) sells a Go Phone. This is a pre-paid phone that allows you to get a cellphone without a contract or a credit check...

Third Party Vendors for Broken iPhone Glass

Posted on February 04, 2009
iPhones have a glass front that is easy to scratch. If you drop it, they break pretty easy. Unfortunately, the glass front of the iPhone is not covered under warranty. Even if you get the Applecare Protection Plan, the broken glass is not covered under the warranty...

I'm Back. Plus an Update on the Exercise

Posted on February 03, 2009
A lot of things have been going on lately and I’ve gotten out of the habit of posting. Hopefully that will be changing soon. Jessica and Eric are now 5 and 2. Erica just had her second birthday a few weeks ago and Jessica is in pre-kindergarden and is learning how to read...

Should You Videotape a Doctor's Deposition?

Posted on February 03, 2009
The best surgeons are best at surgery. Some of them are good speakers, some of them can teach, some of them can educate. A lot of them can’t. While it’s important for everyone in every profession to be able to get their point across, not every one can...

Cell Phone Use While Driving

Posted on October 14, 2008
In a recent discussion, several lawyers thought that a jury would react more harshly to a driver talking on a cell phone while getting into an accident than a drunk driver. It’s a conscious choice to talk on the phone in a traffic situation and I think that most people can relate to that...

Myrtle Beach Lawyer Returns from AAJ Ultimate Case Workshop

Posted on October 08, 2008
I just got back (well a few weeks ago), from AAJ’s Ultimate Case Workshop in Charlotte, NC. Wow, what a great experience. I can’t talk about specifics, but there were a few things I got the okay to share and I can share some of my general impressions from the workshop...

Hiring an Associate Lawyer in Myrtle Beach

Posted on September 21, 2008
I'm getting close to the point where I need to bring on another attorney. My options are: Associate Straight out of School Associate with 2–3 years experience Journeyman attorney with 5–10 years experience that doesn’t want to be a partner Partner I’m leaning towards hiring an associate...

Top 5 iPhone G3 Applications for Lawyers

Posted on September 18, 2008
We have a guest post from Kelly Kilpatrick, who writes on the subject of the colleges for criminal justice. I wasn’t familiar with their site before talking to Kelly, but she has a very comprehensive site for anyone wanting a criminal justice degree, regardless of where you live, or whether you want to be in a regular classroom, take classes by correspondence or take on-line courses...