I wasn't certain how that could happen, because I like to buy good hardware and thought I had a 'go-fast' box. It turns out that I did have a go-fast box, but one that was about 5 years old. We had skipped Windows Vista by staying in Windows XP and decided it was time to upgrade.

The first upgrade was the server. It was still runing on MicroSoft Small Business Server 2000. We're currently in 2010. Our server was about 7 years old and running 10 year old software. So we put in a new Mac Pro with lots of memory running MicroSoft's Small Business Server 2008.

In addition to the Mac Pro, I'm in the process of putting 27” iMac's with Core i7 processors with 8 gigs of RAM on everyone's desk. We're running Parallels and Windows 7 on the iMacs and I updated to the 15” MacBook Pro with Core i7 processor and 8 gigs of RAM for a laptop. It is running Parallels and Windows 7 as well.

We are still mainly a Windows office, but when I finish putting an iMac on everyone's desk we will have the ability to work in both worlds.

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.

Unfortunately, I upgraded from Sanction to Verdical to get the deposition summary software and the Toshiba couldn't handle it. Verdical uses a public version of MicroSoft SQL server that just made the laptop choke. I looked into putting more memory into it, but it was maxer out at 2 gigs of RAM. Oh no. It was a full fledged laptop, not a net top, but the inability to put memory into the laptop was a problem.

So I've upgraded to the new MacBook Pro's. My preference was to get the 13”, but I wanted the fastest processor and the most RAM on the market, so I had to go with the 15” laptop.

It has a Core i7 processor, 8 gigs of RAM, hi-resolution and anti-glare screen.

A new laptop doesn't sound that dramatic. But when you go from a laptop that's 1.6 pounds and slips into a leather portfolio, to a 5.6 pound laptop and most of the bags are between 2 –  4.5 pounds, it's the difference between taking a notepad and taking a bowling ball with you wherever you go.

I'm enjoying the new MacBook Pro, it's speed, the OS X, the new Windows 7 and all the things it can do, but it will take me awhile to get used to the larger form factor. It's been more than 5 years since I've had a laptop that weighed more than 3 pounds.

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.

Unfortunately, I upgraded from Sanction to Verdical to get the deposition summary software and the Toshiba couldn't handle it. Verdical uses a public version of MicroSoft SQL server that just made the laptop choke. I looked into putting more memory into it, but it was maxed out at 2 gigs of RAM. Oh no. It was a full fledged laptop, not a net top, but the inability to put memory into the laptop was a problem.

So I've upgraded to the new MacBook Pro's. My preference was to get the 13”, but I wanted the fastest processor and the most RAM on the market, so I had to go with the 15” laptop.

It has a Core i7 processor, 8 gigs of RAM, hi-resolution and anti-glare screen.

A new laptop doesn't sound that dramatic. But when you go from a laptop that's 1.6 pounds and slips into a leather portfolio, to a 5.6 pound laptop and most of the bags are between 2 –  4.5 pounds, it's the difference between taking a notepad and taking a bowling ball with you wherever you go.

I'm enjoying the new MacBook Pro, it's speed, the OS X, the new Windows 7 and all the things it can do, but it will take me awhile to get used to the larger form factor. It's been more than 5 years since I've had a laptop that weighed more than 3 pounds.

The company was doing a national advertising buy and then parcelling out the pieces and parts to various markets. I do know that national advertising is much cheaper than buying local advertising, so I was willing to at least listen to the pitch, but with a hefty dose of skepticism.

First thing I want to know about any of these advertising / marketing schemes is what is their minimum contract length. If they want to lock you into a year of expensive advertising, but are not going to give any guarantees, or let you out of the contract if you’re not getting results, it means to me that they don’t really believe in their contract.

I met a vendor at the Southern Trial Lawyer’s Convention, who was doing internet based advertising (more on that later), but he said he was more than willing to do a 3 month sign up and a month to month contract. That’s someone that’s confident in their product.

The approximate price for the advertising on the call was $2,500 a month, which is about $30,000 a year. The first thing they wanted to do was set up an appointment for a 45 minute sales pitch. Wow. I can’t think of nearly anything that I would want to listen to for 45 minutes and an advertising sales pitch certainly wouldn’t be near the top of the list. Just show me the numbers and I can make a decision in less than two minutes.

The next thing is that I wanted to know was how much they stood by their product (which was not very much). Guaranteed year contract for $30,000. According to them, they had ‘guarantee’ that you would get double your money out of their advertising. I asked them ‘Okay. So what happens if after three months, I don’t get much of a response, can I cancel?’ No. ‘So how would I get double my money back, if I’m not getting much of a response?’  Well….we would just keep advertising longer until you got ‘your money’s worth’ out of it.

Then the guy on the phone took me to task for having a negative attitude and that this was never going to work, if I started off with a negative attitude and that I needed to be more positive about it. It was quite a lecture.

Let me get this straight. They want me to pay them $30,000 a year and I’m not even allowed to ask questions about their program? I’m not supposed to ask questions about what happens for the $30,000 that they want me to spend? That’s when the conversation ended rather abruptly.

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.

She had charges of $2,617. Insurance paid $370 and there was a contractual adjustment of $2,047.00. That left her a balance of $200 to pay.

She had charges of $4,719.76. The hospital agreed to reduce it to $3,020.65.

Of course, if she got the same deal that the insurance company got and paid both her portion and the insurance portion, it would come out to owing the hospital only $1,027.96 .

We were able to work a significant reduction for her. But it’s crazy that this goes on.

My client is the passenger. He was buckled in and looking for the driver. He came to and was able to drag himself out of the car. Frantically looking for the driver, he finally found him 30–40 feet away from the car in a twisted mass. Dead.

The driver was a friend of his. Someone quite a bit younger, that he had been living with for three months, working with and mentoring in his trade. Dead.

My guy had the initial ER bills, four weeks off work and minimal follow up to that point, because he couldn’t afford the doctor’s bills. I called the insurance company. They had the state minimum policy limits of $25,000 with an additional $25,000 for UIM.

I figured that this was more than enough to get to the $50,000 and called them to check on their feelings. “Oh no…..that’s not nearly enough.” Not enough to get to the $50,000? “No……Not enough to get to the $25,000.”

But this is a very serious fatality case. It was his roommate, friend and co-worker. “Your guy didn’t die. We consider this a soft tissue case and nothing more”.

Wow. It’s breathtaking.

The insurance company is of course Allstate.

That means that depending on the renewal date, you can’t be 100% of having $25,000 minimum limits until July 1, 2007. The statutes and cites are after the jump. ]]>

§ 38-77-140. Bodily injury and property damage limits; general requirements.

(A) An automobile insurance policy may not be issued or delivered in this State to the owner of a motor vehicle or may not be issued or delivered by an insurer licensed in this State upon a motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(1) twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person;

(2) fifty thousand dollars because of bodily injury to two or more persons in any one accident; and

(3) twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.

(B) Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements.

 Former 1976 Code § 56-9-820 [1962 Code § 46-750.32; 1963 (53) 526; 1974 (58) 2718] recodified as § 38-77-140 by 1987 Act No. 155, § 1; 1997 Act No. 154, § 12.

Amended by 2006 Act No. 395, § 3.A, eff June 14, 2006 affecting policies issued or renewed on or after January 1, 2007.

§ 38-77-30. Definitions.

(12) "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, the renewal policy to provide types and limits of coverage at least equal to those contained in the policy being superseded, or the issuance and delivery of a certificate or notice extending the terms of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy being extended. However, any policy with a policy period or term of less than six months or any period with no fixed expiration date is considered as if written for successive policy periods or terms of six months.

Please tell me the status of the case. To save time, you can pick a number from the list below to indicate the status. Please feel free to add comments as necessary.

1) I haven’t heard of this case and don’t think it’s assigned to me.

2) I’ve heard the case name, but at this point, don’t know any more about it.

3) It’s on my list of To Do’s and I’’m just about to get to it.

4) It’s on my list of To Do’s, but frankly it’s not near the top now.

5) I have the information and reading up on the case and am in the middle of assessing it.

6) I need more information from your office before I can assess the case and send it to the adjuster.

7) I have finished assessing the case, but have not drafted the information to the insurance company yet.

8) I’ve sent everything off to the insurance adjuster and am waiting on authority.

9) The adjuster and I are talking about authority and should have an answer soon.

10) I have authority, but did not have the chance to call you yet.

Please respond to the following:

The number that is closest to the status is:

I expect to have an answer on the following date:

I need the following (if any) from you:

Comments/Additional Info:

The reason? Not enough damage to the car and they didn’t believe that my client could have herniated two disks from that amount of collision.

When I talked to my client his response “Well Dave, there wasn’t too much damage to my car. I was driving a Nissan Titan. The guy who hit me, his car was totalled. It was a crumpled mess that had to be towed away from the scene”.

Of course, the car that was totalled belonged to the adjuster’s insured, so she was well aware of that, but any reason to deny a case.

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. Good luck.

Ouch. Just goes to show that both sides can have good witnesses.

They conducted a lot of focus groups and studies based on Clotaire Rapaille’s work. Here is Rapaille’s home page. The basic concept is that we have the modern functioning brain that helps us with decision making and functioning in our current environment. Underneath that is our lizard brain. The reptilian brain.

The reptilian brain works on basic survival mode. Does anything threaten our survival or make us safe? Very basic instincts. Like the fight or flight syndrome. When a sudden danger appears, the body is pumped full of adrenaline and either stands ground to fight, or gets out of the situation.

By studying Rapaille’s work and applying it to the legal field, they’ve used the same arguments as before, but frame them slightly differently in an attempt to appeal to the basic lizard brain inside us all. It sounds very powerful. It takes the biggest tort reformers that were against us the most and turns them into our strongest allies. Wow. I’d love to see it in action. I have a trial next week and will apply some of the principles and we’ll see how it goes.

They are still working out the best way to present the information. I think the best solution is a one day seminar presenting all of the information followed by a 2 day seminar a few weeks later showing how to apply the theory to all aspects of your trial. It’s very good stuff and I can’t recommend it highly enough. If you do plaintiff’s work, you really need to check this out. The Book is here. The Seminar is here. The next seminar is in June in Dallas. While putting the link in, I just found out the Dallas seminar is full. You owe it to your clients and yourself to check out the next one.

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’. My focus is being a better trial lawyer, whether it’s through regular trial classes, using technology or even running a better office. That splits the readership because it’s a somewhat scattershot topic area, but that’s what interests me. I think it also interests plaintiff’s attorneys with their own practice.

So I have held myself back from talking about interrogation and torture so as to not further spray the field, but it’s time to offer my opinion on this.

But why should you listen to me?

I was an interrogator in the United States Army from 1982–1989, just short seven years. I signed up for 3 years the first tour and 4 years the second tour. The Army taught me Arabic on the first tour and Hungarian on the second tour.

I taught interrogation at Fort Huachuca, Arizona from 1986–1989. While at the interrogation school, I taught basic tactical interrogation for the United States Army. There were also ocassional classes for the Officer’s Basic Intelligence Course and the Foreign Allied Officer’s Course, where we taught officers from other countries.

In addition to those classes, I was on the team that did course development for the USMC reserve interrogation course and also was on a review board for the interrogation MOS (job specialty) training.

So that’s why you should put some stock in my opinions. I went to law school in 1989 and am now a lawyer. Having the interrogation and a legal background is a good reason to listen to me. 

Here are the reasons to take my opinion with a grain of salt:  

I got asthma rather severely and received a medical retirement a year or so before Desert Storm in 1989, so while I taught interrogation for 3 years, I did not do any live interrogations.

All of my experience was with tactical interrogations and not strategic debriefing of high level detainees.

I worked on a tactical level. While I did teach interrogation for three years and know the doctrine cold, it was on a tactical level. I did not set policy at the national level in D.C.

You can give a new client access to their case information. If they have multiple cases, they can look up information on any of their cases. A co-counsel can have a filter that will allows them access to information on any of their referred cases.

What information do they have access to? Anything you want. You can set up a template as to what information to allow them, but also alter it for a specific client. For example, you can have them see the incident report, medical records, pleadings and discovery requests, but not correspondence.

The client would also have access to all of their medical records in pdf format. Many of our clients want copies of their medical recods for Social Security Disability hearings, or just to have for their records. Now, they’ll have instant access to their medical records and can save as a pdf just by right clicking on it.

Also, all of the Notes and progress made on the case can be e-mailed them automatically just by saving in the Notes. You can also determine whether it’s an appropriate Note to share with the client by the coding on the Note. There is some information that you might not want to automatically share with the client. For instance, an evaluation of the client as a witness, or certain aspects of a case evaluation with a client with unrealistic expectations. Not that you wouldn’t share that information with the client eventually, but a raw note as it happens might not be the most helpful.

Anyways, you can pick and choose exactly what information you want to share and then it happens automatically.

Referred cases and co-counsel cases? You can keep the other lawyer informed in the case and they would automatically get copies of pleadings, discovery, notes or whatever you want to send.

I would imagine I would have a few different templates. A template for high information clients, low information clients, co-counsel that wanted to be informed, and co-counsel that just want to touch base every now and then.

I haven’t seen it yet, but I would imagine it would be very easy to set up e-mail alerts to send them information about thier case or just personal injury cases in general on set intervals as well.

We often say that clients don’t understand how much work we do on the case. This can give them a way to see the work that’s being done. It also significantly increases the number of touches the client gets concerning the case they have and gives them a chance to provide more feedback to the firm.

I think it will take a little bit of tweaking and practice to get the right level of information. For example, do you want to just tell clients when you get their medical records? Or do you tell them you ordered the records, the follow up calls and letters to get the medical records? Or do you just tell the client when the medical records don’t come in and the law firm takes special efforts to beat them in? 

I don’t know if there’s a right answer and think it will take time to find the best mix. I also know there are people that appreciate the higher level of information and there are other clients that too much information just increases their stress levels. It will be interesting.

Anyways, I was blown away by this. I thought it really is the next step to take and in the next five years is going to become the gold standard. It costs extra, over and above the standard Trial Works price, but there’s a tremendous amount of work in getting it set up correctly.

I think this is a killer app for TrialWorks.