I'm in my second month of my internship in a Plaintiff's Personal Injury and Wrongful Death Law Office.
During this month, I have been working with he attorney in preparing an initial disclosure statement for a wrongful death case in which we have named a second Defendant. We have also prepared a supplemental disclosure statement for both of the Defendants. In addition, both the Plaintiff’s attorney and the Defense attorneys are putting together a stipulation for scheduling. Moreover, the attorney has met with doctors in order to decide whom he will use to testify in this particular case. We have spent time studying and reviewing the medical records continuously for preciseness.
A Plaintiff’s initial disclosure statement includes the witnesses, experts, exhibits, and evidence that the Plaintiff’s attorney is planning to use in the case. The Plaintiff has the burden of proof throughout the majority of the case. In the initial disclosure statement, we included all of the facts of the case, each lay and expert witness, depositions, and the important documents were attached to the initial disclosure statement as exhibits.
This initial disclosure statement with all of the exhibits (evidence) attached was probably over 1,000 pages just to give you a rough idea about how long it takes to actually put it together and make copies for the other attorneys.
After or during the time we spend finishng exchanging the initial disclosure statement with the exhibits, which we are still in the process of doing, supplemental disclosure statements will begin by both the Plaintiffs and Defendants. These supplemental statements include submitting more discovery and disclosure of witnesses and documents to each side. There is continual disclosure of new experts, evidence, discovery, and exhibits; therefore, we continuously prepare supplemental disclosure statements until the last day of discovery and disclosure of the case.
In order to keep a case on a steady track through the court system, the attorneys are suppose to work together on a stipulation of scheduling for which they will decide the deadlines for disclosures, depositions, discovery, and experts. In addition, the attorneys state, in the stipulation, when they expect to be finished with all of these things so that the court can set a trial date for the case. Personally, I find it interesting that the attorneys work on scheduling together professionally; however, sometimes it is with difficulty because of conflicting schedules. This stipulation for scheduling enables the case to move forward with the attorneys in agreement about deadlines if, after submitted, the court agrees with the proposed stipulation.
Throughout a case such as the one we are currently working on, the Plaintiff’s attorney will normally have meetings with the doctors that they want to testify in the case. During these meetings, the attorney speaks privately with the doctor about the case, gives the doctor medical records to review and asks the doctor his expert opinion based on his work with the patient and the medical records.
When preparing for these meetings with doctors, the attorney and I have spent time reviewing and studying the medical records. We know to look for specific phrases and notes such as SOB (shortness of breath) when studying the records. We have spent time researching different medical conditions such as CHF (Cardiac Heart Failure), its definition, symptoms, etc. This process of learning about medical conditions is important so that you are aware of these conditions when meeting with the doctors. Then, the attorney will have some background information about the condition while the doctor gives his expert opinion. As a Plaintiff's attorney in a case like this one, you are continuously researching medical conditions, cases and more.
I am continually learning more about the skills and practices a Plaintiff's attorney uses in order to develop and settle/take a case to trial. The responsibility of the Plaintiff's attorney is immense in that he/she has the burden of proof. However, skilled attorneys have learned to work well with ideas and arguments when building their cases. They develop strategies for their case that they can use at trial if the case goes to trial.
Like I have stated previously, law may be in my future and I don't necessarily mean law enforcement, could mean lawyer, we will just have to wait and find out.
Until next time, have a wonderful day!
Stacey
Friday, October 9, 2009
Race for the Cure is coming up!
Hi Everyone!
The Race for the Cure is a event that is put on by the Susan G. Komen Breast Cancer Foundation and all of those that sponsor it in its mission to end breast cancer forever! This organization helps raise funds and awareness for the fight against breast cancer!!
On October 11, 2009, the Race for the Cure will be held near Downtown Phoenix! The 2009 Komen Phoenix Race for the Cure is going to be in the State Capitol District of downtown Phoenix. The Race activities include the Survivor and Co-Survivor Area (Pink Hat Cafe, Survivor Goodie Bags), Corporate Village (sponsor booths), and Registration and Packet Pick-Up will take place in Wesley Bolin Plaza. Each of the events on this day will start at 17th Ave. and Adams St. We will circle the Capitol Building and head East to Copper Square before returning to the finish line East of 17th Ave. on Jefferson St.
For more information on this event and others in Phoenix, visit www.komenphoenix.org
I will walk Sunday with my family for the loved family and friends that have had and still have breast cancer!
One of my family members has had several surgeries as a result of being diagnosed with breast cancer years ago; however, by God's grace she has survived it all. She is a strong woman who never gave up and I look up to her for that strength!!
So on October 11, 2009, my family and I will walk for her and everything she has come through with having breast cancer!
Will you join us in supporting the race for the cure against breast cancer and if so who will you walk for this year?
Hope to see you there in support of your loved family and friends who have or have had breast cancer in the past!
Thursday, September 17, 2009
Moving this weekend!!
Yay! We are moving this weekend! After getting married in May and house sitting for over three and a half months, we finally get a place of our own!After only a week and a half of looking, we found our new home! It is an apartment, but it's a big one! It's located near the Carefree Highway with a beautiful desert view right outside our patio! This place will be OUR first official place together that is OURS! We get to decorate it together, design the layout of where everything is going to go and shop for furniture! Can't wait!
We have a long weekend ahead, but the payoff will be well worth it!
Email me at scrable@asu.edu if you are looking at moving anytime soon, this place is awesome!
Have a great night everyone!!
Internship 2009
School has officially started and with that I have started my internship! Yay!
I am enjoying working for the law firm full-time, gaining more experience and knowledge of the law and getting school credit for it! My schedule this semester consists of going to work an average of 27 hours a week, which is equivalent to 9 credit hours. In addition to the internship, I am taking one other night class, Women, Crime and Justice which is being taught by Dr. Shaffer. I'm enjoying the material in the class and the class discussions.
For my internship, I am required to write monthly journals about the learning objectives I am accomplishing and specific experiences I am encountering and my reaction to them.
This months journal reads as follows:
Dear Journal,
During the last month, I have been assisting my supervisor with several projects on one particular case, which will have strong effects on its outcome. These specific projects include drafting several copies of a Disclosure Statement (Statement of Facts), an Affidavit of our construction expert, indexes, list of exhibits and researching aspects of the case such as punitive damages. When working on these projects, I have learned to be careful and concise, trying my best to follow along with my supervisor when accepting dictation, inserting footnotes, labeling exhibits, organizing, and last but not least, the importance of the last inch of work on these projects which will all eventually come together smoothly. In addition to working on these specific documents, I learned more about how our laws started by reading parts of The History of English Law Volume I. I have continued to develop knowledge of the cases and the laws including the skills that are necessary in the processing of a case by a Plaintiff’s personal injury attorney.
This particular Disclosure Statement (Statement of Facts) includes listing the facts of a case in detail and in a specific order that can be easily understood by the readers, in this case, two defense attorneys, and the judge. These facts include, but are not limited to, the causation of the accident, the negligence of the Defendants, foreseeable danger, violations, injuries of the Plaintiff and more. When writing this Disclosure Statement, it was important to begin by listing the facts in paragraphs, dividing them into different parts with headings and subheadings, editing each fact to make it persuasive, and making sure footnotes coincided with the exhibits and the facts in each paragraph. This work was tedious but very interesting. It was necessary in order to tell the story of the case thoroughly. The Disclosure Statement goes along with the Affidavit of our expert in explaining what he will testify to in the case.
The Affidavit of our construction expert consists of his testimony, expertise, and opinions on the accident and circumstances surrounding it. We begin by stating who our expert is, his background, and his opinions based on the Disclosure Statement. The information in the Affidavit reflects the expert’s point of view and his evidence supporting his opinions. The Affidavit and the Disclosure Statement are edited several times for precision. Footnotes are continuously used to support these facts and opinions. These footnotes contain the exhibits, which support the facts. For example, if the Defendant gave testimony, that we, the Plaintiffs, felt was important during a deposition, we insert the exact testimony into our documents and use a footnote to show the exhibit. In this case, the deposition of the Defendant is the exhibit. We include the exact page numbers and lines where that testimony can be found in the deposition, which we attach as an exhibit to the entire document. For example, in an affidavit, we might have thirty or more exhibits attached. The Affidavit of an expert takes time and constant review. When the Affidavit is finished, the expert spends time reading it over so that it reflects their opinions correctly; then he signs it with a notary public and it is filed with the court.
While working on both the Disclosure Statement and an Affidavit, I worked with preparing an index for the Disclosure Statement and a list of exhibits. The index included all of the headings and subheadings in the text including the page number and paragraph number in order for the readers to find information quickly. The list of exhibits simply lists each exhibit that is used. I worked with an index and a list of exhibits the entire time that we prepared the Disclosure Statement and the Affidavit.
In the Disclosure Statement, we also included a section for punitive damages against the Defendant. The construction expert will not testify to punitive damages; however, we are still claiming them. Punitive damages are used to punish a Defendant and to deter him/her, them, or others from committing similar acts in the future. My supervisor and I went to the Downtown Law Library and briefly researched cases that support the use of punitive damages so that we can cite case law that is similar to our case to prove why we are claiming punitive damages. Our goal is to prove that the Defendants knew that they were doing something wrong that could endanger the lives of workers, yet they did nothing to prevent it.
The last inch of work is always the toughest. One of my jobs is to assist my supervisor in re-reading and checking to make sure information is true and correct, that exhibits match facts and footnotes, that exhibits are numbered correctly and that the facts can be easily understood. We spend a lot of time organizing and re-organizing the information. These projects take weeks to complete. Once they are complete, the Plaintiffs’ can prepare an offer of judgment to settle the case for a certain amount. If refused by the defense, the Plaintiffs will wait until they can get a trial date so that they can present their case to a jury, who makes the ultimate decision of what the Plaintiff is awarded if anything by reviewing the evidence, listening to witnesses, etc.
In between working on these projects, I was assigned to read literature on the history of English law. In reading, I have learned a few key things. Our laws have been formed by Teutonic (German) customs with additions and modifications received directly or indirectly from the Roman system. This Romanic law reflects ecclesiastical law, which reveals Christianity and the church because the church was extremely stable during that time. The reading expanded my knowledge of English Law and how the legal system was first initiated.
I have learned and will continue to learn more about the history of our law, different skills necessary to assist with writing important documents such as the ones I have listed and to take necessary time when preparing these documents and organizing each of them so that the facts of a case are revealed in a persuasive manner.
I hope this gives you some personal insight of working with a Plaintiff's attorney and the different tasks one encounters with this job.Each day, I continue to receive more insight about how our legal system is set up and the rules that have been established so that each case has a fair chance.
I think Attorney Lease may be a future title, who knows, it's a possibility. :)
I am enjoying working for the law firm full-time, gaining more experience and knowledge of the law and getting school credit for it! My schedule this semester consists of going to work an average of 27 hours a week, which is equivalent to 9 credit hours. In addition to the internship, I am taking one other night class, Women, Crime and Justice which is being taught by Dr. Shaffer. I'm enjoying the material in the class and the class discussions.
For my internship, I am required to write monthly journals about the learning objectives I am accomplishing and specific experiences I am encountering and my reaction to them.
This months journal reads as follows:
Dear Journal,
During the last month, I have been assisting my supervisor with several projects on one particular case, which will have strong effects on its outcome. These specific projects include drafting several copies of a Disclosure Statement (Statement of Facts), an Affidavit of our construction expert, indexes, list of exhibits and researching aspects of the case such as punitive damages. When working on these projects, I have learned to be careful and concise, trying my best to follow along with my supervisor when accepting dictation, inserting footnotes, labeling exhibits, organizing, and last but not least, the importance of the last inch of work on these projects which will all eventually come together smoothly. In addition to working on these specific documents, I learned more about how our laws started by reading parts of The History of English Law Volume I. I have continued to develop knowledge of the cases and the laws including the skills that are necessary in the processing of a case by a Plaintiff’s personal injury attorney.
This particular Disclosure Statement (Statement of Facts) includes listing the facts of a case in detail and in a specific order that can be easily understood by the readers, in this case, two defense attorneys, and the judge. These facts include, but are not limited to, the causation of the accident, the negligence of the Defendants, foreseeable danger, violations, injuries of the Plaintiff and more. When writing this Disclosure Statement, it was important to begin by listing the facts in paragraphs, dividing them into different parts with headings and subheadings, editing each fact to make it persuasive, and making sure footnotes coincided with the exhibits and the facts in each paragraph. This work was tedious but very interesting. It was necessary in order to tell the story of the case thoroughly. The Disclosure Statement goes along with the Affidavit of our expert in explaining what he will testify to in the case.
The Affidavit of our construction expert consists of his testimony, expertise, and opinions on the accident and circumstances surrounding it. We begin by stating who our expert is, his background, and his opinions based on the Disclosure Statement. The information in the Affidavit reflects the expert’s point of view and his evidence supporting his opinions. The Affidavit and the Disclosure Statement are edited several times for precision. Footnotes are continuously used to support these facts and opinions. These footnotes contain the exhibits, which support the facts. For example, if the Defendant gave testimony, that we, the Plaintiffs, felt was important during a deposition, we insert the exact testimony into our documents and use a footnote to show the exhibit. In this case, the deposition of the Defendant is the exhibit. We include the exact page numbers and lines where that testimony can be found in the deposition, which we attach as an exhibit to the entire document. For example, in an affidavit, we might have thirty or more exhibits attached. The Affidavit of an expert takes time and constant review. When the Affidavit is finished, the expert spends time reading it over so that it reflects their opinions correctly; then he signs it with a notary public and it is filed with the court.
While working on both the Disclosure Statement and an Affidavit, I worked with preparing an index for the Disclosure Statement and a list of exhibits. The index included all of the headings and subheadings in the text including the page number and paragraph number in order for the readers to find information quickly. The list of exhibits simply lists each exhibit that is used. I worked with an index and a list of exhibits the entire time that we prepared the Disclosure Statement and the Affidavit.
In the Disclosure Statement, we also included a section for punitive damages against the Defendant. The construction expert will not testify to punitive damages; however, we are still claiming them. Punitive damages are used to punish a Defendant and to deter him/her, them, or others from committing similar acts in the future. My supervisor and I went to the Downtown Law Library and briefly researched cases that support the use of punitive damages so that we can cite case law that is similar to our case to prove why we are claiming punitive damages. Our goal is to prove that the Defendants knew that they were doing something wrong that could endanger the lives of workers, yet they did nothing to prevent it.
The last inch of work is always the toughest. One of my jobs is to assist my supervisor in re-reading and checking to make sure information is true and correct, that exhibits match facts and footnotes, that exhibits are numbered correctly and that the facts can be easily understood. We spend a lot of time organizing and re-organizing the information. These projects take weeks to complete. Once they are complete, the Plaintiffs’ can prepare an offer of judgment to settle the case for a certain amount. If refused by the defense, the Plaintiffs will wait until they can get a trial date so that they can present their case to a jury, who makes the ultimate decision of what the Plaintiff is awarded if anything by reviewing the evidence, listening to witnesses, etc.
In between working on these projects, I was assigned to read literature on the history of English law. In reading, I have learned a few key things. Our laws have been formed by Teutonic (German) customs with additions and modifications received directly or indirectly from the Roman system. This Romanic law reflects ecclesiastical law, which reveals Christianity and the church because the church was extremely stable during that time. The reading expanded my knowledge of English Law and how the legal system was first initiated.
I have learned and will continue to learn more about the history of our law, different skills necessary to assist with writing important documents such as the ones I have listed and to take necessary time when preparing these documents and organizing each of them so that the facts of a case are revealed in a persuasive manner.
I hope this gives you some personal insight of working with a Plaintiff's attorney and the different tasks one encounters with this job.Each day, I continue to receive more insight about how our legal system is set up and the rules that have been established so that each case has a fair chance.
I think Attorney Lease may be a future title, who knows, it's a possibility. :)
Tuesday, July 14, 2009
Can Food Drive!! (Help feed the hungry)
Hello Everyone!
I just wanted to let you all know that my church, Deer Valley Worship Center, is partnering together with the Phoenix Rescue mission to help feed the hungry!
This is a chance to truly make a difference! Josh and I are collecting all non-perishable foods- canned foods, baby food, diapers and more. I believe recent statistics have shown that 1 out of every 5 kids go to bed hungry every night! We are determined as a church and community to change these statistics drastically!
If you are interested in helping with this cause, you can find out more from the Phoenix Rescue Mission or through our church, Deer Valley Worship Center. If you would like to donate any non-perishable foods, please feel free to email me at scrable@asu.edu and we can arrange a time for me to come pick them up. Your support mean so much!
Beginning this week, Josh and I will go to all of our neighbors' homes. We will begin by introducing ourselves as their neighbors. Then, we are going to ask them if they would like to donate any non-perishable foods for the Phoenix Rescue Mission. We will make it clear that we are not selling anything and that we can't accept money, but that their donation of food would be greatly appreciated. We will let them know that we can come pick up the food three days later. When we come to pick up the food from our neighbors, we will ask them if they would be willing to do this again in a couple months. This cause not only helps feed the hungry but it enables us to get to know our neighbors. We can build strong relationships by simply getting to know each other while helping others.
Great things will happen as a result of this meaningful rescue mission!!
Lets make a difference together!
Thursday, July 9, 2009
Fourth of July In Payson, AZ!!!
So what did you do for the Fourth of July this year?
For the last two years in a row, I haven't got the chance to watch fireworks on the Fourth of July. This year I was hoping would be different and it was!
Josh had to work at the motocross race in Payson, AZ. If I haven't mentioned before he works for the father of a race team which consists of his two twin eleven year-old boys, Stone (#52) and Slayter (#25), who race dirt bikes! He is their personal mechanic. He absolutely loves his job! The boys are getting really good! Now, they are starting to travel more to race in other areas across the United States.
Anyways, so on Friday, July 3, 2009, Josh was told that they were going to race the next day in Payson. Josh and I had already planned to spend the Fourth of July together so we were determined to work something out. Josh would leave that day to Payson so the boys could practice on the track the day before the race. He would stay up there over night with his boss and the boys. The next morning, I woke up and headed straight to Payson. I was so excited because this was going to be the first time I had ever seen them race!
I didn't think I was going to see fireworks after all but it didn't matter because an exciting race sounded so much better!!
The races began at about 5:00 p.m. The races were all intense and the riders ranged from young beginner to veteran riders! The boys had four races that day!
All four of the races were intense from start to finish!! The boys took the lead in every race! They were a good thirty seconds in front of all the other riders! During one race, both of them fell, but still got up in enough time to keep their lead.
These two young boys knew racing well and were great at it! In every race, Stone and Slayter took 1st and 2nd place! Every race was thrilling, exciting, and fun to watch!
As about 9 p.m. approached, looking from the racetracks over the beautiful green trees in the nearby park, amazing fireworks went off for about twenty minutes! Wow! It was a great ending to an enjoyable day!
My Fourth of July was more than I could have asked for and I wouldn't have changed anything about it!!
Edge of your seat racing, fireworks, and great people made this day absolutely wonderful! Next weekend I'm going to Payson again for another race and I can't wait! I know it will be another great day!
Big Wheeling in Flagstaff!!
Some people may say that big wheeling is only for kids!! Well, we proved those people wrong a couple weeks ago when we big wheeled in Flagstaff, AZ!
Big wheels are becoming extremely popular for adults. Josh is an expert in riding these big wheels and I am definitely a beginner as you will hear from my loud screaming in the video!
Josh and his friend Drew went down a huge road-hill in Flagstaff at up to 40 mph! I did not dare try that, but I went down a small bridge in one of Flagstaff's parks!
The biggest thing to remember when riding a big wheel for an adult is to keep your knees pointed to each side so your legs don't get stuck. Big wheeling may seem like kids fun, but really it's enjoyable for people of all ages especially when you can go down hills with a nice breeze in a beautiful place like Flagstaff!
So grab a big wheel and head off for a fun day in the park, I know it sounds silly but trust me it's so much fun!!
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