Baltimore Injury Lawyer Blog

A few months ago, I tried a case in Montgomery County Circuit court and got a great verdict. Shortly afterward, I received the defendant’s motion for a new trial. I read the motion, and discussed it with a few of the other lawyers in my office. None of us thought it was a strong motion, and we all believed it was likely to be denied. Until I got a hearing notice in the mail.

Well, I live in Baltimore County, near Towson. I have to be in the car by 7:30 if I hope to be in Rockville by 9 a.m., and I need to make alternative arrangements to get my daughter to daycare since they don’t open early enough to drop her off and still get to Rockville in time.

So the day of the hearing arrives, I make my arrangements, leave early, and drive the 1.5 hours to Rockville. Shortly before 9 a.m., I am sitting in the lobby outside the courtroom when our judge’s law clerk come out and lets me know that our judge was out sick, and the hearing would need to be rescheduled. Bummer, but O.K., everybody gets sick. I have had hearings rescheduled before because I got sick. It’s part of life. So we reschedule the hearing for the following Monday and I drive an hour back to my office.

The next Monday arrives. I do the same routine. Get coverage for daycare dropoff, get in the car early, drive 1.5 hours to Rockville. My hearing is set for 9:30 a.m.. I arrive at the courtroom a few minutes before 9 (I like being early, in case of traffic, etc.). Here comes the law clerk again. He tells me that our judge has two sentencings in criminal cases set for 9 a.m., so our hearing may start a few minutes late. O.K. I understand why these get taken first. You have the same prosecutor in both cases. You need prisoners transported from lockup. You need Sheriff’s deputies for security. I totally get why the judge wants to take these first and get them out of the way.

Continue reading "The Case for Videoconferencing?" »

I’m writing from a hotel in Wicomico County (on Maryland’s Eastern Shore), where I will begin a two-day jury trial tomorrow morning.

Here’s a great tip for staying organized during trials, especially the ones that keep you away from the office for several days. I always bring a set of portable office supplies. I keep them in a black nylon case that fits right inside my laptop bag. Inside I have:

•A travel-sized stapler

•A miniature three-hole punch for last-minute additions to my trial binder

•Small and medium Post-It notes for flagging transcripts and medical records, or labeling copies of exhibits.

•Paper clips

•Binder clips- one or two in each size

•A yellow highlighter

•A black Sharpie marker

•A red pen

•Extra pens- in my case blue Pilot P-500 Extra Fine point. I have messy handwriting, so the extra fine point helps it stay legible.

I leave the office supply case near where I keep my laptop bag at home, so all I have to do when I am getting organized for trial is open it up, check to make sure I don’t need to replenish anything, and throw it in the bag. Little details like these really help keep my trial presentation organized. I hate a messy, disorganized trial table- I find it very distracting. Having a set of portable office supplies helps me to keep everything in its place in my trial binder and my exhibit folders.

The jury sees everything, so having a clean trial table and a meticulously organized trial binder (and the supplies I need to keep them that way) helps create the right impression right from the start.

One of the odd things about writing a blog is that unless a post happens to generate comments, you don't really get a lot of feedback. That's why it is nice to get some occasional recognition like being included in the LexisNexis Top 25 Top 25 Law Blogs. It is very gratifying to see that people are reading and enjoying the blog nationwide!

But it's not over- voting is open for the #1 Tort Law Blog until December 10. Go over to this link, register and vote. Like just about every (good) trial lawyer I have ever met, I am incredibly competitive, so I want to win this competition! Go vote. Now!

This is all being done by the LexisNexis Litigation Resource Community. I am always in favor of any resource to help lawyers share and use cutting-edge information and trial techniques, and I am happy to be a part of what LexisNexis is doing here.

This blog has been nominated for inclusion in the Lexis-Nexis Litigation Community's Top 25 Tort Blogs for 2011!

It's certainly gratifying to see that the blog's reputation is continuing to grow nationwide. So if you like the blog, sign up and vote!

You can do that here.

This phase of the competition ends on November 17, so don't procrastinate.

I don't write much in this space about Supreme Court, since this blog is usually dedicated to topics of interest in personal injury litigation. Even though I have an appellate practice, I don't expect to find myself preparing an argument in the SCOTUS anytime soon. I imagine I will end my legal career in the 99.995% of all attorneys who never make it to the Supreme Court.

Even so, I usually pay at least cursory attention to the goings-on down on First Street, because I find it interesting as an appellate lawyer and because I try to be a well-informed citizen. So I am aware of Clarence Thomas' well-established reputation as the Court's silent man, and that people draw varying inferences from his silence. Some think that it is a sign of closed-mindedness, an unwillingness to be persuaded, or an ideological entrenchedness. Others see it as a sign of indifference. Still others see it as a mask for intellectual weakness (an inference I find ridiculous). Even though I think it is safe to say that Justice Thomas and I are at opposite ends of the ideological spectrum, I find him to be one of the most interesting justices.

Here is a great article from The Huffington Post about one of the few times Justice Thomas has engaged with counsel at argument. In 2002, he jumped in on the side of the State of Virginia in a case testing the constitutionality of a state law making cross-burning a criminal offense. As the Court's only African-American and a man who grew up in segregated Savannah, Georgia, he made the point that cross-burning isn't expression protected by the 1st Amendment, but instead a hateful act of terror and intimidation.

The Court, of course, struck down the statute. The article quotes Justice Thomas' dissent, stating: "Just as one cannot burn down someone's house to make a political point and then seek refuge in the First Amendment, those who hate cannot terrorize and intimidate to make their point."

Although I am sure it wasn't his intent, this illustrates neatly for me why a diversity of experience and viewpoint is a very good thing for the Court. Clearly Justice Thomas saw this issue in a different, more personal way than another person would. Just one more reminder that it's nearly always a bad idea to pigeonhole a justice, or anyone else.

Emergency Personnel Need to Know Who to Call

When it comes to being hurt in an accident, we all think that it will never happen to us. It's always the "other guy." Nobody wants to prepare for when the unthinkable happens.

But if you are seriously injured or incapacitated in an accident, you want to make sure that the authorities are able to quickly contact your loved ones. Nobody wants to sit alone in a hospital, or have a stranger making medical decisions because the authorities didn't know who to notify. Now the Maryland Motor Vehicle Administration allows you to add three emergency contacts to your personal information using your driver's license number.

Here is the MVA's website. You will want to find "Do It Now Online" on the right-hand side, and click "Emergency Contacts." Then continue to select "Emergency Contacts" in the next menu, and proceed from there. Hopefully you will never need it, but it only takes a few minutes to get a little more piece of mind.

Here is a link to an article in today’s Daily Record about the state’s Judicial Compensation Commission’s recommendation that Maryland’s judges should be given a raise. According to the article, the judiciary last received a raise in 2008. In 2009, the Commission recommended a $39,858 raise to be phased in over four years, but the plan was never put into law by the legislature.

All of Maryland’s judges are paid six-figure salaries. It’s an easy reaction to dismiss the Commission’s recommendation as an attempt by an already well-paid judiciary to get even more from the state’s coffers. This is particularly true when a recommendation like this is made in a time of public and private belt-tightening due to a down economy. Certainly, many will make that argument.

Good benefits, paid holidays, and strong retirement plans have historically been some of the draws of public employment as opposed to working in the private sector. The trade-off is generally making a lesser salary than would be earned in a comparable position in the private sector. As the article points out, most judges that came to the bench from a private legal practice took a pay cut to do so. But on the other hand, many judges come to the bench from other government positions or from private practice situations that may have been less lucrative than some others. Presumably, there are judges for whom taking the bench entails a pay raise.

This is issue is more complex than it initially appears, and I don’t have a clear answer. I can say that I have had the personal experience of working with many judges whom I believe provide value to the judicial system far in excess of their listed salaries. But I am not sure that Maryland’s economic (and political) climate has changed so much since 2009 that the proposed raise will be an easier sell to the General Assembly or the electorate.

At our firm, we believe very strongly in a team concept, and that is how we handle every case from start to finish. The idea is that none of us succeeds alone.

We want our team to be strong, upbeat, and energetic. So we have been conducting weekly team-building workouts. Every Thursday at 5 a.m., eight of us meet up at Club One Fitness for a boot-camp style workout led by our very own Ron Miller.

By the time we have finished and hit the office, we are alert, in a great mood, and ready to start the day. Even when the morning workout results in what you see in the photo to the right. Other law firms may claim that they put their blood, sweat & tears into the work they do, but do they have proof? I do. Except for the tears part. There's no crying in baseball (or litigation). And yes, after that happened, I finished the workout. I'm hardcore.

The Maryland Judiciary has announced the release of a feasibility study for a proposed new courthouse complex for Baltimore City.

The study was overseen by the Maryland Stadium Authority, and performed by Washington, D.C. architectural and design firm Aecom. The study began in 2009 and has taken two years to complete.

I took a few moments and skimmed through the study. It reveals what every lawyer practicing in Baltimore City has known for years- the existing courthouse complex is outdated, inefficient, dangerous and difficult to maintain, to the point where the administration of justice is often affected. No fooling. I think the entire Baltimore legal community has agreed about this for years.

Even though the project is estimated to cost $602 million, the report does not address the elephant in the room- how to get the $602 million. Just like everybody knows the new complex is desperately needed, everybody also knows that the City is broke and the state government is facing a down economy and a structural budget deficit. And now that the GOP and the Tea Party (regardless of your political views, clearly fiscal conservatives) are running Congress, I don't see federal funds falling out of the sky anytime soon. Particularly since Maryland and Baltimore City tend to vote solidly blue.

But if funds can be found to build the thing, the MSA and Aecom have some intriguing ideas about revenue generation. For example, the study contemplates Courthouse East including rental office space marketable to law firms. In total, the completed project is estimated to generate approximately $1.6 million annually in rental income.

Interestingly, one of the revenue options discussed is the concept of selling naming rights in a variety of different ways. I wonder if this is the fingerprint of the Maryland Stadium Authority, the folks who brought us Ravens Stadium at Camden Yards (1998), PSINet Stadium (1999-2002), Ravens Stadium (2002, after PSINet's bankruptcy), and M&T Bank Stadium (2003-present)? Thanks, Wikipedia! An interesting idea, but not one without controversy.

How awesome would it be to try a case in "Miller & Zois Courtroom No. 5?" Unfortunately, this is as unlikely as it is cool. Nonetheless, I hope the stakeholders can find a way to fund this badly needed project.

I like Baltimore juries, but I hate dust, mold, faulty air-conditioning, broken elevators (often shared with prisoners being transported), and contaminated drinking fountains.

A few weeks ago, I wrote about how to handle certain kinds of obstructive behavior from opposing counsel at depositions.

Here is a great blog post by Jay Shepherd over at Above The Law on dealing with opposing counsel who do not play well with others. See, there's at least one schadenfreude- free reason for us scummy, small-firm, personal injury types to read ATL!

According to Jay (and I think he's right), the key is not letting them get to you. Because getting to you is the only way they win. Lawyers like this are like children who throw tantrums. If the tantrum doesn't get a reaction, there is no reward for the tantrum-thrower. Consequently, the tantrums become fewer.

Does anybody else have suggestions or observations on how to handle opposing lawyers behaving badly? Let me know in the comments.

In my 13 years as a lawyer, I have tried hundreds of cases ranging from District Court small claims to million-dollar jury verdicts, and including appeals to Maryland's highest court.

I am well acquainted with the idea that suprise is a trial lawyer's constant companion. The only guarantee is that you never know what will happen. Even after all that experience, if the Chief Justice of the Supreme Court of the United States walked out unannounced to hear my argument, I think I might forget my toilet training.

So when that happened to this student in a law school mock argument, I am impressed that she was able to say anything at all. This will be a nice story for this student to tell in interviews to illustrate her ability to advocate effectively under pressure.

HT to How Appealing.

P.S.- Thankfully, it doesn't look like President Obama was surprised to see him.

Today, I will be testifying before the Maryland General Assembly's House Environmental Matters Committee in favor of HB125. This bill will require the MVA to establish regulations requiring self insureds to provide the name, address, self-insurance certificate number, and claims information for the self-insurer at the scene of accidents. A hearing before a committee is one of the first steps in a bill becoming a law. Remember the Schoolhouse Rocks? Even though this is a state bill instead of a federal one, check out "I'm Just a Bill" for a basic description of the process:

Most vehicles on the road are covered by standard insurance policies issued by insurance companies everyone has heard of. State Farm, Allstate, Nationwide, Progressive, etc. Maryland law currently requires drivers involved in an accident to give the other party his name, address, vehicle registration number and insurance information. This is usually enough for the party who was not at fault to make a claim and have the vehicle damage repaired and any injuries addressed. If there is a police report, this information is included.

Where the system breaks down is in the case of a self-insured entity. Maryland law permits motorists to be self-insured if they meet certain requirements. Often, these are private buses, fleet vehicles for large corporations, or taxicabs. When a driver or owner of a vehicle is self-insured, it can be difficult to obtain the information needed to make a claim. The police report will just say "Self" in the block for insurance. Even an MVA check leads back to the owner's address. Then you have to try and get the information on how to make a claim directly from the driver or owner. Often, they "forget" to respond to your letters or calls. A cynical man might argue that this is because they have no interest in you being able to make a claim, because as a self-insured, it is their money that gets paid out.

HB 125 is a good thing not only for lawyers handling car and truck accident cases, but for all consumers. It will let the average motorist who is in a fender-bender have the information they need to get the damage to their car fixed and paid for. For those of us in the legal field, it will let us make claims more quickly and easily, and hopefully make it more likely that claims will be resolved without filing a lawsuit. I have had cases where I have had to file a lawsuit simply because I was completely unable to find claims information. If it passes, HB 125 will streamline the process for everyone involved.

I am representing a client who has been deaf from birth. Unfortunately, he also suffers from a brain injury. The combination of the two makes communicating with him challenging under the best of circumstances.

Most of us are familiar with the process of using an American Sign Language (ASL) interpreter to communicate with deaf clients. However, I just became aware of another sort of interpreter that is invaluable for communicating with deaf clients who also have diminished or different communication skills. This is a Certified Deaf Interpreter, or CDI.

ASL interpeters are hearing individuals who translate the spoken word into sign language. However, they are not able to communicate with deaf people as effectively as another deaf person can. This is because every person signs differently, and because sign is often augmented by gestures and expressions. A CDI is another deaf person who is certified as an interpreter. They assist the deaf client in understanding and responding to the translation of the ASL interpeter. This is particularly helpful for people who have communication difficulties beyond deafness, like a diminished mental capacity.

Here's how it works. A question is spoken. The ASL interpeter translates the question into sign. The CDI signs the question again to the deaf client, and then takes the client's signed answer and communicates it in sign to the ASL interpreter. The ASL interpereter then translates the answer into speech for the hearing participants.

It sounds cumbersome, and it is. It certainly adds to the time required for a deposition, for example. But having done depositions like this both with and without a CDI, I can say that for the right client, it makes a huge difference in the ability to communicate effectively.

Attorneys should also know that these kinds of reasonable accomodations are required by the ADA. Not only that, but the cost of these services cannot be passed along to the client as a case expense. My experience is that the deaf are generally aware of their rights, so you should not be surpised when you receive these sorts of requests. Afterwards, you will be glad you complied. It really makes a material difference in the quality of the representation.

One of the biggest names in the "legal blog" field is Overlawyered.com, primarily written and edited by Walter Olson. The site's self-description states:

"Overlawyered.com explores an American legal system that too often turns litigation into a weapon against guilty and innocent alike, erodes individual responsibility, rewards sharp practice, enriches its participants at the public’s expense, and resists even modest efforts at reform and accountability."

I love the site, and read it nearly every day even though as a trial lawyer I am clearly on the other side of the debate. I often disagree with Mr. Olson, but over the years I have grown to respect the work he does. Like I said, I'm on the other team, but I think Overlawyered is usually intellectually honest. One of the main things we see on Overlawyered is sharp critiques of lawsuits seen as frivolous or unfair.

In fact, there is a piece up right now talking about SLAPP lawsuits, which are suits filed by corporate interests to silence public opposition. What's funny, is I just saw a piece about a lawsuit like this that would seem ideal for Overlawyered. Except it hasn't shown up there.

I am referring to this story. Koch Industries is described as a "petroleum/paper cup/carpet conglomerate." It looks like some activists set up their own website parodying Koch Industries' official website. The parody stated that Koch would cease funding conservative think tanks because of the positions they take on global warming. What did Koch do? It sued two Utah web hosting companies to find the names of the folks who put up the parody site, presumably so they can be sued as well. Koch describes the parody site as "a willful act of identity theft, theft of intellectual property and impersonation that extends beyond the boundaries of free speech."

How could Overlawyered miss a juicy story like this? Well, it could be that the story is just new enough (the suit was filed Monday) that it hasn't yet come to the site's attention, or that it was seen and not really considered noteworthy. Or it could be that David H. Koch, one of Koch Industries' co-founders, is a member of the Board of Directors of a conservative think tank called the Cato Institute. Overlawyered's Walter Olson is a Senior Fellow at the Cato Institute. Some might argue that the story's absence from Overlawyered is evidence that Mr. Olson has no interest in biting the hand that feeds him. I won't go that far, because I really don't know. But I do think it raises some interesting questions.

Yesterday I spent some time doing a little year-end trimming of my internet favorites list.

Like most people, I keep a fairly extensive favorites list of websites that I use (or think I will). Some sites turn out to be extremely valuable, and I use them all the time. others seem promising, but end up only being sporadically useful. I make cuts at the end of the year, taking sites that are rarely used off the list.

Here are some sites that made it onto my keeper list:

Maryland Board of Physicians: This is an excellent resource for checking the license history of treating physicians and potential experts on both sides. If a doctor you are relying on has a history of licensure issues, you need to know.

Maryland Judiciary: One of the best things about this site is that new appellate opinions are posted the day they are issued. Invaluable for staying abreast of developing areas of the law.

Maryland Judiciary Case Search: Free searching of electronic court records covering all of Maryland's district and circuit courts. I use this as a quick and dirty background check. I run literally every person who will potentially take the stand in every one of my cases. If a witness has convictions that may be admissible for impeachment under Md. Rule 5-609, it is almost malpractice to not know ahead of time. You'd be amazed at how often I find good stuff on here.

Mapquest: I use the directions feature to compute approximate travel times. This can be very useful in trucking cases, where it may matter how far a driver traveled, in what amount of time, and whether driving time and break regulations were followed.

Vinelink and the Federal Bureau of Prisons: Both of these sites can be useful for attempting service of process. You can use them to determine if an individual is an inmate in a state or federal correctional facility.

Service Members Civil Relief Act: This site allows you to determine whether an individual is serving on active duty in the armed forces. Very useful for service of process, or for execution of a "non-military affidavit" in cases involving a request for default.

Maryland SDAT and DC Registered Organization Search: Great for finding the Resident Agent of Corporate entities.

Federal Motor Carrier Safety Adminsitration Rules & Regulations: This is great for trucking accident cases. This site features an indexed, searchable database of all of the safety regulations that commercial drivers and motor carriers are required to follow (and often don't). An outstanding source of cross-examination material for drivers and corporate representatives.

Since I started this blog in June of 2008 its readership and visibility has grown steadily. I think one reason for this is that I provide content that is topical, informative and entertaining in my core practice areas of car and truck accident injury cases, appeals, and medical malpractice.

Equally (or perhaps more) importantly, I have had the perseverance to provide regular updates for two and a half years. And that is starting to pay off.

Check me out at Number 103 on Avvo's list of Top Legal Blogs. This listing is done by Alexa ranking. Alexa is a service that expresses an estimate of a web site's popularity through a number. The lower the number, the more popular the site. For example, Google.com's Alexa rank is 1. By way of comparison, the Baltimore Injury Lawyer Blog's current Alexa rank (that has me at 103 on Avvo's list) is 996,539.

I am amazed at how rapidly the blog has grown. For example, since the blog first appeared on Avvo's Top Legal Blogs list, we have skyrocketed from Number 135 to 103. So as long as you keep reading, I'll keep doing my best to provide top-quality content about injury litigation in the Baltimore area.

Next in my sights is the ABA Journal Blawg 100, which each year lists its top 100 legal blogs in 12 categories. Voting for this year goes to December 30. I'm not in the running this year, but you can start sending the editors nominations for the BIBL for next year!

I'm happy to announce that I have been named to the 2011 Maryland Super Lawyers Rising Stars list in two practice areas: Appellate and Personal Injury- General. Inclusion in the list is limited to less than 2.5% of the practicing attorneys in Maryland, and is determined by a fairly rigorous review process.

Most of our lawyers have been included on this list at various points since it began. So it is only natural that we have had discussions around the office about the value of this honor and what it means. Ron Miller blogged about this last year, when all of Miller & Zois' lawyers were named.

Does it mean the lawyers on the list are better than those who are not? No. Does it mean that if you are picking a lawyer to handle your case, you should always pick a lawyer from this list? No. There are a lot of different lawyers who excel at different kinds of cases. I personally know some outstanding lawyers who were not included. But are these kinds of lists and awards something that should be considered in picking a lawyer? Yes, along with many other factors, such as experience, trial experience and results, and substantive knowledge in particular practice areas.

At the end of the day, though, an honor like this is a good thing and I am happy to have received it. It is rewarding to have been found worthy by others in the legal community. Feel free to check it out below:

John B. Bratt

online at

visit superlawyers.com

If I only knew which one, since it's a per curiam opinion. Who says federal judges have no sense of humor? Thanks to my buddy Dave for passing this along:

A computer lets you make more mistakes faster than any invention in human history-- with the possible exceptions of handguns and tequila...

Vince v. Rock County, 604 F.3d 391 (7th Cir. 2010)(quoting U.S. v. Carelock, 459 F.3d 437 (2006)).

The Court of Appeals of Maryland has recently enacted a state-wide rule on the use and posession of cell phones and other electronic devices in courthouses.

Previously, posession and use of electronic devices was governed on a county-by-county basis and each court had its own rule. Some courts allowed everyone to have mobile devices, some restricted mobile devices to lawyers only, and some prohibited mobile devices entirely.

For lawyers with statewide practices (like me), this could be pretty confusing in terms of keeping track of whether I could have and use my own mobile device, and in terms of advising my clients about what they would be permitted to take into the courthouse. Sure there were signs, but they didn't help much when you saw the sign on your way into the courthouse for a pre-trial conference and found out you would need to schedule a trial date without the calendar you stored electronically on your Blackberry. Yes, I am talking about you, Howard County.

Now the Court has adopted new Maryland Rule 16-110. Cell phones and other electronic devices may be taken into and used in all Maryland District and Circuit Courts. Of course, there are some restrictions. The devices are subject to inspection by security personnel, and may not be used to record or photograph court proceedings or in any other way that interferes with the work of the court. The rule also allows for modification by judges in cases where there are specific privacy or security concerns.

Notably, the Rule specifically allows lawyers to "make reasonable and lawful use of an electronic device in connection with the proceeding." I take this to mean that for example, in a scheduling conference, an electronic device would be allowed to be used for calendaring, or to call the office to check calendar dates to schedule a trial.

I'm glad that the Court of Appeals has finally put into place a common-sense, statewide rule on this. Now if they'd only come up with a statewide rule on photo ID security passes for lawyers.....

Maryland has an increasingly diverse population. This means that our court system needs to keep pace with the needs of our residents. By law, this includes providing interpreter services to those who are not able to communicate effectively in English.

Here is an article from the Baltimore Sun about how courts in Baltimore City and Baltimore County are addressing this issue.

Because my personal injury practice is statewide, I have noticed that some courts deal with the issue of providing interpreters more effectively than others. I have found Montgomery County to be most effective and best able to provide interpreters in many languages on short notice. I think this is because Montgomery County has long been one of the most ethnically diverse counties in the state, so they have developed subtantial experience serving a variety of non-English speaking populations. There are generally Spanish interpreters available on a few minutes notice, and it there is an established procedure for quickly and simply requesting interpreters in most languages, who actually show up when they are supposed to be there.

It seems like the counties where this tends to be an issue are those where the populace has traditionally not included many non-English speakers. Baltimore City has been experiencing a tremendous rise in Spanish-speaking residents over the last decade, which has spilled into Baltimore County. So as the population in these jurisdictions changes, I expect their courts to become increasingly more efficient in providing interpreters.