A collection of practical how-to articles for those working in and around the legal profession.
An informative advertising supplement to The Legal Intelligencer.
1
Specializing in the permanent placement of attorneys for law firms and corporations
throughout Pennsylvania, New Jersey, Washington, DC and the Midwest.
Elyse Leace, Esq.
[email protected]
Kristy Kapres
[email protected]
Our honesty, determination and professionalism
set us apart from our competition.
It is our goal to make every recruiting process
a successful & positive experience.
P.O. Box 754 • Plymouth Meeting, PA • 19462
610-277-5001 • Fax 610-277-5116
Toll Free 1-866-748-5001
www.leacekapres.com
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2010 How-To Guide | The Legal Intelligencer
Table of Contents
4How to Get People to Use New
Technology Tools (Westlaw)
12How to Ensure Economic Damages
Will be Presented Effectively at Trial
(Tinari Economics Group)
6How to: Know if You Need a Recruiter,
Select the Right One; Make the Best
Use of Your Selection (Abelson)
15 Finding the Right Expert Witness (West)
18Protect Your Client’s Future After
They Leave the Courtroom (UBS)
8How and Why to Use a Nurse Consultant?
(Alliance Medical Legal Consulting)
19Recommending a Personal Injury
Attorney for Your Injured Client
(Gillman & Levin, P.C.)
10Opening Your Own Practice
(American Executive Centers)
Copyright © 2010. ALM Media, LLC. All Rights Reserved.
Further duplication without permission is prohibited
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3
SPECIAL ADVERTISING SECTION
How to Get People
to Use New Technology Tools
Courtesy of Westlaw
Technology is great … if you can get
people to use it. And that is a very
important “if.”
New technology tools, including
applications such as software and online
services, can help people do their jobs
more efficiently and produce better work
product, allowing a firm or organization
to handle more cases and deliver greater
value to clients. But even the best, most
advanced applications will not be of any
benefit without a successful rollout to
potential users.
Here are a few tips to help ensure
adoption of new technology:
Plan, Plan, Plan
A firm or office often invests considerable
time, money and careful planning in
selecting new technologies. A similar
commitment needs to be applied to
planning the rollout of new applications
to ensure it will lead people to use this
technology as part of their daily work.
Adopting a new technology involves
many different facets: communications,
IT assistance, training and support.
There also may be several offices
and practice groups to coordinate.
Taking the time up front to map out
a comprehensive rollout plan and
accompanying timeline will go a long
way toward achieving the goals of
delivery and adoption.
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2010 How-To Guide | The Legal Intelligencer
Focus on the Launch
A key element to technology adoption,
a successful rollout begins with launch
communications. This communication
establishes awareness that there is
support at the highest levels. Some
organizations send out staggered
communications from key management,
practice leaders and IT department
heads beginning several weeks ahead of
the rollout. Not only do these messages
show managerial support, but they also
generate anticipation and excitement for
the new software product.
Ongoing Training and
Communications
Adoption is not merely a matter of
placing a new application on someone’s
desktop and providing a training class.
Communications and training must
be ongoing through all phases: before,
during and after rollout. Have trainers
and support personnel available for
follow-up questions. As people receive
their training, provide them with contact
information. Encourage them to reach
out to trainers with any questions or
problems. This will avoid frustration and
abandonment of the new technology.
Best practices suggest conducting
follow-ups, either as brief meetings or
one-on-ones, a few weeks after the initial
training. Users will likely have questions
or issues that they need answered or
managed. Also, you should gather
feedback on which aspects of training
were the most helpful; ask how people
are actually using the technology in
their work; and solicit comments on
how much time or efficiency has been
gained by use of the new tool. Distribute
and share the positive feedback and
comments regarding the use of the
technology. This will help to garner more
support and adoption.
Use Vendor Support
No matter how well training goes, some
people may have trouble with a particular
function or have a question that cannot
be readily answered. While your technical
teams understand the product or
technology, your vendor’s employees
have likely gone through whatever
temporary difficulty you may be
experiencing and can serve as a valuable
resource to address it. Some vendors
have specialized trainers, support staff
and online knowledge banks available
that can quickly tackle specific issues.
Don’t hesitate to go back to the vendor
and leverage its support teams — that’s
why they are there.
Enlist Practice Group Heads
Practice leaders have an important
stake in making sure their groups are
as efficient and productive as possible.
In addition, they can lead by example,
showing others in the group the benefits
of the new tool. Get practice leaders on
board as advocates. These individuals can
See ‘Technology’ on Page 14
5
SPECIAL ADVERTISING SECTION
How to: Know if You Need a
Recruiter, Select the Right One;
Make the Best Use of Your Selection
Courtesy of Abelson
Clients
It probably seems self-serving for legal
recruiters to ask if their services should
be used, but actually there is more to
a good answer than a simple “yes.”
There occasionally are times when firms
or corporations may decide they have
reasonable alternatives to using skilled
recruiters, and many times when their
own resources, whatever they may
be, are a wiser use of time and money
than calling upon less than the best
headhunter. But, as a general rule, when
you need talent — you need a talented
legal recruiter. Can you afford less than
the best, particularly in a market when
everyone is struggling to do more
with less?
Perhaps a little history will help lead
the discussion.
It used to be easy to find the right legal
recruiter. There were only a handful of
recruiters in the Greater Philadelphia
area, well known to the legal community,
working with every major firm and many
of the mid-sized firms in Center City and
in the suburbs. They did only permanent
(“direct hire”) or only temporary
(“contract”) attorney placement. They
were the experts in a still emerging field.
Over the years new groups of
“headhunters” have emerged. Some are
local offices of national companies; many
were originally employment agencies.
A few work only in a specialized practice
area, such as IP law. But, now, almost
all recruiters, no matter what their
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2010 How-To Guide | The Legal Intelligencer
origins, do permanent and temporary
attorney and paralegal placement.
Finding the recruiting agency that meets
all your needs, with sufficient staff to
provide quick and efficient service,
knowledgeable of and respected by the
legal community, now requires a little
work, but that work will prove to be an
investment that will pay off time and
again.
Legal employers looking for attorneys
or other legal staff with specific skills have
several hiring options:
• using a skilled recruiter;
• advertising in print and online;
• networking to “spread the word.”
But … advertising is expensive
and often unrewarding, as the best
candidates do not respond to “blind
box” ads, which provide no guarantee
of confidentiality. Employers using
their own names will be deluged with
dozens, even hundreds of resumes, all
of which will be require review, only a
few of which might be from qualified
candidates. Networking is inefficient,
usually relying more upon luck than skill,
and lets everyone know you want to hire.
Again, you probably will be besieged
with unqualified candidates.
The answer then is simple — call
upon an experienced recruiter who will
provide you only with pre-screened
candidates who meet your needs. Your
time and energy and that of your staff
are too important to squander reviewing
candidates who do not have the skill,
experience and personal characteristics
you need. So … what makes an ideal
recruiter?
The best legal recruiters:
• take time to get to know you, not just
the kind(s) of staff you need, but also
what makes your office unique. These
recruiters will recommend you to their
best candidates with conviction because
they have a real sense of who you are and
what you want;
• will be knowledgeable about your
needs and adept at assessing the
educational and personal attributes
that will mesh well with your office
environment. They are not looking to
fill a job, they are looking to secure for
you the best talent available;
• work as a team, so “your” recruiter
probably will be several talented
individuals, all working on your behalf;
• recognize they are in a service
profession, dedicated to meeting your
requirements;
• will assure their commitment to you by
always putting in extra effort;
• will be available when you need them,
providing mobile telephone numbers,
meeting you at your office or theirs,
as you prefer, working to meet your
schedule;
• will have some flexibility as to rates
and payment schedules, recognizing the
differing needs of individual clients.
See ‘Recruiter’ on Page 14
7
SPECIAL ADVERTISING SECTION
How and Why to
Use a Nurse Consultant?
Courtesy of Alliance Medical Legal Consulting
Q: How and Why to use a nurse
consultant?
A: Medical records and liability issues are
everywhere, plaintiff or defense, personal
injury, malpractice, criminal, nursing
home, government organizations and
private corporations. So exactly how
would a nurse consultant benefit you?
First, who does not know a nurse?
Nurses are an integral and daily part of
the healthcare scene. Registered nurses
(RNs) are knowledgeable and have
expertise on the healthcare system and
its inner workings. RNs can be found
in hospitals, nursing homes, hospice,
homecare, insurance companies,
physician practices, schools, government
organizations, private companies and
case management.
Organizations such as law firm and
insurance companies are working at full
capacity. When cases involving medical
records begin to pile up, hiring a nurse
consultant allows in-house nurses and
paralegals to focus and complete other
important activities. For small- to
mid-size firms, keeping a full-time
nurse consultant is not cost effective.
But having access to a nurse consultant
is vital to ensure important details in
the medical records are not missed.
In addition, if your staff nurse or
paralegal has an extended absence,
a nurse consultant can assist with
handling the review and summary of
medical records.
Government organizations and private
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2010 How-To Guide | The Legal Intelligencer
corporations utilize nurse consultants
for developing corporate strategies for
quality assurance, risk identification and
management, evaluation and control of
loss exposure.
A nurse consultant can add to your
efficiency, decrease the workload of your
support staff and increase productivity.
You are able to keep your overhead
costs of recruiting, benefits and other
personnel costs down by working with a
nurse consultant on an as-needed basis.
But who needs an RN on their team.
Any attorney, insurance company,
government organization/facility or
private corporation that has medical
records, medical related issues or
risk management concerns. Medical
records, medical information and risk
management are not limited to personal
injury or medical malpractice.
A RN can be consulted in medical
and nursing malpractice cases involving
the professional negligence of a
healthcare provider or the negligence of
a healthcare facility, such as a hospital,
nursing home or homecare agency.
The RN consultant can screen cases
for merit, research standards of care,
research medications and diagnoses
and summarize the medical records in a
narrative or timeline format.
A RN can be consulted in personal
injury cases to review and interpret
medical records, develop pain and
suffering charts, create demonstrative
evidence, explain injuries/treatments
and serve as a fact witness. These cases
can include premise liability, auto
accident, liquor liability, water and
sports injuries.
A RN can be consulted in cases
with insurance liability to determine
reasonableness of a medical bill or
relationship of a medical bill to the
alleged damages or injuries.
A RN consultant can review medical
records and create narrative summaries
for cases involving the liability of
manufacturers and sellers of a product
to buyers, users and even bystanders
who allege damages or injuries as a result
of a defective product, including medical
device and drug-related cases and nonmedical devices.
A RN can review medical records,
creative narrative summaries, provide
research and find experts for cases
involving alleged damages or injuries
resulting from the release of toxins
into the environment, such as toxins
from electromagnetic fields, asbestos,
hazardous chemicals, mold and lead.
A RN can review medical records,
create narrative summaries, assist with
identifying pre-existing conditions,
attend independent or defense medical
examinations and explain injuries/
treatment in cases involving job-related
injuries arising out of and in the course
of employment, such as equipmentand machinery-related injuries, injuries
caused by objects striking workers, back
See ‘Nurse’ on Page 20
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Nursing or Medical
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Criminal
9
SPECIAL ADVERTISING SECTION
Opening Your Own Practice
Courtesy of American Executive Centers
After a tumultuous couple of years in the
legal industry, more and more attorneys
are separating from bigger firms and
looking to open their own legal practice.
One of the first hurdles of starting a new
practice is deciding where and how to set
up your office. The options available in
today’s marketplace vary with the most
conventional ranging from opening and
staffing an office, to subletting an office
from an existing law firm, or opening an
office at an executive suite.
While traditional space tends to be
the initial direction many attorneys
explore, it can be quite daunting once
assessing the start-up and ongoing costs
involved, including: office furniture,
equipment and technology, utilities, and
administrative staff. Subletting office
space from an existing law firm, where
staff and equipment can be shared, will
significantly decrease costs. However,
keep in mind, there are several pitfalls
when subletting, including: 1) the
practice’s image is compromised, 2) the
support team’s loyalty is to the firm you
are subletting from, so support and use
of equipment tends to be limited, 3) it
is often difficult to gain access to shared
facilities, such as deposition and break
out rooms.
While traditional or sublet space might
make a good fit for some, the executive
suite is specially designed to cater to
attorneys’ needs. At American Executive
Centers, the Delaware Valley’s premier
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2010 How-To Guide | The Legal Intelligencer
executive suite, through a bundled
package named The Legal Facilities at
AEC; attorneys can have their practice
up and running within a day, an
invaluable savings of time and money.
Whether it is a Virtual Office or a
furnished, private office, American
Executive Centers provides attorneys
with all of the necessary tools and
support they need to succeed, including:
elegant reception areas, fully equipped
and professionally appointed deposition
and break out rooms, on-site technology
management, reception, administrative
and paralegal support.
Attorneys enjoy the full service
office solutions available at American
Executive Centers, making it easier
for them to concentrate on booking
more billable hours. From business
development and marketing assistance,
to in-house paralegals; from an onsite notary and bookkeeping, to IT
support, attorneys have a wide-range
of assistance available to them on an
as-needed basis. Additionally, American
Executive Centers’ seven convenient
locations, including Radnor, Exton,
King of Prussia, Plymouth Meeting, Bala
Cynwyd, Center City, and Marlton, NJ,
offer an added convenience to attorneys
and their clients, giving them access to
conference and deposition rooms at all
seven facilities.
After 20 years building a flourishing
litigation practice representing some
of the world’s leading construction
equipment manufacturers, Joe Trabucco
and Stephen Menard decided they
wanted to escape conflicts and adjust
their rates to reflect the prevailing
market and better serve their clients.
Once their business plan was in place,
the next step was to find the right office
location. They looked into traditional
office space, but realized it wasn’t the
right fit, as it was not cost-effective and
would not help them achieve the goals
of their business plan. That’s when they
explored the executive suite concept and
learned about the associated advantages.
“The executive suite is a much more
practical and efficient alternative for
our firm’s operations,” said Stephen
Menard. The support services provided
by American Executive Centers got
Joe and Stephen’s practice, Trabucco
& Menard, up and running in a day!
“American Executive Centers’ King of
Prussia Center Manager, Gwen Donnon,
and staff made the transition for us not
only seamless, but exceptionally pleasant.
We couldn’t believe that we were able to
be productive the first day!”
Matt Wynn and Ray McGarry
found American Executive Centers
to be the perfect arrangement for
launching their new practice, Wynn
McGarry LLC. “American Executive
Centers made it possible to get our
practice off the ground running,” said
See ‘Practice’ on Page 20
11
SPECIAL ADVERTISING SECTION
How to Ensure Economic
Damages Will be Presented
Effectively at Trial
Courtesy of Tinari Economics Group
How can the litigator ensure that
economic damages will be presented
effectively at trial?
Your case hasn’t settled — you are going
to trial. Your final expert witness is likely
to be your economist. How do you
prepare yourself and the expert for that
moment?
Communication between expert and
attorney is critical so that a method for
the expert’s oral testimony can be agreed
upon, thereby generating a shared sense
of comfort and confidence. First, it is
appropriate for the expert to discuss his
or her potential weaknesses with you.
These could include testimony that may
have been given in other cases that used
different methods, assumptions or data
sources, or damaging cross-examination
questions posed to the expert in
prior case testimony. A discussion of
weaknesses in the present case is also
needed. Shaky foundation facts and/or
assumptions can leave the expert out on
a limb during cross-examination. Such
potential problems as well as possible
effective responses need to be discussed.
By the time the economic expert is
called to testify, the jury has already
heard quite a bit about the case. Some
of these facts may differ from the facts
assumed by the expert as the basis for his
or her opinion. When that happens, last
minute changes may have to be made
in the expert’s analysis and conclusions.
Since this could be challenging to do on
the fly, it is important for you to keep
your expert apprised of the twists and
turns of the case. Otherwise, the expert’s
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2010 How-To Guide | The Legal Intelligencer
opinion could be seriously challenged
and could be dismissed by the jury as
irrelevant.
It is important to have a pre-trial
discussion of the questions that you
plan to use to guide the testimony.
Experienced experts often provide a
short list of suggested topics or questions
to assist you. For experts with limited
trial experience, a careful questionby-question review by the attorney is
recommended. Experienced experts may
not need such detailed question-byquestion preparation. Rather, you can
pose broad questions and let the expert
expound. But you still need to listen
carefully and ask clarifying questions
if you feel that the jury does not
understand something.
Expert reports come in all shapes
and sizes. Lots of narrative ... little
narrative. Several charts ... one or two
large spreadsheets. It takes some thought
and preparation to go from the expert’s
opinion embedded in his or her report
to demonstrative evidence that will aid
the jury in understanding the expert’s
methods, assumptions and calculations.
The expert’s oral testimony, not his
or her report, becomes the evidence
provided to the jury. The task is to have
the expert translate complex and busy
spreadsheet calculations of lost earnings
and services into an understandable
story. These calculations are usually
divided into past and future losses, and
would rest on certain assumptions and
background facts. The expert’s task in
presenting oral testimony is to convey
clearly and concisely the essence of his
or her findings and opinion in a manner
that engages the attention of the jury.
The expert in the witness box is watched,
listened to and sized up by jurors who
judge not only the content of what is
being said but the expert’s credibility and
competence.
Most economic experts have
learned that visual aids are needed to
communicate lengthy and often complex
data. In preparing visual aids, the expert
must adopt the perspective of typical
jurors. So, inform your expert about the
jury — their backgrounds, education,
etc. By alerting your expert in this way,
you will be helping in the preparation of
visuals and the manner of presentation
to the jury.
To present visual or demonstrative
evidence, one way is to have enlarged
charts made up ahead of time. These
are typically made by law firms by
extracting charts and tables found in the
expert’s report and sending them out
to be converted to blown-up charts on
stiff board. Then, during the economic
expert’s testimony, the charts are placed
before the jury to illustrate and help
them understand what is being said.
The expert should guide the attorney in
the selection of what is to be presented
and give advice on what modifications,
if any, should be made for presentation
to the jury. It may be necessary to make
substantial changes in some respects to
the charts, formulas and tables contained
in the expert’s report.
See ‘Litigator’ on Page 21
13
SPECIAL ADVERTISING SECTION
Technology
Continued from Page 4
champion the technology and project
effort. Their presence and buy-in can
also encourage attendance at key kickoff,
training and rollout meetings.
Understand Roles and Workflows
Attorneys, paralegals and staff all have
different responsibilities and ways of
managing their workflows. Different
practice groups will have different
needs. Target each training class to the
specific needs and responsibilities of
each group. The training will be more
meaningful to participants and will
better demonstrate the value of
adopting the technology.
Keep It Simple
Technology can be intimidating to
many people. Once comfortable with
a tool, many people are reluctant to
switch and learn how to use a new one.
It is therefore very important to keep
training, handouts and written materials
as concise and simple as possible. Quick-
Recruiter
Continued from Page 6
The same principals apply to finding
and utilizing the right recruiter to help
with temporary staffing needs. You
will get just the person you want, at an
agree-upon price for just the time you
need. Within a few hours or days, the
ideal recruiter will supply everything
from document review specialists to
experts in almost every practice area.
To make the best use of your
recruiters, talk to and listen to them.
Let them know everything about your
position that is important. Let them
know why the position is a good one,
using quantifiable measures wherever
possible. Do you have a particularly
good record of associates making
partner? Do you have outstanding
benefits? Will you include pro bono work
in counting attorneys’ billable hours?
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2010 How-To Guide | The Legal Intelligencer
reference guides, tip sheets and FAQs
are more likely to get read than lengthy
user guides. Given workloads, it can be
difficult for some people to commit to
long training sessions. If a person can
spare only 15 minutes at a stretch, use
that time for brief, yet focused training.
Use Incentives
Giveaways, contests and prizes can
encourage people to learn about, train
for and use new technology. Scheduling
trainings and meetings around lunch
will catch people at a time when they
want to take a break, and serving food
will definitely entice attendance. Don’t
underestimate the power of a prize to get
people to try something new.
Look for Opportunities to Softly Sell
In addition to a well-orchestrated
campaign to bring users on board,
look for spontaneous opportunities to
demonstrate new technologies. How
many times has there been a meeting
where an attorney says, “I wish I could
do this” or “I’m really having a problem
with that.” Show users how the new
When your recruiters present a candidate
you like, or don’t like, let them know
why. It will make it easier for them to
refine their search. If they have
suggestions about how to better
fill your opening, (perhaps a more senior
candidate will have the exact skill set you
want), listen to them, and share your
feelings about the suggestions. Open
communication is the key to almost
every successful relationship, including
the one with “your” recruiters.
Candidates
For candidates, i.e. attorneys or paralegals looking for positions, there is
little reason not to use a good recruiter,
particularly as there is no fee to candidates. Law firms or corporations looking
to hire new attorneys or paralegals (less
than two years’ experience) probably
will do well, without incurring a fee, by
going directly to law school placement
application can tackle a specific issue
that they are facing.
It’s easy to get excited about a new
piece of equipment or application.
After all, the organization made a
commitment to purchase the technology
to help people do their jobs better.
While enthusiasm is great and can help
convey a sense of excitement to people,
it’s important that users understand
what the application can and — just as
importantly — cannot do. Users often
want a new technology to magically erase
all of their pain points. Be specific on
what problems the application addresses.
In the end, new technologies are tools
that can help improve efficiency. And
how much benefit an organization derives
largely depends on how successfully a
new technology is deployed to its users.
That takes time, effort and patience. But
the payoff is more-productive attorneys
and staff who can deliver better value to
their clients. 
By Cindy Bowmaster, Senior Project Manager,
Client Services, Thomson Reuters, Legal
and accredited paralegal school offices.
Mid-level associates, partners and
senior paralegals, however, need to identify a recruiter who will listen to them
and who will understand their career
objectives, while fully protecting their
confidentiality. Remember, good headhunters also recruit and match attorneys
and paralegals not actively looking with
exciting career opportunities that meet
their specific career goals. Oh, and one
caveat: Never bother with recruiters
who can’t be bothered with you. There
is no excuse in these technologic days
not to respond quickly, even if it’s only
an email to let you know additional
information will be forthcoming. 
Sandra G Mannix, Senior Attorney Consultant,
Abelson Legal Search
SPECIAL ADVERTISING SECTION
Finding the
Right Expert Witness
Courtesy of West
What is an Expert Witness?
Expert witnesses are persons with proven
specialized knowledge of a specific area,
permitted to testify in court about an
event or events at which they were not
present.
In 1993, the United States Supreme
court ruled, in Daubert vs. Merrill Dow
Pharmaceuticals, that federal trial judges
must be “gatekeepers” of scientific
evidence, determining whether an
expert’s testimony is both relevant
(i.e., pertinent to the case) and reliable
(i.e., derived from the scientific method.)
When do you need an expert?
Generally, you need an expert when a
critical argument of your case relies on a
specific point of knowledge that laymen
don’t have. Thus, laymen would know
the general fact that boiling water can
scald a hand. However, you would need
an expert to testify to the specific fact
that exposure to boiling water over a 3
second duration can cause third degree
burns.
What sort of questions should you
consider when evaluating experts?
What do I want the expert to
be able to state authoritatively in
a report or on the stand?
Once you’ve determined what you want
an expert to state, your next task is to
find someone with the communication
skills and reputation to state it eloquently
and credibly.
How good are the expert’s
communication skills?
Make certain that the expert can
communicate clearly in multiple settings
and formats. For example, a wellpublished academic, might be unable to
string two sentences together verbally
when testifying. Or a verbally glib and
accomplished electrical engineer, with
multiple patents, may not be able to
write a grammatically correct paragraph
for a report.
How long will you need the expert?
One common problem in working
with experts is that of scheduling — particularly when you’re trying to juggle
the schedules of the court, the lawyer,
and the expert.
Typically, clients need experts for a few
hours fairly early in the legal process, to
discuss strategy, confirm assumptions,
and generally consult. This can be a very
critical period.
There usually follows a period of
intense work for the expert, formally
preparing for the case by writing a report
and/or being prepared for testimony.
Some cases go promptly to trial; others
may be scheduled far down the line.
Knowing the above can help you
find an expert who can work within
your parameters.
What is the expert’s geographic
location?
An expert’s location can be important for
three reasons.
• Cost: It’s cheaper to have an expert
take a 30 minute taxi ride than a 6 hour
plane ride.
• Efficiency: While some telephone or
Internet client/expert relationships are
fine, many clients prefer face-to-face
interaction to get a better sense of the
expert and the case.
• Jury relationships: Frankly, some
juries may want someone that they can
relate to in some way. It is not at all
uncommon to get a client who wants,
for example, someone who speaks in a
regional accent similar to that of the jury
pool. This can go both ways, however:
sometimes an out-of-towner can be a
better strategic choice.
What is the expert’s reputation?
What kind of reputation do you need
your expert to have? Impressive titles
do not always equate with impressive
expertise. Do you want an expert with a
reputation within the legal community
as a Hired Gun? Pit Bull? Newbie? There
are advantages and disadvantages to each,
which you should consider.
What do you want the expert to do?
Different tasks — such as report writing,
testimony, consulting, working with
your clients, pre-case consulting,
depositions/testimony, and post-case
closure — require different skills.
Be clear about what skills will be most
important for the expert you retain.
See ‘Witness’ on Page 16
15
SPECIAL ADVERTISING SECTION
Witness
Continued from Page 15
Finding the right expert. Now that
you know what you want, how do you
go find it?
Basically, there are two approaches.
Let’s look at the advantages and
disadvantages of each:
1. Do it yourself
This is the traditional way. Most
attorneys look to in-house referrals, ask
colleagues, or consult the firm’s files,
and/or run a Google search.
The advantage of doing it yourself is
that the whole process is in your hands.
You know the case, the clients, and what
you need.
The downside of doing it yourself is
time/cost, and skill.
Your time is expensive, and you
probably have a very limited number of
hours to spend each day on an expert
search. Also, you may not have much
experience or skill in specializing in
expert searches.
If you do decide to do it yourself, or
have an assistant in-house do it, there are
some resources that can assist you.
• Subscribe to resources such as
Westlaw® Expert Center. These can
be excellent resources for reviewing
literature on a particular topic, to identify
and evaluate experts in a field.
• Search university web pages for
departments that focus on the needed
area of expertise, and look at the faculty
bio pages, which will include links to
their class lists and their publications.
Once you’ve identified likely candidates,
call them, discuss what you need, and see
if they have referrals.
• Look for websites for conferences
that seem relevant to your topic. Many
such websites will post the names
and information presenters and panel
members, who may be excellent expert
candidates.
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2010 How-To Guide | The Legal Intelligencer
• Identify relevant professional
associations. While membership lists are
usually not publicly accessible, you can
usually contact the leadership, explain
what you need, and get a referral. Alternatively, you can have someone else
do the search for you.
You are hiring an expert for your case;
why not hire one for your search?
2. Use a search firm
There are four main advantages to hiring
an expert-search firm:
• Skill: Most are good at it; it’s all
they do, and they assign skilled and
experienced professional searchers to
look on your behalf.
• Resources: These firms maintain
extensive live networks of experts, as well
as rich databases of information about
experts
• Time: Significantly less of your time is
spent searching for an expert.
• Less Up-front Cost: Many expert service
firms will discuss your case, ascertain
your expert needs, perform an extensive
and rigorous search, present resumes
of experts, and arrange interviews at no
charge.
The disadvantages of hiring an expert
search-firm include:
• Such firms cost money, usually set as
a flat ‘finder’s fee’ or an add-on to the
expert’s hourly rate.
• If the firm doesn’t clearly understand
your needs, you may not get exactly the
right expert.
• When using a search firm, taking some
extra time in the beginning can really pay
off down the line.
• Be certain an expert witness firm
clearly understands what kind of expert
you need, when you need the expert, and
what you want that expert to do.
• Help avoid potential conflicts by
disclosing party names to the search firm
and to experts
• Establish communication check points,
so that you receive progress updates
regularly.
• Be certain that all cost issues are clearly
established.
• Discuss all special requests such
as literature reviews, sanitized case
descriptions, daily check ins, budget
limits on experts, etc.
How do you know you’ve found the
right expert?
A resume is just a piece of paper with
words that can as easily be fiction as
reality. When evaluating an expert, be
sure to:
• Check the expert’s track record. Use
Westlaw Expert Center to assess an
expert’s courtroom experience. Has the
expert represented primarily plaintiffs
or defendants? What have been the
outcomes of cases in which the expert
testified? With which attorneys or parties
has the expert been associated? Before
which judges has the expert appeared?
How often has the expert’s credentials
or testimony been challenged — and with
what rate of success?
• Check references. Every good expert
can provide you with references. The
best of these are previous clients.
• Verify the resume. If an expert claims
to have been on a presidential advisory
panel, there will be evidence of that.
Spot-check articles they have written, or
identify the most relevant articles and
ask for copies. This is especially critical if
you’re worried about a Daubert check.
• Talk to the expert’s colleagues. Have
they ever heard of him/her? What the
expert’s professional reputation?
• Check for Conflicting statements.
Always ask experts if they have ever made
contradictory statements on this topic
in their career. Then, review their work
(publications, testimony, conferences etc)
to ensure continuity of opinion.
All this checking and verifying may
be a bit time-consuming and tedious.
But the payoff will be a qualified and
credible expert who can make a major
contribution to your success in a case. 
17
SPECIAL ADVERTISING SECTION
Protect Your Client’s Future
After They Leave the Courtroom
Courtesy of UBS
Protect Your Client’s Future After
They Leave the Courtroom:
Critical Investment Considerations for a
Plaintiff’s Attorney
Court cases these days are often
extremely complex and have many
moving parts. As a plaintiff’s attorney,
once a verdict is reached or a settlement
is agreed upon there are things that
need to be done. An additional layer of
complexity may be involved if you are
faced with one of the following situations:
• Children
When a child is involved, a guardianship
or trust might be necessary. Approval
will be needed by the Orphan’s Court.
• Special Needs Trusts
If your client is receiving aid from the
state for medical reasons it might be in
your client’s best interest to establish a
Special Needs Trust (SNT) so as not to
disqualify that aid. • Structured Settlements
If your client has little experience or
knowledge with financial planning or will
not be disciplined with a large sum of
money, it may make sense to structure a
portion of the funds.
These are difficult situations that
require guidance from experts. At
this point it makes sense to engage an
experienced wealth management team
that can help your client begin the next
phase of his or her life. The right team
will make your life easier as you do the
right thing for your client. This group
should have experience and expertise in
18
2010 How-To Guide | The Legal Intelligencer
the following areas:
• Trusts
This team should have access to a world
class trust company
• Court Approval
This team should have a working
knowledge of the logistics involved with
helping you get court approval for your
petition
• Wealth Management
This team should have flexibility to
create personalized investment plans, so
your client is not put into a model that
might not address all of his or her needs
• Trust Documents
This team needs to have relationships
with estate and trust attorneys who will
put the proper documents in place
• Global Strength
This team should have the backing,
resources, and stability of a large global
wealth management firm
I have built a wealth management
team at UBS that will sit down with
an attorney and client after a case is
resolved and help the client begin the
next phase of his or her life. Money
management can be a huge and
overwhelming responsibility. I have seen
too many individuals with no experience
in financial matters make all the wrong
decisions. Ultimately your clients who
are adults will make their own decisions
and live with those consequences, but
I feel that in many instances some
direction and guidance goes a long way.
As a certified wealth adviser at UBS,
my team and I become the point
people in your client’s financial life. We
understand the logistics that you need to
go through with the court and can make
your life easier as you are doing the right
thing for your client. We have access to
two trust companies, create personalized
wealth management solutions, and work
closely with estate and trust attorneys to
put the proper documents in place for
you. Drawing upon the extensive global
resources and capabilities of one of the
world’s largest wealth management
firms our team specializes in taking
care of attorneys and their clients with
professionalism and expediency. You
have spent enormous time and resources
to create a fund to sustain a family’s
well being. It is at this time that we, as
financial professionals, will solidify these
assets.
Putting a plan in place is only the first
step. Once things are in motion our
team will be the first phone call that
your client makes whenever they have
a question or concern about anything
having to do with finances. Those calls
are answered by a live person (one of our
5 member team) that will know their
situation intimately. Regular reviews and
client meetings are strongly encouraged.
In a constantly changing world our
commitment is to evaluate our clients’
progress and keep them on track to
achieving their goals. Our scope ranges
from very simple FDIC insured CDs
See ‘Courtroom’ on Page 21
SPECIAL ADVERTISING SECTION
Recommending a Personal Injury
Attorney for Your Injured Client
Courtesy of Gillman & Levin, P.C.
Many attorneys who do not handle
personal injury cases are eventually faced
with the situation where they have a
client, a friend or even a family member
who suffers an injury in an accident
and seeks a recommendation from you
for a lawyer who can handle their case.
How you handle this situation is every
bit as important as how you handle
your own cases, since the quality of the
representation your client receives reflects
directly on you — after all, you are the
referral source.
When recommending an attorney, you
should be certain that the attorney you
recommend is proficient in his or her
practice area. Arguably, this is a matter
of professional responsibility, although
it’s undoubtedly also a simple matter of
good client relations to look out for your
injured client’s interests.
When recommending a personal injury
attorney, there are some important things
to bear in mind. First and foremost,
recommend an attorney who limits
their practice to personal injury matters.
As in any field of law, specialization
matters. Tort law and the related areas
of law which impact on it have grown
increasingly complex. For example, in
motor vehicle accidents in Pennsylvania
and New Jersey, differing “tort
thresholds” can frustrate or even prevent
recovery of damages unless injuries are
properly evaluated and documented.
Many other difficult problems abound
in modern tort litigation as well. Issues
such as ERISA subrogation, special
needs trusts and Medicare set-asides
demand knowledgeable counsel even
after a case is resolved. There are many
minefields which await the practitioner
who does not stay abreast of current
developments in the law. At Gillman
& Levin, we’ve developed a specialized
emphasis on motor vehicle accident
litigation, including motorcycle and
truck accidents, which demand special
attention, and constantly monitor the
developing areas of the law which affect
our clients’ rights.
It is also important to recommend
only attorneys who provide smart
representation. In many cases, and
especially the most serious injury cases,
getting a client adequately compensated
can require thinking outside the box.
State mandated minimal liability
insurance requirements for motor
vehicles, for instance, have resulted
in countless “coverage tragedies” in
which the limited available insurance
coverage doesn’t come close to getting
a client fairly compensated. What do
you tell the client facing hundreds of
thousands of dollars in medical bills
after an accident where the defendant
only has $15,000 in liability insurance
coverage? It takes careful consideration
of all the possibilities in order to obtain
the maximum recovery, especially when
dealing with serious injuries and the
financial catastrophes they can cause.
At Gillman & Levin, we’ve
encountered these unfortunate situations
many times, and always strive to look
for innovative solutions to maximize a
client’s recovery. In some cases, we have
been able to identify product or roadway
defects which contributed to an accident,
opening the door to additional avenues
of recovery. When alcohol may be
involved, we carefully consider potential
dram shop liability. Likewise, through
diligent investigation, we have been able
to reach additional layers of insurance
coverage, and even obtain excess
verdicts and settlements over and above
stated policy limits through aggressive
representation of our client’s interests.
Simply stated, it isn’t possible to
properly handle a personal injury case by
checklist. Every case needs to be carefully
examined and an appropriate strategy
determined. When you recommend an
attorney for your injured client, you
should feel confident that your client is
going to be represented by someone who
will thoroughly think the case through to
maximize the available recovery.
To do this, you should always speak to
the attorney yourself. Talk about the case
and discuss the facts. Get their feedback,
and satisfy yourself as to their abilities.
Let them know about any special
considerations that may exist, such as the
client who was already disabled before
her accident. Special considerations can
apply to such plaintiffs, and ensuring
your client is adequately represented
means having a thorough discussion
See ‘Attorney’ on Page 21
19
SPECIAL ADVERTISING SECTION
Nurse
Continued from Page 8
injuries and auto accidents.
A RN can review medical records,
create timelines, narrative summaries,
explain injuries/treatment, identify
contributing factors and serve as a fact
witness in criminal cases involving any
act that society has deemed contrary
to the public good because the act is
injurious to all of society and violates the
peace and tranquility of the community,
such as: driving while intoxicated (DWI)
or driving under the Influence (DUI),
sexual and physical assault cases, child,
Practice
Continued from Page 10
Matt Wynn. “From the experienced,
friendly professionals handling our
calls to the on-site paralegals who were
ready to assist, the process exceeded
our expectations. The support and
professional image also created instant
credibility for our firm, which ultimately
made a difference in helping us to
grow quickly.”
For Scott Reidenbach of Reidenback
and Associates, LLC, starting his own
law practice was a big step for him three
years ago, as he was understandably wary
of the anticipated overhead, expenses
and staffing needs. Through American
Executive Centers’ Virtual Office
program, Scott was able to branch out
on his own without his initial worries
of locking into a long-term lease,
which at the time he thought might
prevent him from moving or growing
as his practice expanded. Within a few
months as a virtual office client, Scott
Reidenbach quickly moved into one,
and eventually four, private offices at
American Executive Centers. “It was the
professional and friendly staff, modern
accommodations, and state-of-the-art
20
2010 How-To Guide | The Legal Intelligencer
spouse or elder abuse cases, a victim of
a violent crime, Psychiatric defenses and
psychiatric issues, Medicare fraud and
abuse cases and excessive use of force by
law enforcement.
If you thought you could not use
a RN with your medical records in
your practice setting, here are some
ideas to consider. A RN can review
and interpret medical records, explain
diagnosis/treatment, explain injuries/
treatment, create narrative summaries,
attend independent or defense medical
examinations, explain contributing
factors and assist with researching and
explaining government regulations in
cases such as family law (e.g., custody
battle), probate (e.g., competency
issues), Right to die, Social Security
benefit issues, Medicare benefit issues,
bad faith litigation against insurance
company for failure to pay a claim or
for denial of access to specific care or
treatment, elder issues (e.g., abuse,
conservatorship) and healthcare
professional board disciplinary actions
Alliance Medical Legal Consulting has
nurses available in various specialties and
experience to work with you for your
success. 
technologies that enabled me to rapidly
expand my practice,” said Reidenbach.
“American Executive Centers provides
my clients with a superior level of
service, value and support comparable
to most large law firms. I can’t foresee
starting a new practice any better way!”
While many American Executive
Centers’ clients choose a private
office, the Virtual Office program
is a great fit for those attorneys, like
Scott Reidenbach, who prefer to start
their practice with complete flexibility,
minimal overhead and commitment.
It’s also a great arrangement for
attorneys who have a multi-county
practice, allowing them to use multiple
executive suite locations to better serve
their clients. Virtual Office clients have
access to all the advantages of a private
office lease, including a prestigious
business address, business phone
number handled by a team of
professional receptionists, conference
rooms, and inclusion in the office
building directory. The Virtual Office
programs offer complete flexibility and
are very cost-effective, allowing you to
pass the savings on to your clients.
“We’ve been successfully helping
both attorneys launch and grow their
own practices, and law firms ‘right
size’ their business to reduce costs
and increase revenue, for the past
twenty-seven years,” said G. Michael
Howard, President, American Executive
Centers. “With the extreme challenges
the legal industry has recently faced,
we made it a priority to expand our
efforts to maximize support for lawyers
through our Legal Facilities at AEC
office solutions. At American Executive
Centers, we are committed to our
clients’ success. From the most strategic
business locations and our impressive
office environments, to our professional
support service teams who are carefully
chosen to support your business needs
and are thoroughly trained in all aspects
of office technology, our goal is to
help our clients succeed — at a price
that’s affordable.”
Call us TODAY at 800.736.6034 to
learn more about American Executive
Centers and how we can HELP YOU
successfully start your own practice
and have an Instant Prestigious Office
with a complete team of business
support professionals, including
paralegal support. Or, visit our website
at www.americanexecutivecenters.com
for more information. 
SPECIAL ADVERTISING SECTION
Litigator
Continued from Page 12
Attorneys like blow ups because they
can be referred to in closing arguments
to drive home the value of losses in the
case. But it may take several days to have
them made up. So if any foundational
testimony differs from what the expert
assumed, or if a ruling by the judge limits
what the expert may testify to, then
there may very well occur a scramble
to substitute other charts or to use
another method to present the expert’s
testimony.
Some economic experts use a laptop
and projector. But that could get
complicated due to technology glitches.
Further, opposing counsel could ask the
expert to make new calculations based
on hypothetical assumptions. This puts
the expert in an unplanned and often
uncomfortable position. In effect, the
other attorney is using the expert to
achieve his or her own goals without
the necessity of bringing in an opposing
Courtroom
Continued from Page 18
to complex institutional investments
depending on the situation.
Growing up with a trial attorney for
a Father I have had a front row seat and
have developed a strong appreciation for
what it takes to do your job. I have sat in
Attorney
Continued from Page 19
about the case, including any potential
problems it may have.
Ask the lawyer the questions your
client will want to know. Ask about
the contingent fee the lawyer charges.
When referring an important client of
your own, ask the lawyer about his or
her policy on referral fees or fee sharing,
where appropriate. It is surprising and
disappointing how often disputes arise as
to referral fees. Certainly, you will want
to satisfy yourself that your thoughtful
referral will not result in such a dispute.
At Gillman & Levin, referrals from
other professionals are the heart of our
economic expert.
Testifying experts at our firm use a
projector that accepts flash drives.
Charts and figures are put on a flash
drive, and the stand-alone projector is
used to present them at trial. Only one
piece of equipment is brought to the
courtroom. Exact hard copies of the
slides to be projected are provided to
the retaining attorney who, in turn, may
choose to share copies with opposing
attorneys and the judge. The hard copy
can also be marked as an exhibit for
subsequent reference in the case.
It is very important to review the
expert’s demonstrative charts ahead
of time. Make sure all charts and tables
are absolutely clear to the lay reader.
Terminology should be simplified. For
example, instead of using >dob= or >date
of birth=, it is better to use >born=.
Change technical jargon to everyday
language. Instead of Aannual growth
rate@ it is better to use >yearly increase=.
The same applies to mathematical
formulae or expressions. For example,
wherever possible, it is better to use
percentages instead of decimals.
The amount of information presented
in any given slide or chart should be
relatively modest. A busy or crowded
chart would make the jury’s eyes glaze
over. Small font size could be a killer if
the jury cannot see clearly what is being
presented. Clear and bold headers are
also important in delivering targeted
information to the jury.
Coordination between attorney
and the expert is essential for effective
presentation of trial testimony. As part
of this planning, the expert needs to
place himself or herself in the shoes
of the jury. Alternative methods are
available to economic experts by which
their calculations and conclusions can
be shown to the jury. Regardless of
the method of delivery, the keys to
effective testimony are simplicity and
clarity. 
the court room during emotional trials
and have seen the hundreds of hours it
takes to prepare for a trial. Celebrated
victories and mourned defeats. I know
that clients form a bond with their
attorney and more often than not, this
is a relationship that is cultivated over
many years. For the exceptional attorney,
their clients are not forgotten when the
case is over. For these reasons and many
others, I have found that a practical and
ethical attorney wants to see their clients
taken care of for the rest of their lives
once their case is over. When your client
is with a team of caring, trustworthy,
and experienced wealth management
professionals they will have the guidance
they need for the rest of their life. 
practice, and we have a strict policy of
always protecting our referral sources.
In the case of attorney referrals, we never
forget that it is your client. We have
decades of experience serving the needs
of accident victims in Pennsylvania and
New Jersey. Although we are a small
firm, we are fully committed to each and
every case that we take on and never
hesitate to commit the resources it takes
to properly present a case.
If you have a client who has been
injured in an accident, call us to find
out how we can help. We are glad to
offer our thoughts on any prospective
case and are always grateful for the
opportunity to help when called upon by
our colleagues. Our firm has successfully
obtained numerous substantial verdicts
and settlements for our valued clients,
and it is always our goal to provide full
service legal representation from the
initial consultation to the final resolution
of the case. 
Frank D Tinari, Ph.D. / 973-992-1800
Michael S. Levin is a partner in the firm of
Gillman & Levin, P.C., a firm serving the needs of
injured individuals in Pennsylvania and New Jersey.
Pennsylvania Office
940 Public Ledger Building
620 Chestnut St., Philadelphia, PA 19106
(215-925-9900)
New Jersey Office
10 Lake Center Executive Park
401 Rte. 73 North, Suite 204, Marlton, NJ 08053
(856.939.6600)
www.gillmanlevin.com
21
22
2010 How-To Guide | The Legal Intelligencer
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