By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment
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Robert I. Feinberg
A Report, Though Inadmissible, Just May Be Useful
Whether it be a government report or a business record, opinions contained in those documents are not admissible in the courts of the Commonwealth. Certain facts which are contained in public records are admissible but evaluative reports, opinions, and conclusions are not. This is a general statement of the law in Massachusetts where records of Read More
Read MoreThe Ultimate Weapon
When people speak with scorn regarding personal injury law, they often complain that it is just a situation where the lawyer and client are seeking deep pockets. Well, insurance companies, have deep pockets but are obviously not in the business of readily dipping into them. Nevertheless, it is true that it is preferable to seek Read More
Read MoreThe NFL Grudgingly Confronts Head Injuries
One of the biggest, wealthiest, and most powerful institutions in the United States is the National Football League. A billion dollar corporate entity does not move or adjust to realities quickly, especially if those realities present embarrassing dilemmas. The issue of concussions and their effects is such a dilemma for the NFL. In light of Read More
Read MoreActivism v. Precedent
Senate hearings on Supreme Court nominee Elena Kagan focused on the issue of whether a judge should be an activist or respect precedent. Those two are generally seen as mutually exclusive, but depending upon what comes before the court, the very same people who want precedent respected may feel otherwise. The converse may also be Read More
Read MoreA Wolf in Sheep's Clothing
When I recently changed my auto insurance, I received a packet from the new insurer. Front and center was their advice not to admit responsibility for an accident. Well, their lawyers advised them correctly because any statement – whether inculpatory, exculpatory, or indeed any remark – is admissible at a trial if made by a Read More
Read MoreNo Contingent Fee for Experts
It is a well-established practice that a lawyer cannot employ an expert witness on a contingency fee. It is common for personal injury lawyers to use a contingency fee agreement, whereby they are only paid if the plaintiff receives a settlement or award, but this practice is strictly forbidden for experts. Rule 3.4 of the Read More
Read MoreIf the Shoe Fits
Ask a law student what case stands for the proposition that a defendant needs minimum contacts with the forum state to be sued in that state, and the answer (hopefully) will be International Shoe Co. v. State of Washington, 326 U.S. 310 (1945). Thousands of lawyers, actually hundreds of thousands of lawyers, have been trained Read More
Read MoreWhen Tortious Leads to Tortuous
If you use spell check and you type the word “tortious” you will find that it is thought that you meant to write “tortuous”. So what is “tortious” and what is “tortuous”? Tortious conduct is conduct or acts that create liability, such as for negligence, though not necessarily just negligence. Indeed, much of the litigation Read More
Read MoreWhen Here Comes the Sun, Be Prepared
I have blogged about defendants in automobile accident cases who will attribute a collision to weather conditions that they claim made the accident unavoidable. Of course, my rejoinder is that a driver acting reasonably must take into account the prevailing weather or road conditions. Inclement weather is one such defense that comes up. Seriously, though, Read More
Read MoreEthics and Tactics
Advocating for clients requires honesty. Not surprisingly, the rules of professional conduct speak to this. Those rules, as promulgated by the Supreme Judicial Court in Rule 3.4(A) and (B) of 3:07, the Massachusetts Rules of Professional Conduct, prohibit a lawyer from counseling or assisting a witness to testify falsely. The rationale is that the adversary Read More
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