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The Jenner and Block Attorney-Client Privilege Handbook was recently distributed through an email by David Greenwald. Greenwald wrote: “This work has evolved from a modest outline inspired by the U.S. Supreme Court’s decision in Upjohn Co. v. United States more than 30 years ago.  Through regular provide practical information for in-house and outside counsel.  “We provide this document to our clients, friends and colleagues free of charge.  Please feel free to forward the handbook to anyone who…
Let’a examine how lawyers communicate in writing. Here’s how a lawyer wrote the sentence—“I give you an orange”: I give you all and singular, my estate and interest, right, title, claim and advantage of and in that orange, with all its rind, skin, juice, pulp and pips, and all right and advantage therein, with full power to bite, cut, suck, and otherwise eat the same, or give the same away as fully and effectually as…
The Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the insured settles the claims and assigns the bad faith action against the insurance company to the plaintiff.  Bolt Factory Lofts Owners Association, Inc. v. Auto-Owners Insurance Company, 2019WL 3483901(Colo. App. 2019). In a 2016 lawsuit in Denver District Court, 2016CV3360, the Bolt Factory…
In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i]  One of Hansen’s primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008.  Everest National Insurance Company issued a single excess liability policy for the 2007-2008 policy year, and which was to drop down and provide additional coverage should the 2007-2008 Maxum policy…
If you were asked for the advice that you would give to an aspiring law student about how to become a competent lawyer, what would you say? Supreme Court Justice Felix Frankfurter gave this advice: My dear Paul, No one can be a truly competent lawyer unless he is a cultivated man. If I were you, I would forget about any technical preparation for the law. The best way to prepare for the law is…
By David M. McLain My advice to home builders has long been to arbitrate construction defect claims instead of litigating them in front of juries.  Based on my experience and watching others litigate claims, I have learned that home builders usually fare better in arbitration than in jury trials, both in terms of what they have to pay the homeowners or HOAs and also in what they recover from subcontractors and design professionals.  Because of…
In a book I edited, entitled The Appellate Prosecutor: APractical and Inspirational Guide to Appellate Advocacy, the Honorable Paul Turner, who when the book was published was Presiding Justice of the California Court of Appeals Second Appellate District of Los Angeles, California, contributed a chapter. Judge Turner’s chapter focuses on the art of writing, specifically on crafting the short declarative sentence, which he referred to as “The Key to Good Legal Writing.” Here is…
Paul Luvera –> Faced with juror bias during deliberations, the foreman took matters into his  own hands. At the conclusion of deliberations, the foreman told the media, “The jury was biased.” Politically biased. He said that a few of the jurors were aligned with the political views of the defendants in a first-degree assault case, and this led to seven days of jury deliberations, ending with a hung jury with nine of the twelve jurors…
George R. (Bob) Dekle, Sr. has done it again. He has written Six Capsules:  The Gilded Age Murder of Helen Potts. It is another splendid book by Bob—this time a “true crime book” that recounts the poisoning of Helen Potts by Carlyle Harris and the high profile murder trial of Harris in the late 19th century. Bob’s prestigious list of prior books, among others, includes: Cross-ExaminationHandbook: Persuasion, Strategies, and Techniques (which I co-authored along with…
–> “Lesser artists borrow; great artists steal.” This is a statement attributed to Pablo Picasso. The same proposition holds true for great trial lawyers. Lesser trial attorneys borrow; great trial lawyers steal. The greats study what other trial lawyers have done, they remix it and transform it into their own work of art. This is particularly true of closing argument. Vincent Bugliosi –> Francis Wellman –> The second trial lawyer is Francis L. Wellman, an…