ing records you think are just duplicates. When a defense attorney subpoenas records from your client’s health care providers, past employers and insurance companies, he or she is trying to dig up dirt. Read every page of what they get in response to those subpoenas; chances are they got more than you did when you sent your request. Prepare your client for the hard
questions. Know the defense’s case and try to take the sting out of it. Address the weaknesses in your own case and provide explanations for them. Do not try to turn your bumper scratch into a crumple; embrace the scratch and go with it. Do not try to elicit testimony from your client about how hard the impact was when there is no property damage. If you have a minor impact accident
with a delay in treatment, an explana- tion may be “it did not look like much of an accident so she thought her pain would go away quickly and she tried to tough it out.” When she did not get better after a whole week, she went for treatment. Prepare a trial binder. Have all your exhibits, discovery, pleadings and medical records easily accessible and organized. Jurors watch everything, and notice whether or not you are organized and on top of your game. On the day of trial, be sure to advise your client to be cordial to all parties but
to be aware of their surroundings. An overheard conversation between your client and her husband can turnoff a juror. The same is true for visits to the courthouse cafeteria and restrooms. You never know who may be listening.
Read Your TLA Listserv and Use TrialSmith
MAJ’s Listserv contains thousands of
years of combined legal experience that no one could gather in a single lifetime. Many questions are addressed each day that will eventually have an impact on your practice. TrialSmith allows you to search by keyword or phrase the issue you need to address. As a defense lawyer, I did not have this invaluable tool. I was jealous as is every defense attorney out there. They know it exists, they know we use it, and they want access to it. I try and scan every single post, regardless of whether the subject addresses a current concern of mine. Read these posts daily and you will develop the knowledge and tools you need to effectively and creatively handle your personal injury cases.
Be Actively Involved In the AAJ and MAJ
Attend AAJ and MAJ continuing legal education seminars. Use these or-
For the latest MAJ news visit . . .
www.MarylandAssociationforJustice.com
Defense Experts Database (DED) Deposition & Document Banks Expert and Support Services Directory Section and Committee News
Register for Educational Programs & Self-Paced Seminars Renew Membership
Search for Corporate Discounts Log on Today! 40 Trial Reporter
ganizations to bounce ideas off of other members and learn from their knowl- edge and experience. Become familiar with and use other tools available through membership in these orga- nizations. Get more involved, it will benefit your clients and your practice. The Maryland Association for Justice is the leading organization in Annapolis every year protecting the rights and interests of the people we represent. Contributive to the organization with either your time or energy or becoming a member of the presidents club. We are the only organization in Maryland that stands between our client’s rights and the possible extinction of those rights. n
About the Author Ms. Zois is currently on the executive
committee for Maryland Association for Justice (MAJ) and serves as its current Parliamentarian. She also serves as the Vice Chair of the Legislative Committee, an Eagle Member of MAJ and a member of its Leaders Forum. She is a member of the Anne Arundel County Bar Asso- ciation, the Prince George’s County Bar Association, and the Maryland State Bar Association. Ms. Zois has been a speaker on the subject of handling personal injury cases at both the state level and national level on issues regarding the handling of auto accident, motorcycle accident, and truck accident cases. Ms. Zois has been honored as a Super Lawyer by the Maryland Super Lawyers® Magazine in 2008 and again in 2009. She graduated from the University of
Baltimore with honors in 1995. After graduation, Ms. Zois primarily defended insurance companies in personal injuries cases. She defended cases for insurance companies such as Allstate, Nationwide, State Farm, MAIF, and Bankers Inde- pendent Insurance companies. She has tried hundreds of cases in the District and Circuit Courts and has appeared and argued before the Court of Appeals of Maryland.
Winter 2009
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