Blog - Scott Key & Associates

Crafting a Cross Examination with Tom Withers

February 17, 2022/by J. Scott Key

Atlanta attorney Tom Withers shares how he emphasizes organization in his pre-trial preparation to ensure every testimony makes an impact.

At the heart of Tom Wither’s law practice is an emphasis on honesty. Whether trying civil or criminal cases, he tries to give each of his clients a clear roadmap of what to expect – never guaranteeing or overpromising.

“The attorney-client interactions are the bread and butter of what we do,” Withers said. “My view is that I always want to be truthful, candid and plain spoken with my clients.”

It takes detailed organization to communicate clearly with clients. That’s why Withers uses everything from trial notebooks to jury consultants to ensure he has a clear course ahead in every trial.

In this episode, Scott and Withers discuss what lawyers need to do to best prepare before they put a witness up for cross-examination. Withers also shares how to transform a case from a box of documents to a compelling narrative.

Preparing For Testimony

Many lawyers may view trial preparation as something done exclusively at their desk. But, for Withers, it’s a priority to ensure everyone feels prepared – including witnesses.

Withers spends hours upon hours with his clients preparing their testimony for deposition and then at trial.

“That means going over the record so that you as a lawyer have a good idea of what they say,” Withers said. “And then the testimony breathes life into those records.”

One of the best things a lawyer can do is spend the time with the documents of the case. Withers believes it’s important that lawyers learn to distill those documents down into something a jury can understand.

“I would be completely happy as an AUSA with a box of documents reviewing those with an FBI agent and distilling down the ‘hot documents’ that we thought we needed to have organized. You learn from those documents what the essence of your case is.”

Once it comes to trial, Withers uses his own special strategy to ensure he hits every mark while examining a witness. He outlines both his direct and cross examinations into ‘chapters’. One chapter may be ‘background information’, another ‘offense conduct’.

Before he begins cross examination, he organizes the chapters into separate folders in front of him. In each one of them, he writes out every question he wants to ask and the answer he wants to get out of that question.

If any answers strike Withers as inconsistent, he’s able to correct the record right then and there. “In state court, you don’t have to lay the foundation for cross-examination for prior inconsistent statements like you used to. So, you’ll bash that witness with the prior inconsistent statement right off the bat when they veer from earlier testimony,” he said.

Withers emphasized that each lawyer will have their own way to prepare. You may not need to write out every question, but you should work to find out which organizational method will work best for you.

“This is just what works for me,” Withers said. “I find it an effective way to conduct cross-examination.”

Using Demonstratives To Your Advantage

It’s important to make sure any exhibits or demonstratives you bring forth for the jury are clear, not distracting. Withers works with a consultant to ensure each exhibit runs smoothly.

“It takes a lot of work and effort, but it’s very very effective to be able to play or display a snippet while you are in trial,” he said. “It’s important to be able to use those documents for cross examination and hit the witness with their prior testimony or prior statement immediately.”

Technological difficulties can often derail these exhibits and therefore slow the momentum of a trial. But, Withers says lawyers need to be prepared to move forward.

“You’re always going to run into a technological issue, even when you’re well-prepared,” he said. “Instead of looking disgusted and sitting there waiting for something to go on, you have to be willing to move easily to the next topic

Even when it does work, many lawyers do not make a significant record of what a witness is reviewing during a deposition. The result is often a confusing piece of document that is little help when you need it for trial or mediation.

“You’re conducting your examination in a civil deposition with an eye towards that witness’ testimony at a trial,” he argued. “So if you don’t have your witness’ testimony tied to an exhibit, then when you get to trial, and you’re trying to tie that document to this witness, it’s a mess. It needs to be apparent what the witness is referring to.”

In order for any examination with exhibits to be effective, you need to be on the same page as whomever is assisting with your audiovisuals. Take the time to go over each exhibit and when they should appear.

“I want the jury to believe that we are well-organized and well-prepared. I think it brings another level to your ability to effectively present your case if you properly use audiovisual or demonstrative aides.”

To learn more about this show and to follow along with our journey, please rate, review and follow The Advocate’s Key wherever you listen to your audio content.

The Future of Mediation with John Miles

January 13, 2022/by J. Scott Key

John Miles, founder of Miles Mediation & Arbitration, shares how the mediation process can bring more business to lawyers and speedier satisfaction to clients.

When Miles Mediation & Arbitration first began, it was just John Miles, his truck and a passion for the art of mediation and entrepreneurship. It took him until he was around 40 years old to realize that his real happiness lay in building his own business, rather than practicing law.

“I’m building something that hopefully is making the lives of my employees, my mediators and our customers better,” Miles said.

Now, Miles leads over 50 mediators in fulfilling the growing demand for arbitration all across the Southeast.

In this episode, Scott and Miles talk about the flourishing practice of lawyers settling in mediation rather than undergoing trial. As the upward trend continues, Miles shares how arbitration can help build a lawyer’s business and give clients the unique opportunity to use their voice.

Getting The Most Out Of Mediation

The lawyers that consistently get the best results for their clients in mediation are the ones who come in prepared. Miles said lawyers should head into mediation the same way they would head into trial.

“So when you come in, you know that you’re ready to go and you say ‘Look I hope we settle this case, but if we don’t I will be equally prepared to try this case’,” Miles said.

“Know the weaknesses of your case and be open about that.”

Many times the key to success in arbitration is trusting your mediator. For his own business, Miles is often looking for a person with a unique set of skills to be able to assist lawyers through arbitration.

“You have to be able to look someone in the eye and tell them they’re crazy as Hell and then the next moment get up and get them a cup of coffee,” Miles said.

Once Miles’ mediators begin working with attorneys, they understand all the concerns of lawyers in mediation. One of the most common questions they receive is: ‘If I don’t think the other side is going to settle, how do I keep from revealing my entire trial strategy?’

Miles said that’s no small matter to consider during arbitration.

“Each one of those individuals can look an attorney in the eye and say ‘I will keep that in my back pocket and I won’t use it unless I believe there’s a good chance we will get this case resolved’”, he said.

Now more than ever, lawyers should look to mediation as a viable option for their clients. As the pandemic has slowed the judicial process, more attorneys have taken a new look at arbitration, causing less cases to go to litigation.

Miles’ business has seen exponential growth within the last year. He suspects it is because many lawyers have found that mediation actually brings a better result than trial.

“Your day to play your best case and to play your best facts is now at mediation. It’s going to be better for your client. That’s going to mean more business for you in the future.”

A Better Experience For Clients

Mediation can bring a swifter and more satisfying result for many clients.

One of the greatest advantages for many clients is the ability to exercise their voice in mediation. In trial, they would not have the opportunity to share their own experiences, in their own words. But, in arbitration, they can take the floor.

“There’s an emotional component,” Miles said. “It provides something that court never can. The opportunity to sit across the table, look into the eye of the person who injured you and express yourself. In your language, with your timing, in an uninterrupted way. You’ll never get that at trial.”

Many times, the arbitration process doesn’t take as long as a trial. While a client may have to wait three to four years to see their day in court, mediation can bring results in as little as 18 months time.

Mediation also gives you the opportunity to really listen to what your client wants and work toward that. It may be the ability to give emotional testimony or a swift result driving the client rather than a large sum of money.

“The problem lawyers sometimes make is they say ‘My client just wants a dollar figure’ but I think that’s a mistake,” he said. “Being more cognizant of what you are trying to deliver for your client. More lawyers are coming to the conclusion that it makes financial sense for me and emotional sense and financial sense for my client.”

The happier your client is with the results, the more likely they’ll come back to you and recommend your services to others. Miles said it’s a win-win for both lawyers and clients.

“They can leave with a new perspective they didn’t have when they came in.”

To learn more about this show and to follow along with our journey, please rate, review and follow this podcast wherever you listen to your audio content.

Building Up Your Client Base with
Steve Murrin

November 1, 2021/by J. Scott Key

The “Biker Lawyer” Steve Murrin built his own practice by focusing on connecting with the community through every outlet he could find.

Chances are you’ll leave a conversation with Steve Murrin with something in your hand — whether it be a business card, a hand-written letter or his Facebook username. An experienced lawyer with his own practice, Murrin sees each connection he makes as an opportunity.

It’s especially important because more than half of his cases come from word-of-mouth.

“The lesson is that the older I get and the more mature my practice becomes, the more word-of-mouth becomes important,” said Murrin. “You got to track what gives you business and where you’re failing.”

In this episode, Scott and Murrin talk about how to connect with prospective clients. The “Biker Lawyer” explains how he uses his love of Harleys to find cases, the importance of connecting with your law-practicing peers and how taking the time to say thank-you can change your business.

Finding What Works

In 1999, when Murrin was first building his client-base, he set a goal for himself each day. He aimed to give out 30 business cards to different people each day.

After a couple months of walking and talking to people all over the community, Murrin found it almost impossible to find 30 new people each day.

“It forced you to expand your social network, to expand those individuals you come into contact with,” said Murrin. “I literally had a flow chart of where I had been and who I had given cards to.”

Now, decades later, Murrin’s marketing strategies have changed to adapt with the times, but his core philosophy has not: reach out on as many platforms as possible and track what works for you.

“You have to understand where your cases are coming from. You have to have a general marketing plan that is in writing. It could be on a scrap piece of paper or it could be on a computer algorithm, it doesn’t make any difference,” Murrin explained. “But, you need to decipher what works and what does not work.”

Today, Murrin describes himself as an “internet immigrant.” He’s adapted his practice of connecting with people on all social media platforms, where he engages in Facebook groups, participates in Reddit threads and posts on Instagram to garner more interest in his practice.

One of his biggest takeaways from having a strong social media presence? Keep politics out of your business.

“There’s a line you can’t cross on many of these social media platforms. I’m careful not to overstep boundaries in any particular medium,” said Murrin. “Your business is not political. All you’re going to do is alienate a potential client.

Known for his affinity for motorbikes, Murrin also uses his personal passions to expand his network. He became known as the “Biker Lawyer” once he began to try cases regarding helmet tickets for free — increasing his word-of-mouth popularity.

“If you got in a wreck as a biker, the lawyer that handled your helmet case for free, you’re his lawyer. Forever,” said Murrin. “You’re probably his kids and his grandkids lawyer too.”

Connecting With Other Lawyers

When starting your own practice, one of the most important networks to use is your professional network. In the end, they can serve as one of the most valuable resources for gaining clients.

Murrin was a criminal defense lawyer before he struck out on his own and pursued civil cases. His time working with other lawyers was fundamental to his ability to begin his own practice.

“The lawyers I was battling with would ultimately be my peers. People that were in the trenches seeking justice for a defendant, that’s who I would be aligned with ultimately,” said Murrin. “So I never made an enemy. We fought hard. We were respectful. There was no trickery, there was no withholding evidence. It was all open and honest and ultimately paid off.”

It’s important to remember that your lawyer peers are also a means of growing your business. About 15% of Murrin’s gross income comes from referring clients to other lawyers.

“The network of lawyers you align yourself with, it’s a fun thing. But, the reality is it’s also a cash cow. The more lawyers you know the more referral searches you have. The more friends you have in the legal community, the more opportunities for cases you have,” Murrin explained.

Make sure you have a wide scope of different kinds of lawyers in your network. That way you are able to connect any prospective client with a lawyer who can help them — all the while making money through referral fees.

“Don’t ever say ‘I am a divorce lawyer.’ ‘I am a criminal defense lawyer.’ ‘I am a personal injury lawyer.’ Say ‘I am a lawyer and whatever you need, call me,’” said Murrin. “When you have that person call you, make sure you got a guy.”

To learn more about this show and to follow along with our journey, please rate, review and follow this podcast wherever you listen to your audio content including Apple Podcasts, Google Podcast, and Spotify.

The Importance of Prosecuting Animal Crimes with Jessica Rock

October 26, 2021/by J. Scott Key

Georgia Statewide Animal Prosecutor Jessica Rock explains how understanding crimes against animals can help protect humans.

Lawyers and law enforcement can be hesitant to pursue legal action against animal crimes. In many communities where these crimes are taking place, there aren’t enough resources or education on prosecuting animal crimes.

“It’s about getting everyone educated on how the process works, who plays what role in the process and how we can all just do a better job in making sure our community is safe,” said Jessica Rock, Georgia’s one and only statewide animal prosecutor. “Not just for our animals, but for our human victims as well.”

A part of the animal prosecutorial unit, Rock dedicates every day not only to prosecuting animal crimes, but to educating other prosecutors and law enforcement on how to better identify and prepare to try animal crimes. In this episode, Scott and Rock break down what it takes to bring animal crimes to court and how pursuing crimes against animals can lead to protecting people.

The Connection Between Animal And Domestic Abuse

When Rock steps into training sessions with law enforcement, she generally finds one widespread misconception: animal crimes have nothing to do with human crime prevention. She quickly dispels this theory.

“I spend about a good hour and a half to two hours talking about the link to other crimes,” Rock explained. “I get their buy-in by explaining to them I’m not here to teach you how to be an animal crimes investigator. I’m here to help you with other types of human violence that you investigate.”

Animal crimes are more often than not very closely connected to violent human crimes like domestic violence or child abuse. Around 85% of domestic violence victims report harm or threat of harm to their pet.

“When we look at the type of perpetrator who is charged with domestic violence, there is a lot of times a certain mentality,” said Rock. “It has a lot to do with the desire and the need to gain power and control over vulnerable victims, including animals.”

It’s especially important to understand the link between human and animal violence because it can impact a victim’s ability to leave a violent situation. Only around 12% of shelters nationwide allow pets to accompany human victims.

“It can create barriers for victims escaping abusive situations because there’s no place to bring their pets,” Rock said. “So a lot of times, barriers to escape come from concern about the safety of the pet.”

In addition, other crimes against animals like dog-fighting or chicken-fighting are often accompanied by other types of violence. Gambling, drug use and homicidal behavior go hand in hand with animal fighting.

“Dog-fighting and chicken-fighting are happening on a rampant level in Georgia. People don’t realize how often it’s occurring,” Rock explained. “We’ve never raided a dog fight or chicken fight in my entire career where there hasn’t been guns or drugs.”

Bringing Animal Crimes To Court

There are barriers to bringing animal crimes to court. For one, many times animal abuse such as dog-fighting occurs in rural areas where it may be difficult to find the resources to take on a case involving many different animals.

That’s why Rock works to bring her knowledge and resources to all different parts of Georgia. She assists in drafting indictments, serves as an expert witness and provides law enforcement with what they need to investigate.

“There’s a lot of nuances to animal crime cases, even if the animal is deceased, but especially if the animal is still alive,” Rock said.

Search warrants, indictments and ownership surrenders are just a few parts of prosecuting an animal crime case that can be challenging without prior experience.

Getting the smaller details right can help your argument to the jury. Based on her years of experience, Rock teaches prosecutors everything from how to word their indictments without breeds to which parts of the law to present to jurors.

“It’s my job to make sure on the front end to say ‘Here’s all the issues you’re going to be dealing with and here’s how to navigate these issues’,” said Rock. “Let me know how I can help.”

To learn more about this show and to follow along with our journey, please rate, review and follow this podcast wherever you listen to your audio content including Apple Podcasts, Google Podcast, and Spotify.

Bringing the Case into Focus with Robin Frazer Clark

September 28, 2021/by J. Scott Key

Trial injury lawyer Robin Frazer Clark shares how she uses focus groups to advocate for the voiceless.

When you conjure up the image of a plaintiff lawyer, you may think of stereotypical TV advertisements or even “ambulance chasers.” But Robin Frazer Clark says at the heart of being an injury lawyer is helping people in the worst of their times.

“It’s about helping others in need. Helping people who, if not for a plaintiff lawyer, would have no hope,” Clark shared. “Those are the kind of cases I take, the ones where I’m making a real difference in someone’s life.”

Clark has over two decades of experience as an Atlanta injury lawyer with her own firm, advocating for the voiceless. In this episode, Scott and Robin discuss the preparation that goes into these plaintiff cases — from focus groups to participation in legal associations.

Leveraging Focus Groups

Before Clark even steps into the courtroom, she has already stood in front of a mock jury, presented her case and received feedback. These focus groups are an invaluable tool to identify potential obstacles during the course of the trial.

“I wouldn’t try a case without doing at least one focus group,” said Clark. “You learn something about every aspect of your case: what you need your experts to say, what kind of jurors are going to be bad for you.”

Oftentimes, Clark conducts the focus groups by bringing in a consultant to prepare the jurors and to act as the defense attorney in the mock trial. It’s imperative to ensure that the jury believes both sides are actually adversaries.

“You want them to believe it’s a real case and there is a real defense attorney in front of them and a real plaintiff’s attorney,” said Clark. “If they think it’s only the plaintiff putting this on, it skews things.”

One tactic to ensure that your focus group is a worthwhile exercise is to ensure that the defense’s side is at its strongest. By assuming that everything goes right for your opponent, you’re able to strengthen your own case against them.

“We make it really really hard for a plaintiff to win in a focus group, so that when we do win with the focus group, it gives me confidence that 12 normal people from that county saw the case the way I see it,” said Clark.

The focus groups should be about getting as much feedback on your case as possible. That’s why Clark says she gives numerous questionnaires to her mock jurors:

A demographic questionnaire
A questionnaire after the plaintiff’s case
A questionnaire after the defendant’s case
A questionnaire before they deliberate

The final step is to film the jurors’ deliberation surrounding your case and see what holes they may find in your case. Clark believes by watching what kind of questions jurors’ ask in deliberation, you can learn a lot about what parts of your cases to hone in on and review.

Almost every time Clark conducts a focus group, she’s surprised by something that the jurors ask or need clarification on. “It really tells you which path to take at trial,” said Clark. “That’s what you want from a focus group. That information that you haven’t seen because you’re in the thick of it. They’re seeing the forest and you’re seeing the trees. And sometimes you want that viewpoint of ‘Here’s what it looks like to me.’”

Getting Involved in the Legal Community

One piece of advice Clark would give every young lawyer is to become involved in the community. As the 50th President of the Atlanta Bar Association, Clark has found professional and social organizations have helped her find the people to support her.

Especially if you are looking to begin your own practice, Clark believes involvement in the state bar association and local law organizations will help you find your first clients.

“You shake as many hands as you can and you’re forthright and say ‘Look, I’m starting out. I would appreciate any case you don’t want to take, you send it to me. Here’s my card, call me,’” said Clark.

That’s how Clark began when she first struck out on her own: she tapped into her social circles, shook hands with people at her church and started to build her own network of clients.

You can’t be too modest when you’re starting out. Rather, you need to look at each of your connections as a potential starting point.

“Look at your life and say, ‘Where are my friends? Where are the people I’m influenced by? Where are they?’” said Clark. “You have to constantly be telling people what you do, what kind of case you take, what you’re willing to do and you’ll be amazed.”

Simplicity: A Recipe for Successful Litigation

September 14, 2021/by J. Scott Key

The last few days, I’ve been reading out of two books. The first, The Rules of the Road by Friedman and Malone, is about how to prove liability in a Plaintiff’s case. It has a simple thesis: if you stick to traditional legal definitions of liability in negligence lawsuits, you will get killed. The jury will get confused, and they’ll let the defendant off the hook.

The second, one I’m reading for fun, is Michael Pollen’s Cooked. His thesis, too, is simple. We spend less time cooking than ever before. And if we spent a bit more time cooking, we would reclaim some basic things in our lives, such as community, connection, and a bit of freedom from the corporations to whom we have outsourced so much of our cooking.

As I read these books, I started seeing connections between them. And in seeing those connections I discerned an even more basic thesis: a basic recipe for success in just about any endeavor comes in simplifying things as much as you possibly can. Then simplify some more. Let me show you what I mean.

The 3 P’s of Cooking According To Michael Pollen

Pollen immersed himself in the techniques and practices of the best chefs in the world, from pit masters in North Carolina to famous brewers and bakers. And yet, by the end of each chapter, he returns to the same point – none of it is difficult. The techniques are basic. Speaking of a pitmaster in North Carolina, he wrote this: “Over the course of our conversations, Ed had gone back and forth on the relative difficulty and mystery of his art. More than once, he had alluded tantalizingly to ‘trade secrets,’ but other times he disclaimed there were any such things. This was one of those times. ‘It’s hard work, but there’s really nothing all that complicated about making good barbecue.’ Which might be the deepest, darkest secret of all.”

In fact, he finally writes that cooking comes down to three things

Patience: You must give whatever you are doing time to finish. It seems like every dish he learned to cook comes down to cooking over time with low heat.
Presence: When you are engaged in it, your attention cannot be divided. Cooking doesn’t mix well with a smart phone, for instance.
Practice: Cooking is a practice. There are no real mysteries to it, but you get better at most of it with repetition.

The 3 Enemies of the Plaintiff Attorney

And in the same sitting where I read about Pollen’s 3 points of cooking, I turned to Friedman, who has three points of his own; the 3 enemies of the Plaintiff’s attorney.

Complexity: The more complex your opponent can make matters seem, the more difficult it is to win the case.
Confusion: The more a jury is confused, the more the jury is likely to stick with the status quo. The less likely a jury is to find fault with the defendant
Ambiguity: The more ambiguous matters appear, the less likely you are to win. And when you go to trial, you are doing battle against, not just your opponent, but with the tendency in the law to make things seem ambiguous, even when they aren’t.

Attention Lawyers: It’s Not That Complicated (Really)

Lawyers like to make it all seem complicated. But cases generally come down to simple things. I recently finished a case with a 50,000-page transcript. The trial filled about 10 months of court time. And I’ve done appeals of cases that were a day in length with a one-volume transcript. What did these cases have in common? They both came down to one thing. Indeed, all cases come down to one thing. Juries, even appellate courts don’t pick between two sides. They choose between two stories. By the case’s end, one story beats the other. Generally, the simplest story wins.

There is no secret to any of it. The answers are out there for the taking. It’s often not talent – it’s just hard work. And that is the deepest secret of all.

3 Apps We Use to Get Things Done in Our Law Office

August 4, 2021/by J. Scott Key

The more things changed for us during the pandemic, the more they stayed the same. We are a small but nimble office. We were perfecting the art of remote and distributed work before the 2020 came and forced the rest of the world to move in that direction.

I want to take a minute to tell you about some of the apps that we use to get work done, to communicate within our team, and to collaborate with other lawyers.

The WordPress P2 Theme

Email is a huge part of work. And there is no way to escape it. And it is still very much a part of how we communicate with outside counsel, with clients, the courts, etc. But my team relies on email very little for intraoffice communication.

For instant messages, we sometimes use Slack. But for the bulk of our communication, we use P2 – a blogging platform.

WordPress powers most of the blogs and websites you use. And WordPress, itself works out of a distributed model, with its team members working all over the world. How do they communicate with one another: you guessed it – through the P2 blog theme.

I first learned about how WordPress uses P2 in a set of blog posts and podcasts I Iistened to with their founder – here’s a good summary.

Pro Tip: Communication is like oxygen to a company. And the way we work makes it flow even better.

LiquidText

We work on big cases and big cases are document intensive. For our appeals, there are transcripts and for our trial level cases, the discovery comes at us by the terabyte.

LiquidText helps us review it all. It allows us to take lengthy document, annotate them, and arrange them to a single page.

We recently used LiquidText in a huge criminal case with a 50,000 page transcript. That’s how great it is!

Dictate + Connect

I came of age as a lawyer at the end of the era of dictation. I was trained, in my summers between 1L and 2L year, in Dictaphones. I would dictate letters, transcript summaries, and even short motions. And, like magic, documents would appear on my desk later in the date. With Dictate+, I do all of that on my phone from wherever I am, email them to my paralegal, and the documents magically appear in my inbox later in the day.

Apps to Make a Lawyer’s Life Easier and Better

We power all this software with iPad Pros and MacBook pros, which we all use at home, when we occasionally make a cameo appearance at the office and in court.

There are plenty of other apps we use, but these are the three we use on a daily basis to get the work done efficiently and nimbly.

Top 5 Law and Non-Law Podcasts

July 26, 2021/by J. Scott Key

Podcasts for Lawyers

I spend a good bit of my time listening to podcasts. They get me through drives to court, distance runs, housework, and yard work. They get me through bouts of insomnia. And they are as big a part of my day as reading and watching television (which consists these day of binging every episode of Billions I can watch in a week). They educate as much as they inform.

And, as I record episodes of my own legal podcasts, The Advocate’s Key, I use these as the standard. They shape the kind of podcast I want to have. I’ll start out with non-law podcasts before moving to those in the law.

The Mac Power Users

I am going to put this one in the category of non-law, though co-host David Sparks is an attorney. And he often refers to his day job in various episodes. MPU was one of the first podcasts I ever listened to, back when I barely knew what a podcast was. MPU is a weekly podcast focused on how to use Macs, iPads, and iPhones to get work done. You might say that MPU geeks out on all things Apple. But all of their content is accessible to the listener who isn’t computer savvy. The format is features two hosts. And most of the time they have a guest who talks about how the guest gets work done in respective careers. I absolutely love MPU. Fair warning, if you have Apple devices, you will end up spending money on things they discuss because they make those things sound so cool. Listen toMPU here.

Making Sense

Sam Harris is one of my favorite thinkers and philosophers. Sam Harris is a clear thinker, excellent speaker, and engaging interviewer. Sam Harris engages in ideas and follows them to wherever his thoughts lead him. One week, his podcast may explore the nature of consciousness. The next week he may discuss gun control or corporate governance. He has a knack for offending people on the right as well as on the left. He belongs to no camp in particular. Most episodes challenge my thinking on even the most basic of things. As a lawyer, I like his sense of freedom to explore a range of questions, even if that exploration proves to be iconoclastic. In a world that seems to send us down into siloed news sources, Sam Harris’s podcast is remarkably eclectic. Listen to Sam here.

The Great Trials Podcast

Now to podcasts about the law. I love The Great Trials Podcast. It is hosted by two Georgia lawyers. And each episode features an interview with lawyers who have won a significant plaintiff’s verdict in a trial. In each episode, the two hosts interview a trial lawyer who breaks down the case from start to finish. The stories are engaging. And it’s a rare episode when I don’t learn something about trial practice and trial technique. True confession, at one point in time my dream was to argue a case at the United States Supreme Court. And now my dream is to have a Great-Trial-Podcast-Worthy case. Find the latest episode of The Great Trails Podcast here.

See You in Court

I’m relatively new to his podcast. See you in Court is hosted by two former Georgia State Bar presidents – Robin Frazer Clark and Lester Tate. Their episodes cover a broad range of specialties with interviews with various lawyers. But by far my favorite episode is the one with Kentucky attorney Brian Haara who wrote a book about bourbon and how bourbon-related litigation shaped American law (April 9, 2021). Lester was my guest in a previous podcast. And Lester and Robin do a fantastic job. Listen to See You In Court here.

Honorable Mentions

I listen to way more than four podcasts. And I want to mention a few more. There’s Akimbo, Michael Lewis’s Against the Rules, Malcolm Gladwell’s Revisionist History, the Tim Ferriss Show, and the Red Agenda, a podcast dedicated to Liverpool Football.

What podcasts do you listen to? Do you have a recommendation for me and others? Send them in using the contact form.

McDonough Product Liability Lawyer

July 22, 2021/by J. Scott Key

Getting Justice for Defective Furniture

Monica* had been so excited to furnish her new apartment in McDonough. She spent dozens of hours poring over online retailers. She picked out her first dining room set and rugs for each room.

This was going to be he first “adult” home, and her first time living without roommates. She wanted everything to be perfect.

Including the furniture she needed to purchase. Monica spent hours reading reviews for each product, intending to get the best quality for the best price.

Her deliveries arrived on a Saturday, and she spent the whole afternoon assembling furniture. When she was finished, she couldn’t stop smiling – her place looked great.

She texted a few friends and invited them for brunch the next morning so she could show off her new home.

Monica was sitting on one of her new bar stools, holding a mimosa and listening to her friend tell a story, when suddenly, she fell.

Without warning, the stool collapsed.

Monica’s head smacked the bar as she fell toward the floor, and she dropped her drink. It smashed on the floor, and her arm landed in a pile of broken glass.

Her friends screamed and rushed over to help. Monica didn’t want to move. Not only was she hurt, but she was also embarrassed.

“Are you really that bad at assembling furniture?” she scolded herself.

No, she wasn’t.

Monica would soon learn that she was Henry County’s latest victim of a defective product and need to find a local product liability law firm.

When to Call a McDonough Product Liability Attorney

It is a sad fact that all consumer products are not safe for use. Occasionally, a product is released to the public that could – or does – hurt the buyer or someone they know.

When someone is hurt by a defective product, the manufacturer or distributor can be held accountable according to product liability law. Most product liability laws are decided at the state level in the United States and proof of various elements is required in order to present a valid claim.

Home goods, children’s toys, auto parts, and medical devices have all been known to fail in ways that injure people.

But other commercially available products are also subject to product liability laws, as well. These include prescription medications and food items.

If you are hurt by the malfunction of an item that you (or someone else) purchased, you may be able to file a product liability lawsuit. If you win, you can be reimbursed for any money you spent or lost due to your injury.

You do not need to have purchased an item yourself in order to file a lawsuit against the manufacturer. If you were injured by a defective product, the identity of the purchaser does not matter.

However, in Georgia, you must file a personal injury claim within two years of the date you were hurt.

If the malfunctioning item caused property damage, and you wish to be compensated, you will have to file a lawsuit within 4 years of the date of the accident.

Why Was the Product Defective?

Monica was inclined to blame herself for the chair’s collapse. Luckily, one of her friends inspected the bar stool while Monica spoke with the paramedics.

The friend noticed that one of the supports under the seat had snapped in half. The other supports were structurally similar, but the broken one was unusually thin at the point where it cracked.

Before the paramedics drive off with Monica, her friend grabbed her hand. “This wasn’t your fault,” she said. “You should sue them, that thing was unsafe.”

Determining what caused the product to malfunction is essential in proving a product liability claim.

There are three main categories that product failures usually fall under.

They are:

Manufacturing Defects occur due to flaws in construction or production of a product. Usually, only some of the products made contain the flaw, and not the entire line.

Many things can cause manufacturing defects. Sawdust could accidentally end up in a plastic mixture, weakening the final product. Or a car could be missing a brake pad, due to an oversight at the factory.

When errors in manufacturing lead to injury, the product manufacturer can be held liable.

Design Defects happen when the model for a consumer product is inherently flawed. Even if the item was made perfectly according to its instructions, the product will malfunction.

In such cases, every product in the line will contain the same flaw, and the manufacturer or distributor should recall every item.

If, for example, a children’s toy features small wheels which pop off easily when pulled, that is a choking hazard.

The design of the toy was not adequate, and children could easily be injured by it during use.

Marketing Defects are flaws in the way a product is labeled. This is also known as a “failure to warn.”

Not all products can be 100% safe. Stoves, for example, must get hot in order to cook food. It is not possible to make a stove that cooks food yet won’t get hot enough to potentially injure someone.

Instead, if normal use of a product could pose a danger to a consumer, the item must be properly labeled with warnings and instructions for correct use.

Similarly, if a product is dangerous in a non-obvious way, it must come with warnings.

For example, if one medication cannot be mixed with others, whether over-the-counter or prescription, it should come with written warnings. If it does not, the manufacturer is liable if someone mixes medications and is hurt or killed.

How Do You Win a Product Liability Lawsuit?

At the hospital, Monica was diagnosed with a concussion and she received several stitches to her arm. The longer she was in the emergency room, the angrier she became.

She had spent so much time researching her options, and still had purchased a faulty item.

The moment she was released, she searched for a personal injury lawyer in Henry County that works with people that have been injured by faulty products.

Monica made the right move. Winning a product liability case without a lawyer’s help is extremely difficult.

To prevail in a product liability case, you have to prove that a product was defective, and that the defect was the immediate cause of your injury or property damage. This is easier said than done.

In McDonough, product liability cases can be based on one of three criteria:

Strict liability: Product manufacturers and distributers have a responsibility for the safety of the items they sell.

Even if the manufacturer or distributor were careful and maintained proper oversight of their facilities, they can still be held responsible if a faulty product injures someone.

Negligence: If a manufacturer or distributer did not take reasonable care during production, they could be found guilty under negligence theory.

If the maker knew (or should have known) that the product’s design or manufacturing process could cause defects, your lawyer will recommend negligence theory.

Breach of warranty: According to the law, companies give warranties, both express and implied, that the items they make, sell, and distribute are fit to use as advertised.

If a consumer product does not live up to it intended purpose and a person is injured, the manufacturer or distributor could be found to be in breach of warranty.

For example, if someone wearing a “bulletproof” vest is shot and the vest does not protect the wearer, the manufacturer could be held liable under breach of warranty.

How a Lawyer Helps You Understand the Law

Monica had no way of knowing why the bar stool broke. She assumed, due to the misshapen post, that it was a manufacturing defect. But she couldn’t be certain.

Luckily, she was represented by experienced attorneys. Scott Key and Associates subpoenaed records from the chair’s manufacturer, including all versions of its blueprints.

We also hired expert witnesses who were familiar with furniture manufacturing. They gave us valuable insight into factory processes, and explained what could have gone wrong to cause the flaw.

Without her lawyers, Monica would have had to research her case herself. Attorneys have access to records and tools that laypeople do not, and she may never have uncovered the necessary information to prove her claim.

In the end, we reached a settlement with the company which produced the stools.

Monica’s medical bills and prescription fees were reimbursed, and she also received a payment equal to the wages she missed while she was at home recovering from her injuries.

Have You Been Hurt by a Defective Product?

If you live in McDonough and have been hurt by a malfunctioning consumer product, contact a law firm near you Scott Key & Associates right now.

All Henry County residents have the right to assume the products they buy are safe for use. Call our office right now at 678-610-6624 to schedule your free consultation.

* For client privacy reasons, the name and minor elements of this story have been edited.

McDonough Slip and Fall Lawyer

June 18, 2021/by J. Scott Key

In Henry County, property owners are required to keep their premises safe for visitors. While slips and falls are normally nothing to write home about, they can occasionally result in severe injury.

If you hurt yourself after slipping and falling on a hazard in a store, residence, or government building, the property owner could be responsible for your medical bills.

Any obstacle or hazard in a public space should be dealt with immediately. If a property owner or manager fails to keep their premises clear of obstacles, they could be found guilty of negligence.

Read on to see how McDonough residents are protected by law when visiting another’s property.

How to Contact a Lawyer to Handle Your Slip and Fall Claim

When you’re recovering from an injury, the last thing you should be doing is stressing over an insurance claim.

If you were hurt by another party’s negligence, call Scott Key & Associates right away. A local personal injury law firm can get you compensation without the stress of wrangling with insurers.

Many insurance providers are giant corporations with teams of in-house lawyers dedicated to swatting down cases – even valid ones. Without firm proof, you could lose out on the money that’s owed to you.

How Long Can I File a Slip and Fall Lawsuit?

Scott Key & Associates will ensure that you can compete against these well-funded defense teams and achieve justice.

If you or someone you love has been hurt, call an attorney without delay. In Georgia, the statute of limitations on personal injury cases varies. Depending on the circumstances of your accident, you may only have weeks to file your claim.

How Do You Prove a Slip and Fall Case?

Some accidents are exactly that: accidents.

There are certainly circumstances where no one is at fault for an injury. But many McDonough residents are unaware of premises liability laws, and do not realize that their “accident” was actually the result of negligence.

Negligence is what separates mere accidents from personal injury cases. If someone trips over their own feet and is hurt, there is no one to blame and no case can be made.

But if someone slips on a spill in a coffee shop and breaks their wrist, they may very well be able to sue the establishment for the cost of their medical bills. To win, they will have to prove that their slip was due to negligence.

To win a slip and fall case, your legal team will have to meet one of the following standards:

The property owner, manager, landlord, or an employee should have recognized in the course of ordinary business that there was a hazard and removed it. You must prove that a reasonable person would have seen the danger and had ample time to fix the problem before someone was hurt, but they failed to do so.
The property owner, manager, landlord, or an employee caused or created the obstacle which caused the injury, and that an accident was foreseeable because of this hazard.

As you can see, the property owner did not necessarily need to see the hazard in order to be held liable. If the problem was obvious and should have been noticed in the course of normal business, then they are liable if someone is injured.

Reasons a Property Owner in Henry County Could Be Held Responsible

Here are some common scenarios where a McDonough property owner could be found guilty of negligence:

Mopped floors are not marked with a “caution” sign
Broken handrails on a set of stairs
Uneven or broken stairs
Liquid on the floor of a grocery store is not mopped-up
An unmarked step down from a doorway

According to Georgia law, if such hazards cause a person to fall and hurt themselves, then the property owner is liable for their injuries and should cover the cost of any medical bills or other monetary losses stemming from the accident.

Of course, most owners are reluctant to admit liability, and will want to fight a claim brought against them – even though they are likely not personally responsible for the cost of reimbursing medical bills.

Can You Sue a McDonough Business for Negligence if You’ve Been Injured?

Business are usually covered by insurance policies, and it is the insurance companies who would end-up paying damages in a slip and fall case. Yet these corporations are no more likely to offer adequate compensation.

If you intend to bring a case against a McDonough business for a slip and fall case, it is imperative that you work with a lawyer. The liable party will try to discredit your version of events, and will likely claim that you caused the accident yourself.

An experienced personal injury lawyer in Henry County will know how to counter these allegations and keep the focus on the property owners’ negligence.

Slip and Fall Accidents on Commercial Property

When a slip and fall occurs in a commercial space – like a store, restaurant, concert hall or shopping mall – there are often multiple liable parties.

Your legal team will review the circumstances of your injury and decide who to pursue for damages. If you tripped over a cracked floor in a store at the mall, your attorneys may decide to bring suits against both the mall’s owner and the company which rents the property.

Slip and Fall Accidents on Government Property

While it is possible to hold local, state, and federal entities responsible for injuries on their premises, there are special requirements and immunity provisions that can make it more difficult to win these cases.

If you slipped and fell in a park, city building, or other government-owned property, you should speak with an attorney immediately. You will likely need to file your case quickly in order to meet the standards of Georgia’s ante litem laws.

Slip and Fall Accidents on Residential Property

Contrary to popular belief, you can sue negligent property owners or landlords in McDonough if you were hurt on private property, as well.

Many people believe that you can only bring a personal injury suit if you were hurt in a place of business, but that is not true. Any visitors to public and private property have a right to safety in Georgia.

If a renter or third party is injured by a hazard on a rental property, the landlord or superintendent may be liable. To win such a case, you will have to show that:

The landlord was responsible for upkeep of the space where the injury occurred
Repairing or removing the hazard would not have been unduly difficult or expensive
The accident would not have occurred if the hazard had been repaired or removed

Getting Medical Attention Can Save Your Case

If you slipped or tripped on someone else’s property and suffered a fall, your first emotion may have been shame. Many people would be embarrassed by the attention of a public injury and may try to shrug it off.

But if you have been hurt, you should not try to grit your teeth and move forward without a medical evaluation. You don’t necessarily need to take an ambulance straight to the nearest hospital, but if you feel aches and pains the day after a fall, you should visit a doctor as soon as possible.

Some injuries can seem minor right after they occur, only to worsen over time. Imagine you trip on a broken sidewalk in Richard Craig Park; your shoulder is sore, but you do not seem to be severely injured, so you do not visit a doctor.

However, over the next two weeks, the pain gradually increases, to the point where you can barely move your arm. If you visit the doctor now, they may be able to treat your pain, but there will not be evidence to connect your injury to your fall.

It would be extremely difficult to prove in court that the government is responsible for your medical bills without the proper documentation. You could end-up spending thousands on copays and physical therapy for an injury that you did not cause.

If you slip and fall in McDonough on someone else’s property, see a doctor as soon as you can. Make sure to closely follow their recommendations, and do not skip any follow-up appointments.

Going against your doctors’ orders could be used as evidence that you are not as severely injured as you claim. It is essential to follow your physician’s advice in order to win your case.

What Types of Slip and Fall Compensation Can I Receive?

By now, you know that you are not responsible for your medical bills if you were hurt due to another party’s negligence. But you could also be entitled to further compensation:

When you win a lawsuit, the money awarded to you is called “damages.” There are three main categories of damages in Georgia:

Special (Economic) Damages

Your legal team will likely seek to recover all the money you lost in the course of treating and recovering from your injuries. This could include:

Your medical bills
The cost of your medications
Expenses for home health aides or medical equipment
Estimated future costs (counseling, physical therapy, etc.)
Lost wages, bonuses, and tips from time missed at work

General (Non-Economic) Damages:

General damages are intended to reimburse you for things which cannot easily be assigned an economic value. You may be awarded general damages intended to cover the emotional toll of:

Pain and suffering
Disability, scarring or disfigurement
Loss of consortium
Loss of enjoyment of life

Punitive Damages

These damages are more rarely awarded, and are intended to punish the liable party and deter further misconduct.

Georgia law states that to receive punitive damages, the plaintiff must prove that the defendant acted with “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”

Usually, you would expect to see punitive damages awarded in a case of drunk driving or assault. However, depending on the circumstances, your legal team may seek them in another type of case.

Don’t Go Alone Against an Insurance Company

As mentioned earlier, your McDonough attorneys will likely be attempting to recover damages from an insurance company and not an individual.

Insurance companies are for-profit companies and are notorious for denying valid claims. These businesses are often massive corporations worth billions of dollars, and they will do anything to avoid paying-out on a policy.

You may be contacted by the other party’s insurance provider. You should avoid giving them any information without a lawyer present. Even seemingly innocuous statements can be twisted out of context and used by the insurer to deny your claim.

Once you do speak with an insurance adjuster, remember that they are serving their own financial interests, and do not have your wellbeing in mind. Insurance adjusters are trained to be charming and polite in order to put people off their guard and say things they should not.

How Insurance Companies Try to Win Slip and Fall Cases Against You

Here are some strategies you may encounter from insurance companies, and how to avoid them:

Offering a Quick Settlement: The insurer may attempt to offer an immediate settlement that is only a fraction of what you are owed. Many people get such an initial offer and think that they must agree, as it is the best offer they will get. You may even receive a check in the mail – do not cash it without consulting with an attorney. Once you accept a settlement, even a grossly undervalued one, you will not be able to bring a lawsuit against the company.
Blame You For The Accident: The insurance adjuster may try to get you to claim responsibility for your accident, abdicating their responsibility. Do not let them confuse you and misrepresent the accident. Furthermore, Georgia uses modified comparative fault rules, meaning that you could be eligible for compensation even if you were partially responsible for the accident in which you were injured. As long as you are deemed less than 50% liable for the accident, you could still receive damages.
Deny Your Claim: Insurance providers often outright deny claims for medical reimbursement. They may claim that your injuries are not related to the accident, or that they are not as severe as you claim. For this reason, it’s important to visit a doctor as soon as possible after an accident and to keep any records related to those appointments.
Postpone The Proceedings: When all else fails, the insurer may try to delay the proceedings as long as possible. Their hope is you will become so frustrated that you accept their settlement offer or drop your claim altogether. Do not let them abdicate responsibility in this way. If you have a valid claim, you should pursue it.

Do not accept any offer from an insurance company until you have spoken with your McDonough lawyers. It can be tempting to accept an offer simply to end the proceedings, but you could be leaving money on the table.

Hire a McDonough Personal Injury Attorney As Soon As Possible To Get a Settlement

Studies show that plaintiffs in personal injury cases who are represented by a slip and fall lawyer receive settlements an average of three times larger than those who choose to represent themselves.

Even straightforward cases can quickly become complicated, and it is easy for laypersons to become overwhelmed by the proceedings. Additionally, without extensive legal training, you are likely to miss nuances in Georgia laws that can strengthen your case.

Your lawyers will handle all negotiations with insurers and have both the experience and the resources that laypersons do not have.

It can take anywhere from several months to several years to settle a slip and fall case. If you are representing yourself, a protracted legal battle can be overwhelming.

An experienced Henry County personal injury attorney will be familiar with the stalling tactics of defendants, and will not be deterred by a lengthy negotiation process.

Furthermore, your attorneys will not accept a settlement offer without first informing you of its contents. If the insurance provider offers a settlement, your legal team will contact you, review the proposal, and advise you on whether they think it is suitable.

Will I Have to go to Trial for a Slip and Fall Case?

Your legal team will attempt to settle your case out of court before bringing it to trial, but this is not always possible.

Trials are typically more expensive and last longer than settlements, but it is sometimes impossible to reach an agreement with insurers. If the defendant’s insurer refuses to offer a settlement that will adequately reimburse you for your bills, your attorneys may recommend that your case go to trial.

Every slip and fall case is unique. The circumstances of your accident and severity of your injuries will help your team determine if going to trial is prudent.

If you do end-up going to court, your McDonough attorney can subpoena records, engage expert witnesses, and hire professional investigators. You will have an advocate before and during the trial.

McDonough Personal Injury Attorney Near You

If you or someone you love was hurt in a slip and fall accident in Henry County, contact Scott Key & Associates right now.

Call our office right now to speak to an attorney at 678-610-6624. We will be with you every step of the process to get you the justice you deserve.