Entries by Teddy Snyder

New Mediation Disclosure Rule

Effective January 1, 2019, California attorneys must provide a written mediation disclosure statement to clients or face potential disciplinary consequences. What Does the New Law Do?The disclosure does not protect clients so much as inform them about mediation confidentiality. Under changes to the Evidence Code, attorneys must have clients sign off on a mediation disclosure […]

Litigation Status Reports from the Confederate States of America

THINGS ARE GOING GREAT – LET’S KEEP FIGHTING The fall of Atlanta “is not a calamity that endangers our cause.” Montgomery, Alabama Advertiser, September 1864   “No former period of the war has contained such elements of encouragement for the South as the present.” Richmond, Virginia Examiner, February 1865, 60 days before the surrender at Appomattox   Many […]

Mediation Phases

Like the moon, mediation proceeds in phases. Here’s a primer on what happens when. Phase 1: Investigation The first phase of a mediation consists of fact gathering and defining the issues. When the parties provide exhaustive briefs, time spent on fact-finding may be minimal. We can quickly pin down which facts and issues the parties agree […]

When The Injured Worker Calls- Ethical Implications

I get calls at least once a month from represented injured workers who don’t know what is going on with their claims. Stop and think about that in light of the Rules of Professional Conduct. Typically, in violation of existing rules, the AA has not communicated with the client. Sometimes the attorney has given the […]

Humility Leads to Mediation Success

Here’s an oxymoron for you: the humble litigator. Like jumbo shrimp and military intelligence, it may seem ridiculous to pair humility with any litigator. But for anyone trying to settle a claim, a little humility can help get you to the finish line. Most of the time that dispute will eventually settle without court intervention. The […]

Documenting the Mediated Agreement

Almost all of my mediations end with agreement to a Compromise and Release. Parties often bring a partially completed Compromise & Release form, DWC-CA form 10214(c), to the mediation. That’s great. But when considerations prevent execution of a final agreement at the mediation, a Memorandum of Understanding, known as an M.O.U., can be invaluable. What Is It After […]

3 Ways to Evaluate Future Medical Care

Evaluating future medical care is usually the most challenging component for parties trying to settle a workers compensation claim by Compromise & Release. If your crystal ball is in the shop for repairs, try one of these methods. Medicare Set-Aside You don’t need a Medicare Set-Aside for claims outside the review thresholds, but claims professionals […]