ALFA International Publications

Cultural Competency and Creating More Diverse and Inclusive Companies The Model Rules of Professional Responsibility require lawyers to provide competent representation of their clients. Competency is maximized when it includes cultural awareness and an understanding of both our own biases and those existing in the communities where we practice. How can we create a diverse team to help identify cu…

Using Plaintiff’s Mindgame to Defense’s Advantage What is the “Reptile Theory”? “On the exterior, the Reptile theory is an in-vogue strategy, designed to produce greater income for plaintiff’s counsel. At its core, it is nothing beyond an attempt to impose a deceptive con on the human mind.”[1] The Reptile theory is a nationwide phenomenon in which plaintiff’s counsel – the Reptile questioners …

Mental injuries are a fertile area for enhanced damage claims by plaintiffs. The trend in non-catastrophic cases, with few or no symptoms, is for plaintiffs’ counsel to abandon medicine and science in favor of lay evidence to support otherwise undetectable mental injuries beyond general emotional distress connected with an accident. Memory loss, headaches, fatigue, confusion, inability to work or …

1. Social Inflation – What is it? a. A term used to describe increased loss costs stemming from claims far more severe than what could be reasonably anticipated under the usual scope of economic inflation and claims trends. b. When insurance coverage becomes more expensive because of external and evolving changes in the market. c. It is thought to be the result of litigation funding, an erosion of…

For years, everyone in the industry has been reading about runaway verdicts that endanger the future of the trucking business. Many groups and companies have examined this phenomenon and have presented ways to counteract these concerns. Some companies test the theories and the cases through a myriad of discovery techniques and then try to reach a resolution before trial. Others are very empathetic…

Complaints by employees, customers, vendors, officers, directors and third parties have increased in recent times and undoubtedly will continue to increase going forward.  Whether it is a discrimination/harassment complaint, a retaliation complaint, a SOX complaint, a whistleblower complaint, or another type of complaint, employers struggle with how best to investigate allegations of improper and …

IP Protection Basics - In Candyland and Elsewhere  The presentation accompanying this article focused on candies and the various areas of intellectual property (“IP”) that can be used to protect those candies and their packaging.  “Candyland” is a good area in which to study the different aspects of intellectual property, because there are many different avenues for protection requiring …

In movies and plays about lawyers, the quintessential moment when lawyers display their persuasive prowess is the closing argument. That isn’t reality. The truth is that as advocates and counselors, lawyers are constantly trying to convince someone to a different point of view – be it a mediator, a judge, an opposing attorney or party, co-counsel, or the lawyer’s own client. There are three keys …

Opening statements are critical to the success of a trial.  They are one of the most pivotal moments in a trial.  Statistics show that 80% of jurors will reach their ultimate conclusion during the opening statements.  What you say, what you communicate, and what you present to the jury in the first two minutes may have a greater impact on the verdict than any other two minutes in th…

SOME LESSONS FROM APPELLATE ARGUMENT The presentation of argument on appeal is made first by written briefs.  The contents of those briefs are governed by rules describing the ordering and content of each section, including a statement of facts based on the written record from the lower court, a concise statement of the issues to be addressed, and an argument section addressing each of these …