AAC


LITIGATION LESSONS Winning before trial


and a trial before an all-powerful court. He is convicted by the corrupt court, despite his actual innocence. He is trans- ported out of town by the arresting officials and executed in the name of the law. By the end, K. doesn’t even resist his fate because he has been rendered completely hopeless by the unfair prosecution and trial. Te frightening tale of Te Trial stands in such stark contrast to the American judicial system, which is fortified with con- stitutional guarantees like due process, burdens of proof and evidentiary standards equally applicable to all parties, the right to counsel, and the right to a jury trial. But even a perfectly designed justice sys- tem can be imperfect in practice. Our bril- liant system produces justice in most cases — but justice cannot be guaranteed in all cases at all times. As your lawyers at


T A he Trial, by Franz Kafka, tells the story of


“K.” — an innocent banker who is arrested by officials of a totalitarian government and charged with vague crimes under invisible law. K. endures a hopelessly unfair pre-trial process


s your lawyers at AACRMF, it is our job to defend you within the judicial system and secure the best result we


AACRMF, it is our job to defend you within the judicial system and secure the best result we can in any given case. We represent you in civil cases in which county govern- ments and/or county officials are sued as defendants. We can- not change the facts of a case, or the law applicable to those relevant facts. We can help you play defense against a lawsuit, within the confines of the facts and the law. You might think of us as your defensive coaches. But you — the public servants who are defendants in the lawsuits we endure together — are the players. It goes without saying that the best way for you to play de- fense against liability in our courts is to follow the law and follow the policies of your agency. Take your training to heart, be honest and fair in your actions, and adhere to best practices such as documenting use of force incidents and employment actions in the workplace. We offer countless trainings, and we make ourselves available to advise you about best practices —


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can in any given case. We represent you in civil cases in which county governments and/or county officials are sued as defen- dants. We cannot change the facts of the case, or the law appli- cable to those relevant facts.


but that’s not what this article is about. Sometimes, you do every- thing right and you still get sued. Tat’s what this article is about. Tis article is about how we can work together to play offense when you are sued. Our goal as your lawyers is to win each case, and do so as quickly and painlessly as possible. You can help us win your case by following a few simple steps when you find yourself served with a lawsuit related to your work in county government. First, as you have probably heard us say before (because it is so important), always notify us immediately when you are served with a lawsuit. Even if it is the most bogus lawsuit you’ve ever seen, your law- yers need to review it and if it falls under AACRMF coverage and we will repre- sent you, we need to file a response to the lawsuit on your behalf. A defendant has a very short time to file a response to a lawsuit after service, and when a defen- dant fails to do so, the penalty is harsh


Colin Jorgensen Risk Management Litigation Counsel


— default judgment, which basically means the plaintiff wins without having to prove or do anything. I’m hard-pressed to think of a greater injustice than a default judgment in favor of a plaintiff who files a meritless lawsuit, but that is exactly what happens if a defendant is served with a lawsuit but fails to re- spond. Send the lawsuit to us immediately. Let us get to work on your behalf right away. (Side note: please do not accept service of lawsuits on behalf of ex-employees who no longer work for the county and independent contractors who work in county facilities but are not county employees). Second, in all cases, regardless of merit, we will save a lot of time and heartburn over the life of the litigation by taking care of certain business right away. We will send you detailed let- ters about this early phase of the case when you notify us that you’ve been served with a lawsuit. But in sum, you must take


COUNTY LINES, SPRING 2020


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