Publications

Thought Leadership in Personal Injury


As thought leaders in our practice, we regularly write and speak in our areas of expertise. This includes writing a monthly practice column, Back Story, in Plaintiff magazine. We believe in sharing our knowledge with other lawyers – when we help each other, everyone is better served in their efforts to obtain justice. We’re providing some of our articles below. If you see anything that may help you – either as a lawyer handling a case or as a person with a claim – please contact us. We usually have more briefing and material on those subjects and we are happy to share it.

The pincer move

By | Lawyers

My partner and I were sitting in the hotel the night before trial. Across from us sat the defense lawyers for the forklift manufacturer and the company’s general counsel. Our client’s injuries stemmed from an incident where an Albertson’s employee, operating the manufacturer’s forklift, struck our client. The employee and Albertson’s said brake failure. The manufacturer said operator error. Because…

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Help! I need somebody

By | Lawyers

A few weeks ago I heard a noise from the bathroom. Our toilet kept running, ever so slightly, after getting flushed. I’ve addressed home plumbing problems before. I will readily acknowledge though I’m far better with a laptop than a pipe wrench. But I’m also a big, dumb male. This means I think I can do anything I put my…

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Settlement talks – it’s not over until the foreperson sings

By | Lawyers

We knew the case was tough. Taking on the employer in a tiny county is difficult. Our case made that look easy. The witnesses seemed to be going in well though. Granted, our client was hit with a couple (read significant) inconsistencies. But the defense lawyer’s approach—scorched earth—seemed to alienate a few members of the jury. Given the evidence, the…

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Second chair is much more than second fiddle – the role of the second seat in trial is to be present and anticipate

By | Lawyers

I watched the exchange from down the hall. I wasn’t quite sure what was wrong – a missing exhibit, exam outline, witness, or the lead attorney’s favorite pen. Obviously the second seat had done something that the lead felt was an error. The muted acidity in his tone virtually stripped paint from the hallway wall. “That’s going to improve the…

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Directing the direct when your witness is not an expert

By | Lawyers

Some time ago I was asked to help a lawyer with his first jury trial. He finished voir dire, opening, a cross-examination of a corporate witness under Evid. Code section 776. All were masterful, textbook. You could tell he practiced and studied. The next witness, late in the day, was a direct exam of a percipient. The defense lawyer, a…

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What the camera does not show

By | Lawyers

Turning surveillance video to your client’s advantage We were packing the last box for the trip up to Placer County when it arrived. Sub rosa [1], or surveillance, video of our client. We stopped packing to review it. Ten minutes of video shot over two separate five-day periods. Our client, with a neck injury, exhibiting a full range of motion…

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A Lawyer for all Seasons

By | Lawyers

Successful lawyering requires many different skills The jury panel sat in the box, in rapt attention. The man talking was one hell of a defense lawyer. Old school, pre-discovery act. He told stories – none of that computer slide show crap – and jurors listened. The plaintiff’s lawyer was nervous – as one should be when you dance with the…

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Relax, I’m a Professional

By | Bicycle and Pedestrian Safety

Understanding bicycling experts in the context of urban riding’s evolution The plaintiff’s lawyer sat in the conference room, hoping the expert would eventually answer her question. “I’ve been doing this for over forty years,” explained the bicycle expert in a condescending way, barely omitting a “little lady” at the end. “And during that time we’ve trained vehicular cyclists to…” The…

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Emison Cooper & Cooper LLP

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San Francisco, California 94111
Phone: (415) 434-2111
Fax: (415) 434-2112
Email: info@ecclaw.com

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