Entries by Amanda Hale

Understanding the RICO Act

The Racketeer Influenced and Corrupt Organizations Act (“RICO Act”) has beguiled practitioners and courts since its enactment more than forty years ago. The RICO Act’s language is so broad that circuit courts and district courts, concerned about federalizing ordinary state law fraud and breach of fiduciary duty cases, have literally refused to apply it. See, […]

How to Succeed on Twitter

Like any type of marketing effort, there are ways to approach Twitter in order to build an audience so your Twitter account can start bringing your firm business. Here are some of the approaches you can take. Twitter Etiquette When you are posting on Twitter, keep in mind that you are representing the face of […]

Identifying Your Niche Market

Law firms have historically approached marketing from a 30,000 ft. view and this is apparent when you look at the typical law firm website. There’s contact information, a short bio for all the partners and a quick rundown of all the services the firm has to offer. Unfortunately, all those websites look exactly the same […]

What Makes a Vocational Expert an “Expert”?

At what point does a person become a “vocational expert” at the Social Security Administration? Certainly, one cannot become an expert by testifying. Experience as witness is not a foundation — that a witness has testified in other cases is irrelevant to the determination of whether she is qualified to give testimony in this case. […]

The Science of Making Objections in DUI Cases

The science of making objections in DUI cases entails more than knowing the evidence code. For the most part, lawyers need not master the entire Rules of Evidence to effectively try a DUI case. The hearsay exceptions for ancient writings and for family history rarely play a role in drunk driving cases – know them […]

Negotiating Bad Faith Insurance Claims

Third-Party v. First-Party Bad Faith Third-party bad faith occurs when an insurance company fails to defend or pay a claim asserted by a third party against a person insured by the company. For example: A third party operating a motor vehicle was stopped at a light and was rear-ended by your client. The value of […]

Malingering Tests – The Bottom Line

Defense medical experts will try to discredit your client with so-called “tests” to show that they’re malingering, or exaggerating their symptoms. But these tests are subjective, and inconsistent. Excerpted from the free eGuide Injury Lawyer’s Guide to Debunking Claims of Exaggeration and Malingering, by Dorothy Clay Sims, here is the bottom line on malingering tests: […]

Personalities to Look for When Picking Jurors for Your Drug Case

When preparing your voir dire questions, and picking a jury in your drug case, knowing which personalities are more likely to be sympathetic to your side can make or break your case. Here are a few characteristics of jurors who are more likely to lean pro-prosecution, or pro-defense, in drug cases. If you’re looking for […]