Miscellaneous

• The Basics of Legal Malpractice

  Geoff Trachtenberg | April 24, 2007 10:14 AM | 0 CommentsScottsdale, AZ

  The essence of legal malpractice is to show that a lawyer improperly did, or failed to do, something specific that, had the lawyer done properly, would have resulted in a measurably better outcome. Sounds simple enough, but it gets more complicated in practice.First, consider the specific act or omission. It's not enough to say a lawyer "did not do a good enough job." You need something...

• Hurt? Injured? Need a Lawyer? Too Bad!

  Geoff Trachtenberg | April 17, 2007 9:07 PM | 0 CommentsScottsdale, AZ

  Two years ago, rich and powerful Texans said lawsuits were ruining the state's economy and needed to be fairer. Today, thanks to tort reform, they are fairer -- for business. Ordinary people are out of luck.by Mimi SwartzLIKE A LOT OF OLD-FASHIONED TEXANS, Alvin Berry is the kind of man who bears the pain and indignities of life with good grace. At 73, Alvin has never been a rich man, but in his...

• Tax Consequences of Non-Physical Injury Damage Awards

  Geoff Trachtenberg | April 16, 2007 8:15 PM | 0 CommentsScottsdale, AZ

  Genrally, personal injury recoveries for bodily injuries are not subject to income tax, but recoveries for lost income are taxable. What, then, about non-physical personal injury (i.e., emotional distress and loss of reputation) unrelated to lost wages or earnings? Believe it or not, the government wanted to tax this recovery pursuant to § 104(a)(2) of the tax code. Thankfully, the D.C....

• Minor's Claim for Medical Bills Belongs to Parents Absent a "Waiver"

  Geoff Trachtenberg | April 14, 2007 11:09 AM | 0 CommentsScottsdale, AZ

  New decision from Division One entitled Lopez v. Cole. In short, the court held that based upon existing Supreme Court precedent, i.e., Pearson & Dickerson Contractors Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943), a claim for medical bills belongs to parents absent a "waiver" (and is, therefore subject to a two year SOL), but that a parent's failure to bring a claim within the two year...

• Legal Malpractice and Nondelegable Duties -- When Can a Lawyer Be Held Accountable for the Negligence of an Independent Contractor?

  Geoff Trachtenberg | April 12, 2007 9:57 AM | 0 CommentsScottsdale, AZ

  We recently filed suit in a case where a lawyer himself did nothing wrong, but hired an independent contractor to file a lawsuit -- that is, a process server. The process server negligently failed to file the lawsuit on time and, as a result, the lawsuit was time-barred. Worse, the process server was uninsured.Most people know that employers are generally liable for the negligence of their...

• Pain and Suffering: Getting the Jury to "Feel Your Pain" in a Personal Injury Matter

  Geoff Trachtenberg | April 11, 2007 10:06 PM | 0 CommentsScottsdale, AZ

  Pain and suffering. Two "legal words" that literally roll off your tongue. Words that are easy to say, but are hard to live with, especially when you are injured or disfigured by someone else's carelessness.One of the jobs of trial attorneys is to convey a client's pain and suffering to a jury, and it's not an easy thing to do. In fact, it is one of the hardest things trial lawyers do, and it...

• Legal Malpractice and The One Million Dollar Comma

  Geoff Trachtenberg | April 10, 2007 8:45 AM | 0 CommentsScottsdale, AZ

  As in many legal malpractice matters, the "devil is in the details," but rarely does a dispute center around the use of a "comma," but that was the case in a recent Canadian contract dispute:The dispute is over this sentence: "This agreement shall be effective from the date it is made and shall continue in force for a period of five (5) years from the date it is made, and thereafter for...

• How Do You Know What My Case is Worth?

  Geoff Trachtenberg | April 09, 2007 3:15 PM | 0 CommentsScottsdale, AZ

  One of the things a good personal attorney provides is assistance evaluating a case. After all, when all is said and done, that is really what matters most: what's it worth? The answer to this question is more complicated, since every case is different. If you believe myths about cases being worth "three times medical bills" or the like, you are likely to be way off base 95% of the...

• Do You Know Your Contract Terms?

  Geoff Trachtenberg | April 07, 2007 1:32 PM | 0 CommentsScottsdale, AZ

  A recent national poll revealed that as many as 34% of homeowners do not even know what type of mortgage they had on their home. So, perhaps not surprisingly, many employees and business owners are unaware of the terms governing their contracts.If you have a business dispute the first thing you need is get to know your written contract -- what's that, you don't have one? Well, then you...

• Arizona Considering Unconstitutional Changes to Compulsory Arbitration Procedure To Benefit Insurers

  Geoff Trachtenberg | April 06, 2007 2:26 PM | 0 CommentsScottsdale, AZ

  In the past I have written about the compulsory arbitration procedure in Arizona.Currently, there is a bill, SB1054, in the Arizona Legislature amending ARS 12-133, i.e., changing the mandatory arbitration procedure.While I could care less about the bulk of main charge of the amendment (i.e., to raise the permissible arbitration limits to $65,000 and modestly raise arbitrator pay), it also...