“I’ll tell you what the public likes more then anything. It’s the rarest commodity in the world-honesty.” -Merle Haggard
My Best Advice
Nothing is more important when handling your case, then speaking the truth. People who believe if they sugarcoat their case, it will help them win their case. Wrong.
You have to be up-front, honest, and truthful to your attorney and the judge. If a judge suspects you’re not telling the truth, you can say goodbye to your case. Count on it. I have seen it time and time again.
My Second Best Advice
Take the time to research your case. The more homework you do, the better your case. Order my Free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. I will send it to you for free and cover shipping.
And before you do, check out the 5 Star Amazon Reviews written by folks like you. It will be the best thing on helping you take the necessary steps to win your Defense Base Act Case.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
They are going to lie about you time and again. They call it putting on a defense.
Part 1 of 2: I Was at a DBA Mediation Recently
I had a Mediation recently in a Defense Base Act case. As background, a Mediation is an informal settlement proceeding where the attorneys meet with a neutral person - here a retired Longshore system Judge (the Defense Base Act is part of the Longshore system).
The young inexperienced defense attorney was from probably the largest DBA defense firm in the Western United States. They may be the largest DBA defense firm in America. If they aren’t the largest DBA defense firm. This firm is big. I personally like some of the defense lawyers at this firm. Don’t take “like” the wrong way. I am not social friends with them, but we get along. However, it seems, it is the younger more inexperienced ones that are the most difficult to deal with.
Generally mediations are “privileged.” This means that everything that is said at the mediation can’t be used at trial. Of course, the defense attorney that attended didn’t think so, because he immediately “tattled” to the Judge afterwards saying I wasn’t reasonable because I had “stormed” out of the mediation. Which is partly true. When the defense attorney kept repeating lie after lie as a mantra, it got old. Really old.
My client was pretty composed during the whole affair. I didn’t really storm out. I just laughed at the lies and left at 1:00 p.m. (The mediation started at 10:00 a.m. and was supposed to last until 5:00 p.m.) I, frankly, had heard enough. The important part for me was hearing all the lies that the defense attorney planned on asserting at trial about my client. Once I had heard the lies a few times, and I realized that the insurance company wasn’t going to make a fair settlement offer, I was ready to leave.
The teaching point here is this. There are far more lawyers in the United States than there are jobs. There are a lot of unemployed lawyers. The law schools crank out lawyers at a huge pace. So, what you see, time and again in my job are these young eager-beaver lawyers that are more than willing to lie, time and again, for their clients.
It seems like they these young lawyers are afraid they are going to lose their jobs, so whatever the adjuster tells them, they repeat again and again. It doesn’t matter if it is true or not. They call is putting on a defense.
Make sure to check in for Part 2 of this article: DBA Mediation Lessons
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley