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Anatomy of a Personal Injury Lawsuit

Fourth Edition

Edited by John F. Romano

Hardcover: 976 Pages
Vol I: 486 Pages, Vol II: 490 Pages; 4th Edition (2015)

ISBN: 978-194100726-6

AAJ


Product Description

The fourth edition of Anatomy of a Personal Injury Lawsuit, a two-volume set, is a comprehensive and up-to-date resource for practicing plaintiffs’ attorneys and their staffs. Written by over sixty contributing experts on trial law and personal injury medicine, this new edition is stuffed with detailed advice, practice tips, arguments, charts, illustrations, and examples that you won’t find collected together anywhere else.

This new edition provides a step-by-step guide through the process of a personal injury claim, from the initial client interview to closing statements, including:

  • Detailed discussions of how to negotiate for better outcomes during settlement and navigate through alternatives to litigation.
  • Ways to present and make effective damages arguments for a variety of different kinds of cases (from punitive and wage-loss to noneconomic and medical related damages).
  • The importance of understanding vital details such as how insurance companies are likely to view your clients’ claims.
  • How to fight secrecy orders and deal with corporate defendants in discovery.
  • In-depth explorations into common medical issues in personal injury cases, from basic anatomy and medical examination to epidemiology.
  • An instructive overview on the benefits and methodology of using focus groups and mock trials to inform your strategies in settlement and trial.
  • Essential elements of trial including everything from jury selection to closing statements.

Whether you’re settling your cases or following through to verdict, this is the must-have field manual to personal injury cases for every plaintiff’s attorney in America.

Table of Contents Volume I (486 pages)

  1. Foreword
  2. Gerry Spence
  3. Introduction
  4. John F. Romano
  5. The book starts with a history of its editions, when it was first published, who worked on previous iterations, and acknowledgements of the people who made this one happen.
  6. Initial Client Interview
  7. Karen Roberts
  8. Roberts outlines best practices for your first interview with a new client. A good client relationship means defining your expectations, finding out who the offstage decision-makers are, establishing boundaries, and helping the client to understand their contract. This chapter also includes ways to avoid a bad client relationship and red flags to look for in a new client that may signal trouble down the road.
  9. The Segmentation of Injury Claims
  10. Aaron DeShaw
  11. This chapter instructs on how insurance companies classify and handle various types of auto claims, and it provides a quick overview of how to think like an insurance company so that you can get the best value for your client on a personal injury claim whether you settle or go to trial.
  12. Mass Torts: The Bird’s-Eye View
  13. Brenda S. Fulmer
  14. A short overview to understanding mass torts and multi-district litigation (MDL) if your case is potentially part of a larger group being litigated together. This contains many references to case law and other materials to point readers in the right direction.
  15. Investigating the Case
  16. Morgan Adams and Joseph Fried
  17. Investigating the case thoroughly means asking a lot of questions. What happened? When did it happen? Who saw it happen? The checklists and question lists in this chapter will help you think through all aspects of investigation, including the client’s story, your jury instructions, and the use of focus groups.
  18. The Analysis of Liability in Personal Injury and Wrongful Death Cases
  19. Stuart R. Fraenkel, Gretchen M. Nelson, and Dustin B. Herman
  20. Analyzing liability is a complex problem involving your case’s facts and the law. Who or what caused your client’s injuries? Who or what failed to do something that could have prevented them? Any case’s viability depends on the nuances between facts and law, and this detailed chapter gives you an overview of liability analysis.
  21. Incident Reconstruction in Personal Injury, Motor Vehicle, and Trucking Cases
  22. Tom D’Amore and Joseph Fried
  23. This chapter is a basic overview of incident reconstruction. It includes a little bit of math and a lot of information about how to work with an incident reconstructionist on your trial team. What information can you expect, and how do you turn that information into a case that comes alive for the jury?
  24. Basic Medicine and Anatomy for the Personal Injury Lawyer
  25. Peter M. Schosheim, MD, FACS and Robert Sheperd, MS, CMI, FAMI
  26. Understanding basic anatomy is vital when you’re trying to understand your client’s injuries. Dr. Peter Schosheim and medical illustrator Robert Shepherd take you through common injuries in car crashes so that you can better understand your client’s medical records.
  27. Medical Examination and Testing in Auto Cases: Common Practice and Myths
  28. Arthur C. Croft, PhD, DC, MSc, MPH
  29. How was your client diagnosed with their injuries, and what methods of examination or testing did your client’s doctors use? What did the tests show? This detailed chapter gives you a tour through common methods of diagnosis and testing.
  30. Epidemiology
  31. John M. Restaino, Jr., DPM, JD, MPH
  32. Epidemiology is the science of studying disease or medical issues in large numbers of people. Mass tort and multidistrict litigation (MDL) cases often depend on the field epidemiology to show that a procedure, device, medical device, or treatment was unsafe. If you work on one of these cases, having a basic understanding of the science of epidemiology will help you read and use scientific literature more accurately.
  33. Damages: Wage Loss Related Damages
  34. P. J. Scheiner
  35. What does your client’s loss of income mean to her daily life? What does her past and future loss of income mean? And how do you convey those losses to a jury? This chapter gives an in-depth analysis of these issues, including many references to relevant case law.
  36. Damages: Medical, Hospital, and Related Expenses
  37. Mary Alice McLarty
  38. If your client has damages related to medical or hospital expenses, use this chapter to learn how to thoroughly understand those damages and convey them to a jury. How do you plan for and accurately communicate these damages?
  39. Damages: Noneconomic Damages
  40. Michael Maggiano, Judith Livingston, Robert L. Habush, and John F. Romano
  41. Noneconomic damages are one of the most difficult types of damages to convey in the courtroom or in a settlement conference. What are the aspects of your client’s life that have changed irrevocably, and how do you describe them? This detailed chapter takes you through all kinds of noneconomic losses, visible (like scarring or disfigurement) or invisible (pain and anxiety), and what they mean for your clients’ lives.
  42. Damages: Punitive Damages
  43. Michael S. Burg and Peter W. Burg
  44. Punitive damages law changes across various states, and this detailed chapter gives you ideas of how to handle punitive damages differently in different states.
  45. Settlement
  46. Joseph L. Vaccaro
  47. There comes a time in every case when you have to decide to settle or go to trial. What should go into that decision, and how do you make it in a way that will do the most good for your client? How do you work with insurance adjustors, other attorneys, and your client to make sure you get what your client needs? This chapter guides you through the decisions that you need to make about settlement.
  48. Structured Settlements
  49. Mary E. Alexander
  50. How can you help your client if they win a verdict in court with a large settlement? For some clients and some situations, setting up a structured settlement means that your client has a lifetime of steady, predictable income. A structured settlement, however, is a complicated financial instrument with a lot of decisions that have long-term ramifications for your client’s care.
  51. Lien Resolution and Medicare Set-Asides
  52. Matt Garretson
  53. If your client wins a verdict or settlement, how does this affect their future or current ability to collect Medicare or Medicaid? This chapter guides you through the applicable laws and math to begin answering these questions.
  54. General Discovery: Thirteen Rules for Effective Discovery
  55. Paul Scoptur and Phillip Miller
  56. The authors of Advanced Depositions Strategy and Practice bring you a chapter on deposition techniques you can use in a variety of cases to help you learn more about what happened, when it happened, and who knows which facts in your case.
  57. Accelerated Discovery: Cutting Through Obstructions
  58. Mark R. Kosieradzki
  59. When one or more of the defendants in your case is a corporation, you’ll have to depose a 30(b)(6) witness—a designated corporate representative. This chapter teaches you about working with this kind of witness and the applicable law surrounding these depositions.
  60. E-Discovery and the Trial Lawyer
  61. Troy A. Rafferty, William F. Cash III, and Virginia M. Buchanan
  62. Electronic data is a crucial part of most cases today, but in a technological climate that is always shifting, using it can be overwhelming. This chapter offers a timely and approachable overview of electronically stored information and what you must know to find, preserve, analyze, and use it in your case.
  63. Index

Table of Contents Volume II (490 pages)

  1. Fighting Secrecy: Strategies from Discovery Through Settlement
  2. Lori E. Andrus, Leslie A. Bailey, and Patrick A. Malone
  3. Blanket protective orders in complex cases are routine, and too often, a defendant’s demands for secrecy are detrimental to your client’s case. This chapter will help you to navigate the lengthy and less-than-glamorous world of negotiating court secrecy at every stage of the trial.
  4. Alternatives to Litigation: Mediation
  5. James B. Chaplin
  6. Even though all of your clients ultimately want the same thing—a speedy and satisfying conclusion to their case—a seasoned trial lawyer knows that each case requires a different type of finesse to reach that conclusion effectively. One alternative to standard litigation is mediation, and here, you can learn about the history of mediation, when to utilize it, and how you can use it to your clients’ greatest advantage.
  7. Alternatives to Litigation: Arbitration
  8. Billie-Marie Morrison
  9. When your client needs a more flexible, casual, and inexpensive alternative to standard dispute resolution, the arbitration process can provide that. But what does that mean for you? How do you pursue arbitration, and more importantly, how do you pursue arbitration in a way that will yield satisfying results for your client?
  10. Case Themes, Case Theories, and Case Images
  11. James Bartimus, Lance M. Sears, and Anthony L. DeWitt
  12. Many trial attorneys will throw around the terms case theme and case theory, but this chapter lays down a solid definition around which you can begin to form a case. It demonstrates the value of developing strong themes, theories, and images to shape your case from the start even as it explores the importance of adaptability when combating the defendant’s themes and theories in turn.
  13. Mock Trials and Focus Groups
  14. Robert B. Hirschhorn, Lisa Blue, and Jennifer Lapinski
  15. No matter how knowledgeable or experienced a lawyer may be, every trial is different, and every new jury presents a host of unpredictable new quirks and challenges. Jury research, however, can help to mitigate that unpredictability, and this chapter explores the most effective ways to do so, from the best way to conduct jury research to the best way to analyze your data.
  16. Computers and Personal Injury Litigation
  17. William M. Cunningham, Dorothy Perry, and Clay Rossi
  18. Using the right tools to research and deliver your case might be the difference between success and failure for your client, and increasingly, the right tools are electronic. New computer programs and technologies could make your life as a trial lawyer easier than ever before. But which tools should you use, how do your transition to those tools, and how do you use those tools to your greatest advantage once you have them? This chapter presents an accessible overview of timely technologies for lawyers of any technological proficiency.
  19. Jury Instructions and Questions
  20. William A. Barton
  21. When it comes to competently developing and framing a case, sometimes the best thing a trial lawyer can do is begin at the end. Jury instructions are crucial to a jury’s understanding of a case, and this chapter explains all the ways that careful consideration of jury instructions at a case’s outset can shift the outcome in your client’s favor.
  22. Credibility in the Courtroom
  23. Kent Spence
  24. All lawyers understand the importance of appearing credible to the jury, but how does an attorney reach any sort of understanding with them in the environment and circumstances surrounding a trial? Here, you will learn that fostering the mutual respect with the jury that is necessary to successfully navigate an emotionally charged trial begins and ends with your own sense of self.
  25. Voir Dire Examination and Jury Selection: Liability
  26. Richard A. Jenson and David A. Wenner
  27. Many lawyers today lack confidence in their ability to skillfully carry out voir dire despite the fact that it is a critical part of any trial attorney’s case. This chapter will help prepare lawyers to select the best possible jury for their case and their client.
  28. Voir Dire Examination and Jury Selection: Damages
  29. Richard A. Jenson and David A. Wenner
  30. Expounding on many of the themes laid out in the previous chapter, this section details the most effective way to approach the delicate topic of damages with a jury that may, in today’s political climate, be poised to turn against the plaintiff.
  31. Opening Statement
  32. Randi McGinn and Peter Perlman
  33. The opening statement is critical to a jury’s ruling given that it will ultimately shape the way they interpret the entire case. In this chapter, learn how to introduce the story and elements of your case in a way that is persuasive, faithful to your evidence, and approachable for your audience.
  34. Planning, Designing, and Handling the Plaintiff’s Case-In-Chief
  35. Timothy J. Becker, Marc D. Grossman, and Jacob Rusch
  36. Once you’ve got your jury and you’ve presented your opening statement, how do you ensure that all the hard work you’ve put into developing your case comes through in your presentation? This chapter provides a comprehensive overview of the best practices when it comes to preparing for and conducting yourself during a case-in-chief.
  37. Direct Examination
  38. Julie Braman Kane
  39. Though it’s important that your direct examinations appear effortless and that they all blend seamlessly into one another to form your complete story, attaining that appearance is anything but easy. This chapter will help you to plan and execute your testimonies to most effectively and most efficiently utilize the credible voices of your witnesses.
  40. Using Expert Witnesses
  41. Daniel S. Robinson
  42. Expert witnesses can be crucial to the credibility of your case, but what is the best way to utilize their testimony in court? In this chapter, learn how and when to use experts, how to find experts, and how to handle opposing expert testimony.
  43. Demonstrative Evidence
  44. Frank L. Branson
  45. Visual aids are essential to maintaining the attention of a modern audience; so demonstrative evidence in a trial can be indispensable when it comes to getting your story through to the jury. This chapter explores the different types of demonstrative aids and how you can achieve the greatest impact with each variety.
  46. Cross-Ups in Cross-Examination: the Art, the Science, the Methodology
  47. John F. Romano
  48. Voir dire is only the first step toward a fruitful connection and positive rapport with the jury. In this chapter, you will learn that a measured correspondence with the jury coupled with proper planning and preparation to this end during cross-examination can provide a powerful tool for an attorney of any skill or experience level.
  49. Summation in Personal Injury and Wrongful Death
  50. Jeffery J. Kroll
  51. Wrapping up a well-argued case can be the most satisfying part of a trial lawyer’s job if the summation is properly executed. But how do you speak and present yourself? What kind of language is most effective? How do you confront a delicate topic like damages? And, most importantly, how do you conclude in a way that is succinctly satisfying, memorable, and persuasive for the jury?
  52. The Magic of Advocacy
  53. Mark Lanier and Tom Vesper
  54. It’s no secret that good storytelling is at the core of every successful case argument. This chapter outlines not only the process of creating that story from beginning to end—with special consideration for the audience, the casting, and the staging of a story—but also what it takes to rehearse, sequence, and deliver that story as powerfully as possible.
  55. Conclusion: The Trial Lawyer’s Creed
  56. This chapter wraps up the book by taking a look at a creed that all trial lawyers should strive to uphold. The creed advocates a strong moral compass and a vigilance and preparedness in all aspects of life.
  57. Index

Look Inside the Book

Chapter 1

Chapter 14

Chapter 23

Chapter 30

Chapter 37

Morgan Adams

Morgan Adams

Morgan Adams (Lt. Col., USMCR, Ret.) is a past chair of the American Association for Justice’s Trucking Litigation Group (TLG) and the first and only recipient of the TLG Lifetime Achievement Award. In addition to personally handling all types of truck and bus cases, Mr. Adams regularly works as a litigation consultant for lawyers, helping them achieve record recoveries in multiple jurisdictions in commercial motor vehicle (CMV) cases. He has repeatedly been selected as a Mid-South Super Lawyer; is a member of the Belli Society, Taos Group, and Multi-Million Dollar Advocates Forum; and is AV rated by Martindale-Hubbell.

Mary E. Alexander

Mary E. Alexander

Mary E. Alexander, MPH, JD, was one of the leaders of Trial Lawyers Care, the largest pro bono legal services program ever undertaken, with over 1,500 families represented. She was inducted into the Trial Lawyer Hall of Fame of the California State Bar Litigation Section in 2012 and has been repeatedly named one of the Top 10 Trial Attorneys in the Bay Area by the San Francisco Chronicle. The California Daily Journal named her one of the Top 100 Most Influential Lawyers in California as well as one of the Top 50 Women Litigators. Ms. Alexander is a past president of the American Association for Justice.

Lori E. Andrus

Lori E. Andrus

Lori E. Andrus has a wide-ranging plaintiffs’ practice, including catastrophic personal injury, pharmaceutical, medical device mass torts, employment discrimination, wage and hour, consumer fraud and product defect class actions. Ms. Andrus graduated with honors from Duke University School of Law and is AV rated by Martindale-Hubbell. In 2007, Ms. Andrus founded her womenowned law firm, Andrus Anderson LLP. Ms. Andrus is a member of the American Association for Justice.

Leslie A. Bailey

Leslie A. Bailey

Leslie Bailey is a staff attorney at Public Justice, where she heads a special litigation and advocacy project dedicated to fighting court secrecy. She has testified before subcommittees of the U.S. Senate and House on the dangers of sealing court records. Ms. Bailey also represents consumers in cutting-edge appeals. She recently argued and won FIA Card Services v. Weaver, in which the Louisiana Supreme Court held that a debt collector cannot enforce an arbitration award without proving the alleged debtor agreed to arbitrate. Ms. Bailey received her J.D. cum laude from the New York University School of Law.

James Bartimus

James Bartimus

James Bartimus has over thirty-five years of trial experience representing plaintiffs nationwide. He is listed in the Best Lawyers in America and Super Lawyers for both Kansas and Missouri, and he was voted best medical negligence lawyer in Missouri. Mr. Bartimus currently serves on the Executive Committee as vice president of the International Society of Barristers. He has been president of the Civil Justice Foundation, the Missouri Association of Trial Attorneys, the Kansas City Metropolitan Bar Association, the Missouri Institute for Justice, the regional chapter of the American Board of Trial Advocates, and the University Missouri–Kansas City Law Foundation. Mr. Bartimus has taught at the University of Missouri School of Law and School of Nursing. He has lectured nationwide, in Europe, and in Australia.

William A. Barton

William A. Barton

Bill Barton has been practicing law for thirty-five years and has tried over five hundred jury trials. A noted lecturer in thirty-five states and four countries, Barton has obtained numerous large verdicts in medical malpractice, child abuse, and product liability cases. He has been listed in three categories in The Best Lawyers in America. He now handles large and complex cases, often involving issues of significant public interest. He is the first lawyer to successfully, file, serve, and state a legal cause of action against the Vatican for sexual abuse of a minor in John V. Doe v. Holy See, et. al.

Timothy J. Becker

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Timothy J. Becker concentrates his practice in defective drugs, medical devices, and products litigation. He served on the science team in In re: Zicam Cold Remedy Marketing Sales Practice Litigation and on the law and briefing committee in In re: DePuy Orthopedics, Inc., ASR Hip Implant Products Liability Litigation. He has served as co-lead counsel in several other MDLs, including In re: Zimmer NexGen Knee Products Liability Litigation. He serves on AAJ’s Litigation Group Leaders Council, and has been named to Minnesota’s Super Lawyers. He is also cochair of AAJ’s Propecia/Proscar and Zimmer Knee Litigation Groups.

Lisa Blue

Lisa Blue

Lisa Blue, JD, PhD, is a practicing trial lawyer, psychologist, and the 2014-2015 president of the American Association for Justice. From 1980 to 1986, Blue worked as an assistant DA, prosecuting over 125 cases to verdict. In 1986, she went to work with her husband, the late Fred Baron, working at one of the largest environmental firms in the country. Over the course of her career, Lisa Blue has earned over $350 million in winning verdicts, and has been named one of the “Top 100 Most Influential Lawyers in America” by The National Law Journal.

Frank L. Branson

Frank L. Branson

Frank Branson was awarded the Texas Verdicts Hall of Fame inaugural 2013 Lifetime Achievement Award and was recognized by the National Law Journal as one of Fifty Elite Trial Lawyers in the nation in 2014. He has been listed in Best Lawyers in America since 1987. Three of his recent trials involved: an automobile design defect against Mitsubishi; a truck accident in which an eighty-three-year-old lost her seventy six-year-old husband; and commercial litigation involving a professor at Southwestern Medical School. In those cases, the pre-trial offers totaled approximately $1.3 million, and the total jury verdicts were over $38 million.

Virginia M. Buchanan

Virginia M. Buchanan

Virginia M. Buchanan specializes in medical negligence and wrongful death litigation. She is a frequent lecturer and author, and her damage presentations have won a number of awards. She has chaired and served on many legal committees and boards and is an AV-rated lawyer by Martindale-Hubbell. Ms. Buchanan is a member of the American Association for Justice.

Michael S. Burg

Michael S. Burg

Since being admitted to the bar in 1976, Mr. Burg has obtained countless high-profile wins, twelve multimillion-dollar verdicts, and was appointed as co-lead counsel to the Yaz/Yasmin and Ortho Evra multidistrict litigations. Mr. Burg has earned a variety of coveted accolades, including receiving the Clarence Darrow Award in 2013. He was also named among the United States’ forty-five leading trial lawyers by The Legal 500 in 2012, 2013, and 2014. He was named Lawyer of the Decade for 2000-2010 by Law Week Colorado and was designated the 2013 Lawyer of the Year in Mass Torts by Best Lawyers in America.

Peter W. Burg

Peter W. Burg

Peter W. Burg has developed a national reputation as a trial lawyer handling cases involving product liability, personal injury, and mass tort litigation. The Legal 500 has recognized Mr. Burg as a “particularly strong and intelligent leader” who shows “the ability to try cases when necessary and to settle cases for top value when settlement is clearly in the client’s best interest.” Mr. Burg is recognized annually as a Colorado Super Lawyer and one of the Best Lawyers in America. He is a member of the American Association for Justice.

William F. Cash III

William F. Cash III

William F. Cash III concentrates his practice in complex civil matters, primarily in product liability cases involving thousands of parties. He engages in the full range of litigation, including discovery, motions practice, trial, appeals, and Supreme Court practice. His professional background includes software architecture and development.

James B. Chaplin

James B. Chaplin

After eighteen years practicing as an attorney in litigation and commercial practice, James B. Chaplin founded Mediation, Inc. in 1986. One of the leading firms in the nation to exclusively offer mediation services to the courts and attorneys, Mediation, Inc. is a provider of court mediation throughout the eastern U.S. Mr. Chaplin has personally conducted more than 10,000 of the 60,000-plus mediation conferences handled by Mediation, Inc. The cases range in value up to several hundred million. He has handled class action cases in the securities fraud area, among others and has extensive experience with complex commercial cases.

Arthur C. Croft

Arthur C. Croft

Dr. Arthur Croft is a doctor of chiropractic, is board certified in orthopaedics (American Board of Chiropractic Orthopaedists), and is certified in traffic accident reconstruction (Northwestern University’s Traffic Institute). Dr. Croft is a grant proposal reviewer at the National Institute of Health (NIH), and has worked on several research projects at the RAND Corporation. Dr. Croft serves in an editorial and/or manuscript reviewer capacity for the Society of Automotive Engineers (SAE). He lectures extensively in the United States and abroad and teaches an award-winning four-module program on traumatic injuries caused by auto accidents.

William M. Cunningham

William M. Cunningham

William (Billy) M. Cunningham, Esq., is a partner in the law firm of Burns, Cunningham & Mackey, P.C., (BCM). He is an AV-rated lawyer by Martindale Hubbell; is board certified as a civil trial advocate by the National Board of Trial Advocacy; and has been listed in Best Lawyers in America, Super Lawyers, and The National Trial Lawyers Top 100 Trial Lawyers. The Best Lawyers in America has designated BCM as a premier law firm, and U.S. News & World Report ranks BCM among America’s best law firms (tier one) in Mobile, Alabama, for its commercial litigation, construction litigation, eminent domain/condemnation litigation, and personal injury litigation practices.

Tom D’Amore

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Tom D’Amore has been in practice for more than twenty years—and is a former certified public accountant. Mr. D’Amore is listed in Best Lawyers, ranked in the Top 50 Oregon Lawyers by Oregon Super Lawyers, and has earned an AV Preeminent rating for legal ethics and ability from Martindale-Hubbell. Mr. D’Amore is a past president of the Oregon Trial Lawyers Association (OTLA), and is a Washington State Association for Justice (WSAJ) EAGLE member. Mr. D’Amore will be co-editor of the 2015 edition of Litigating Major Automobile Injury and Death Cases.

Aaron DeShaw

Aaron DeShaw

Dr. Aaron DeShaw, Esq. has individually, and in cooperation with other law firms, obtained settlements and verdicts for his clients in excess of $1 billion. He is the leading author in the U.S. on the subject of Colossus, the computer assessment program used by most auto insurance companies for evaluating personal injury claims. Aaron holds a Doctorate of Chiropractic from Western States Chiropractic College and a Juris Doctorate from Willamette University College of Law. Aaron has been elected by his peers to Super Lawyers in multiple years. DeShaw is a board member of the Brain Injury Alliance of Oregon.

Anthony L. DeWitt

Anthony L. DeWitt

Anthony L. DeWitt is a trial and appellate attorney with extensive experience as both an attorney and a medical professional. Mr. DeWitt served as a combat medic in the army and went to respiratory therapy school after leaving the army. He practiced thirteen years as a therapist and hospital department head before attending law school. He has been the keynote speaker for the American Association of Respiratory Care and has authored two books on health care law for practicing professionals. Mr. DeWitt is a frequent speaker for the Missouri Bar on office automation, tort law, and ethical issues related to technology.

Stuart R. Fraenkel

Stuart R. Fraenkel

Stuart R. Fraenkel has a broad range of experience in civil litigation throughout the United States (including Alaska and Hawaii), Asia, Canada, Central America, Europe, Mexico, the Middle East, and South America. Mr. Fraenkel is well versed in national and international conflicts and choice of law issues. He is AV Preeminent Rated by Martindale-Hubbell and has been honored as a Southern California Super Lawyer since 2007, as a Best Lawyers in America, and as a National Trial Lawyers’ Top 100 Trial Lawyers in California.

Joseph Fried

Joseph Fried

Joe Fried is a former police officer and an expert in the safety rules, regulations, and industry standards governing trucking companies and truck drivers. Mr. Fried is on the faculty of the famed Trial Lawyer’s College and the National Board of the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA). Mr. Fried is also an officer in the AAJ’s Trucking Litigation Group (TLG) and is a founding member of the Truck Accident Attorneys Roundtable. Mr. Fried has been honored repeatedly as a Super Lawyer, Top 100 Trial Lawyer, Lawyer of Distinction, and one of the Best Lawyers in America.

Brenda S. Fulmer

Brenda S. Fulmer

Brenda S. Fulmer is a shareholder with the law firm of Searcy Denney Scarola Barnhart & Shipley, one of the largest personal injury law firms in Florida. For the past nineteen years, her practice has focused on the areas of plaintiffs’ pharmaceutical and medical device mass tort litigation. Ms. Fulmer received her juris doctor degree cum laude from Stetson College of Law. She serves on the Board of Governors for the American Association for Justice and the Florida Justice Association (FJA) and is a frequent lecturer and lobbyist on mass tort–related issues.

Matt Garretson

Matt Garretson

Matt Garretson is the founding partner of the Garretson Resolution Group, which provides mass tort/class action settlement allocation and fund administration services as well as lien resolution, Medicare Set-Aside determinations, and probate administration for individual and mass tort cases. Mr. Garretson received his BA from Yale University and JD from Northern Kentucky’s Salmon P. Chase College of Law. He is also the author of a legal textbook entitled Negotiating and Settling Tort Cases. Additionally, Mr. Garretson serves as the special master and administrator of settlement funds in many product liability, civil rights, and church-related sexual abuse matters.

Marc D. Grossman

Marc D. Grossman

Marc D. Grossman is the managing partner at Sanders Phillips Grossman, LLC. Collectively, Mr. Grossman and members of his firm participate in some of the most important litigation steering committees, including Avandia, Transvaginal Mesh, Mirena, Granuflo, Chantix, and Fosamax. Mr. Grossman and his firm secured numerous multimillion-dollar verdicts. He is a Super Lawyer Trial Attorney member and has also been selected by the National Trial Lawyers Association as one of the Top 100 Trial Lawyers in the nation.

Robert L. Habush

Robert L. Habush

Robert L. Habush is the chairman of the board of Habush Habush & Rottier S.C. Mr. Habush is a fellow of the International Academy of Trial Lawyers, the International Society of Barristers, and the American Board of Professional Liability Attorneys. He is a member of the Inner Circle of Advocates. He is a diplomat of the American Board of Trial Advocates and was the first president of the Wisconsin Chapter. He is certified as a Civil Trial Advocate by the National Board of Trial Advocacy and is listed in the Best Lawyers in America. He is a past president of the AAJ.

Dustin B. Herman

Dustin B. Herman

Dustin B. Herman is an attorney with The Spangenberg Law Firm. He is a member of The National Trial Lawyers’ Top 100 Trial Lawyers, the American Association for Justice, and the Palm Beach County Justice Association and is on the Board of Directors for the Young Lawyers Section of the Florida Justice Association. Mr. Herman has published articles and spoken nationally on various legal topics, and in December 2013, he was named as one of south Florida’s Most Effective Lawyers by the Daily Business Review.

Robert Hirschhorn

Robert Hirschhorn

Robert Hirschhorn is lawyer and a jury and trial consultant. Robert has devoted his professional life to helping lawyers communicate more effectively in and out of the courtroom. Most of his work is in the civil arena, assisting both plaintiffs and defendants. Robert is a much sought-after speaker and a prolific writer. Robert has coauthored books with three giants in the field of jury and trial consulting. He wrote his first book with Cathy Bennett, his second book with JoEllen Dimitrius, and his last book before The Little Blue Books series with the coauthor of The Little Blue Books, Lisa Blue.

Richard A. Jenson

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For over a third of a century, Richard A. Jenson has been working with attorneys to assist them with case presentation, jury selection, theming, story construction, and witness preparation. Mr. Jenson has also worked with his clients to communicate concerns to the public about consumer safety. He has worked to get the cases and concerns on hundreds of television, radio, and newspaper stories. Mr. Jenson’s work has resulted in his clients and their cases appearing on such programs as Dateline, Primetime, Good Morning America, CNN Presents, and many networks’ evening news.

Julie Braman Kane

Julie Braman Kane

Julie Braman Kane is an AV-rated injury lawyer who practices in products liability, personal injury, and medical malpractice, as well as commercial litigation and class actions. She is vice president of the American Association for Justice and previously chaired the AAJ’s Products Liability Section and Women’s Caucus. She is the founder and chair of the Voter Protection Action Committee and has won numerous awards, including the AAJ Howard Twiggs Award for professionalism and the Marie Lambert Award for exemplary leadership.

Mark R. Kosieradzki

Mark R. Kosieradzki

Mark R. Kosieradzki is a board-certified civil trial advocate by the National Board of Trial Advocacy and the Minnesota State Bar Association. He is recognized in Best Lawyers in America in addition to recently receiving his twenty-first Super Lawyer award. Mr. Kosieradzki is a past president of the Minnesota Association for Justice (MNAJ, formerly known as the Minnesota Trial Lawyers Association) and the Minnesota Chapter of the American Board of Trial Advocates (ABOTA). He was on the Board of Governors for the American Association for Justice and is a member of the Million Dollar Advocates Forum.

Jeffrey J. Kroll

Jeffrey J. Kroll

During his career, Jeffrey J. Kroll has obtained verdicts or negotiated settlements on over 30 occasions where the results have exceeded $1 million including four cases that exceeded $10 million. Mr. Kroll has been selected by his peers for inclusion in The Best Lawyers in America (2011-2015) in the field of personal injury. He is AV Peer Reviewed Rated through Martindale-Hubbell and has been selected by his peers as one of the “Leading Attorneys in Illinois.” Additionally, Mr. Kroll has been named one of the Top 100 Trial Lawyers in Illinois by the American Trial Lawyers Association for seven consecutive years

Mark Lanier

Mark Lanier

Mr. Lanier’s courtroom experience is significant as well as diverse. He has achieved numerous verdicts in excess of $1 million. His verdict in the nation’s first Vioxx trial, Ernst v. Merck, led to a client verdict of $253 million that officially set the tone for the other cases nationally. Mark Lanier further obtained a nine-figure settlement for syringe manufacturer, Retractable Technologies, in an antitrust case against Becton Dickinson & Company. This case served as the basis for the movie Puncture, starring Chris Evans. His $118 million verdict on behalf of 21 asbestos victims in February 1998 is considered one of the largest asbestos verdicts in U.S. history. In 2014, he secured an Actos verdict for $9 billion against Takeda Pharmaceutical Co. Ltd. and Eli Lilly & Co.

The National Law Journal has twice named him one of the nation’s Top 10 Trial Attorneys, as well as naming Mark as one of the 100 Most Influential Lawyers in America in the decade. In October of 2012, he was awarded the Clarence Darrow Award. U.S. News and World Report’s Best Lawyers has named Mark Lanier to its Best Lawyers in America list for ten consecutive years. Mark’s courtroom work has resulted in feature articles in The Wall Street Journal, The New York Times, Los Angeles Times, The Boston Globe, Bloomberg News, and The Houston Chronicle among others.

Jennifer Lapinski

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Jennifer Lapinski is a jury and trial consultant. She has conducted focus groups, mock trials, shadow juries, and post-verdict interviews in over 250 cases in jurisdictions across the country. Ms. Lapinski writes juror questionnaires and voir dire questions, prepares juror profiles, conducts witness preparation, and picks juries. Ms. Lapinski has also assisted with the focus group portion of the State Bar of Texas’s Choosing and Courting a Jury program for the past several years, and she is the chair of the Center for American and International Law’s Jury Selection & Communicating with Jurors—A Program for the Defense seminar.

Judith Livingston

Judith Livingston

New York magazine has cited Judith Livingston as one of “The 50 most influential women lawyers in America.” Since 1989 she has been a partner at the law firm of Kramer Dillof Livingston & Moore. To date, Ms. Livingston has won thirty-one trials with verdicts in excess of $1 million, and has negotiated hundreds of settlements that have resulted in payments to her clients of almost a half-billion dollars. In recognition of her trial skills, Judith Livingston was the first woman in the United States admitted to the Inner Circle of Advocates and she was the youngest person invited to be a member.

Michael Maggiano

Michael Maggiano

For over thirty-five years Michael Maggiano has specialized in personal injury litigation with a focus on construction accidents as well as medical negligence. He is widely acknowledged by his peers as one of the top trial lawyers in the New York and New Jersey metropolitan area. Rival attorneys say Mr. Maggiano consistently displays a depth of knowledge and understanding of medical and complex legal issues that makes him an effective force in any courtroom. Known for his thoroughness and exacting approach, Mr. Maggiano has achieved a string of seven-and eight-figure verdicts and settlements for his clients.

Patrick Malone

Patrick Malone

Patrick Malone learned how to ask questions and get answers as an award-winning investigative journalist. Now he is a leading attorney working on behalf of seriously injured people in lawsuits against hospitals, doctors, drug companies, government agencies, and other defendants. Over the last three decades, he has won a long string of exceptional results for his clients. He is the author of The Fearless Cross-Examiner and Winning Medical Malpractice Cases: with the Rules of the Road Technique and coauthor of Rules of the Road. Patrick Malone is a member of the Inner Circle of Advocates and a fellow of the International Academy of Trial Lawyers. Malone has been recognized as a leader in the law by Lawdragon’s 500 Leading Lawyers in America, Super Lawyers, and The Best Lawyers in America.

Randi McGinn

Randi McGinn

Randi McGinn is the vice president of the Inner Circle of Advocates. She is double-listed in criminal and civil litigation in Best Lawyers in America, and is a fellow in the International Academy of Trial Lawyers. She is a former governor of the American Association for Justice, a past president of the New Mexico Trial Lawyers Association, and a former board member of the National Association of Criminal Defense Lawyers. Randi has taught trial practice for the National Institute for Trial Advocacy and the National Criminal Defense College, and has been an adjunct professor for the University of New Mexico.

Mary Alice McLarty

Mary Alice McLarty

Mary Alice McLarty is a former president of the American Association for Justice and of the Dallas Trial Lawyers Association. She is a current member of the Dallas Trial Lawyers Association, Texas Trial Lawyers Association (TTLA), American Association for Justice, and the American Board of Trial Advocates. Ms. McLarty is a frequent speaker for AAJ and TTLA and has spoken to many trial lawyer associations across the United States. She is a 2004 graduate of the Trial Lawyers College.

Phillip H. Miller

Phillip H. Miller

Phillip H. Miller spent the first twenty years of his practice refining his approach to and understanding of depositions, persuasion, communication, and juror learning. He is one of the nation’s most sought after consultants and speakers on deposition and case strategy. In that role, he has helped hundreds of attorneys win their cases in depositions.

Billie-Marie Morrison

Billie-Marie Morrison

Billie-Marie Morrison has been featured on national television and radio programs, as well as in numerous newspaper articles for her work representing injured plaintiffs. She has taught at the William S. Boyd School of Law and at the Community College of Southern Nevada. Ms. Morrison has also published and spoken on a variety of topics and is the editor for the American Association of Justice Workers Compensation and Workplace Injury newsletter. She has been listed in the “Top 100 Workers’ Compensation Lawyers in the United States,” as a Super Lawyers Rising Star, and as one of the “Top Lawyers in Nevada.”

Gretchen M. Nelson

Gretchen M. Nelson

Gretchen M. Nelson practices in the area of complex class action litigation with an emphasis on antitrust and securities cases. Ms. Nelson is a past president of the Los Angeles County Bar Association. She is currently serving her last year as Treasurer for the State Bar of California. Ms. Nelson has lectured on class and class-related litigation issues for a number of associations including the Consumer Attorneys Association of Los Angeles, the Association of Trial Lawyers, and the Practicing Law Institute. She has published articles in the Advocate and the Forum and the American Bar Association’s TIPS magazine The Brief on class and other issues. She is AV Preeminent rated by Martindale-Hubbell.

Peter Perlman

Peter Perlman

Peter Perlman is the past president of the Litigation Counsel of America, the AAJ, the Civil Justice Foundation, and Trial Lawyers for Public Justice. He has won more than fifty multimillion-dollar verdicts and settlements. In July 2012, Mr. Perlman received the highest award presented by the AAJ, the Leonard Ring Champion of Justice Award. He received the President’s Award (Attorneys Information Exchange Group, 2009) in recognition of his successful efforts to force General Motors and Chrysler to assume liability for all vehicles involved in collisions after bankruptcy. Mr. Perlman is also a member of the Inner Circle of Advocates.

Dorothy Perry

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Dorothy (Dottie) Perry is a graduate of the University of Mississippi School of Law, clerked for the Honorable Charles A. Graddick, is licensed in Alabama and Mississippi, is president of the Women Lawyers of the Mobile Bar Association, and focuses her practice on contracts and business disputes. She is a member of the American Association for Justice.

Troy A. Rafferty

Troy A. Rafferty

Troy A. Rafferty has been recognized as one of the country’s top lawyers through inclusion in the publication The Best Lawyers in America, as well as The Legal 500 and Florida Super Lawyers. He is board certified in civil trial law by the Florida Bar, is AV rated by Martindale-Hubbell, and is a fellow in the International Society of Barristers. Mr. Rafferty has been appointed to litigate some of the nation’s largest pharmaceutical and mass tort cases. He has served as lead counsel or on the Plaintiffs Steering Committee of numerous complex cases and multidistrict litigations.

John M. Restaino, Jr., DPM, JD, MPH

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Dr. John M. Restaino practiced foot and ankle surgery from 1980 to 1990 and has practiced law since 1991. He also obtained a Master’s in Public Health (MPH). He has been or is the chair or co-chair of a number of Expert & Science Committees, including the Diet Pill, Rezulin, PPA, Propulsid, Zyprexa, Ortho Evra, and Yaz/Yasmin MDLs and many others. He has successfully defended experts under Daubert challenges while successfully challenging defense experts. Dr. Restaino has been involved in multiple mass tort trials, including those involving Rezulin, PPA, and Vioxx. Dr. Restaino has published peer-reviewed medical articles in addition to legal articles and has written chapters in pharmaceutical law textbooks.

Karen Roberts

Karen Roberts

Before becoming a lawyer, Karen Roberts worked as a television journalist. She is a partner in the law firm Roberts & Roberts in Tyler, Texas. Ms. Roberts enjoys combining her communication and legal backgrounds to assist other lawyers in discovering the best strategies for communicating their cases to juries. Having served on the Board of Trustees for the American Association for Justice’s National College of Advocacy, she has helped implement continuing education for attorneys across the United States. Ms. Roberts is a former vice president of the Texas Trial Lawyers Association and chair of TTLA’s Board of Advocates.

Daniel S. Robinson

Daniel S. Robinson

Daniel S. Robinson has been awarded the 2011 Orange County Trial Lawyers Association Young Gun Award for a $14.5 million verdict and in 2014, received the AAJ Wiedemann & Wysocki Award. Mr. Robinson has been selected as a 2014 Super Lawyer and was recognized as a Super Lawyers’ Rising Star in 2011, 2012, and 2013. Mr. Robinson was selected for the 2014 list of The Best Lawyers in America published by Best Lawyers magazine. In 2012‚ Mr. Robinson was chosen by the National Trial Lawyers association as one of the Top 40 (Lawyers) Under 40 in the United States.

J. Eric Romano

J. Eric Romano

J. Eric Romano received his JD from Stetson University College of Law. He began his career as a prosecutor with the Palm Beach County State Attorney’s Office, where he prosecuted a wide variety of felony and misdemeanor criminal cases. Mr. Romano is past president of the Southern Trial Lawyers Association and serves on the board of directors of the Florida Justice Association and the Melvin Belli Society. He has gone to verdict in more than 100 civil and criminal trials. He frequently lectures in the areas of both criminal and civil trial practice.

Todd A. Romano

Todd A. Romano

Todd A. Romano maintains a practice in the areas of personal injury, wrongful death, product liability, medical devices, and trucking. Mr. Romano is a member of the American Association for Justice, Florida Justice Association, Southern Trial Lawyers Association, National Trial Lawyers, and he is past president of the Association of Plaintiff Interstate Trucking Lawyers of America. He is admitted to the Florida Bar, the U.S. District Courts for the middle district and the southern district of Florida, and to the Supreme Court of the United States.

Clay Rossi

Clay Rossi

Clay Rossi is a lawyer with the Burns, Cunningham & Mackey firm; graduated from the Catholic University of America’s Columbus School of Law; clerked for the Honorable Sarah H. Stewart; is licensed to practice in Alabama, Mississippi, Florida, and the District of Columbia; and has been published on a wide range of topics (including the Posse Comitatus Act) for a wide range of media outlets (including the Washington Times’ Insight Magazine and the website Now with Bill Moyers). Mr. Rossi is a member of the American Association for Justice.

Jacob Rusch

Jacob Rusch

Jacob Rusch is currently representing clients who have wage-and-hour disputes with some of the largest employers in the United States. In addition to litigating large scale collective actions, Mr. Rusch devotes ample time to representing clients injured by defective medical devices or pharmaceuticals. Mr. Rusch also has background and experience in the latest technology in e-discovery. Prior to joining Johnson Becker, he worked extensively in ESI management in many large-scale lawsuits. His experience is invaluable in the discovery phase of litigation to understand the large volumes of documents often produced in lawsuits.

P. J. Scheiner

P. J. Scheiner

P.J. Scheiner is a member of the Florida Justice Association, Multi-Million Dollar Advocates Forum, and a National Advisory Board Member of the Association of Plaintiff Interstate Trucking Lawyers. Mr. Scheiner graduated from the University of Miami School of Law. He was rated as a Rising Star by Super Lawyers for 2010, 2011, and 2015, and was awarded a 2014 Litigator Award by the Trial Lawyers Board of Regents.

Peter M. Schosheim, MD, FACS

Peter M. Schosheim, MD, FACS

Dr. Peter M. Schosheim is a board-certified orthopedic surgeon. He is the CEO and founder of Physicians Medical Review, LLC,. Dr. Schosheim received fellowship training in arthroscopic surgery and sports medicine, and was an assistant clinical professor at the University of Miami School of Medicine Department of Orthopedic Surgery until his retirement. Dr. Schosheim was also the president of the medical staff at Boca Raton Community Hospital and a member of its board of trustees from 1998 to 2004. For many years, Dr. Schosheim was recognized as one of U.S. News and World Report’s “Top 1,000 Surgeons in the U.S.”

Paul J. Scoptur

Paul J. Scoptur

Paul J. Scoptur has been named one of the Best Lawyers in America continuously since 2002 and is one of Wisconsin’s top fifty Super Lawyers. He is a Diplomat of the NCA and was one of the first lawyers to complete the NCA’s Advanced Studies in Trial Advocacy curriculum. Paul has taught thousands of lawyers how to use advanced techniques to take depositions that make a difference and is one of America’s most sought after trial consultants. The cases he has worked on in the US and Canada have recovered a total in excess of $150,000,000. Paul is a coauthor of Advanced Depositions Strategies & Practice with Phillip Miller.

Lance M. Sears

Lance M. Sears

Lance M. Sears is a past president of the Colorado Trial Lawyers Association, Colorado representative to the Board of Governors of the American Association for Justice, and past president of the Faculty of Federal Advocates. For the past twenty-five years, Mr. Sears has taught fellow lawyers throughout the country in litigation skills. He has taught trial skills at AAJ’s National College of Advocacy programs, where he holds the highest level of recognition of Trial Advocacy (Diplomat). Mr. Sears is AV rated through Martindale-Hubbell and has been named a Super Lawyer each year since that list’s inception.

Robert Shepherd, MS, CMI, FAMI

Robert Shepherd, MS, CMI, FAMI

Bob Shepherd is arguably the country’s foremost medical-legal visual consultant and illustrator. He is President and CEO of MediVisuals, Inc. He has been a Board Certified Medical Illustrator since the inception of the certification process in 1992. Bob reviews approximately 700 medically related cases a year, develops visual strategies for demonstrative aids to support case arguments, and works with a staff that includes fourteen other medical illustrators to develop the final demonstrative aids. The Association of Medical Illustrators has presented Bob with multiple “Awards of Excellence in Medical-Legal Illustration”, and he has overseen the development of dozens of other award-winning illustrations and animations.

Gerry Spence

Gerry Spence

Gerry Spence has been a trial attorney for more than five decades. He has had more multi-million dollar verdicts without an intervening loss than any other lawyer in the United States. He has fought and won for the family of Karen Silkwood, defended Randy Weaver at Ruby Ridge, and represented hundreds of others in some of the most notable trials of our time. He is the founder of Trial Lawyer’s College, a nonprofit school where, pro bono, he teaches attorneys for the people how to present their cases and win against powerful corporate and government interests. He is the author of seventeen books.

Kent Spence

Kent Spence

Kent Spence has successfully taken on big corporations and local, state, and federal governments in civil rights, personal injury, wrongful death, industrial accident, oil field accident, and trucking accident cases—among others—over the past two decades. Mr. Spence is a past president of the Wyoming Trial Lawyers Association and he is a permanent board member. Mr. Spence and his partners remain active in the leadership of the Wyoming Trial Lawyers Association to preserve the rights to justice for all Wyoming people.

Joseph Vaccaro

Joseph Vaccaro

Joseph L. Vaccaro has had more than forty years of insurance claim experience: eleven years working for one of the largest insurance carriers in the world in various positions, and the following twenty-eight-plus years working for two prominent plaintiffs’ law firms, acting as head of their prelitigation units. Since 2008, he has been a consultant, specializing in matters involving insurance coverage analysis and interpretation, claim procedures, insurance bad faith, and negotiation/mediation strategies. He has written and lectured extensively on matters involving various aspects of insurance and is licensed in all lines of property and casualty insurance.

Tom Vesper

Tom Vesper

Tom Vesper has tried more than 250 cases to verdict with record results throughout South Jersey. His peers have named him among the Best Lawyers in America and among the Best Personal Injury Lawyers in New Jersey. He has authored more than thirty books or book chapters and published more than 200 articles on damages, wrongful death, and trial advocacy. He has been invited to teach for national and statewide trial lawyer conferences and webinars at locations like the National College of Trial Advocacy, AAJ, APITLA, and The Aletheia Institute.

David A. Wenner

David A. Wenner

David Wenner is a partner in the Phoenix law firm of Snyder & Wenner, P.C. He has been listed in Best Lawyers in America annually since 2000. Mr. Wenner has spent the last two decades prosecuting wrongful death and catastrophic injury accident cases, speaking to lawyers across the country on juror bias and decision-making, and creating a successful juror bias model.

John F. Romano introduces the 4th
Edition of the Anatomy of a Personal Injury Lawsuit

Meet John F Romano, Editor of
Anatomy of a Personal Injury Lawsuit, 4th Edition

Trial Guides Author Randi McGinn
Speaks About Her Chapter on Opening Statements

Lisa Blue talks about her chapter on mock
trials and focus groups in Anatomy of a
Personal Injury Lawsuit, 4th edition

Tom D’Amore discusses his chapter on Motor
Vehicle Incident Reconstruction

2 reviews for Anatomy of a Personal Injury Lawsuit

  1. :

    “As a new personal injury lawyer, it was vital that I quickly learned what goes into the polished performances and substantial verdicts that I had witnessed as a judicial law clerk. Anatomy of a Personal Injury Lawsuit contains these, and many other, critical insights. From the big-picture “Magic of Advocacy” to the minutiae of “Basic Medicine and Anatomy for the Personal Injury Lawyer,” this book will remain a valuable addition to my bookshelf as I grow and progress as a personal injury lawyer. ​

  2. :

    This two-volume book belongs on every lawyer’s desk. It covers almost everything a Trial Lawyer will encounter in the practice of law. The chapters are well organized and laid out in a perfect manner. It reads in the same manner in which our cases progress. What I like the most is there is content on every facet of a case and that content has guided me on matters that I do and do well. I highly recommend this set of books.

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