Practicing lawyer, tech enthusiast, baseball fan. I solve legal problems by day and spend my nights automating everything else. Questions? Just ask!
Arkansas, USA
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A treating doctor who is too eager to write opinions for litigation is not the witness you want.
A treating doctor who refuses to write anything for litigation is also not the witness you want.
The credible witness is the one who treats first, documents normally, and answers questions plainly when asked.
The fall back to standard time produces a measurable spike in evening pedestrian incidents in the two weeks after the clock changes.
Drivers have not recalibrated. Pedestrians assume they are seen.
The roads are the same. The light is not. It is one of the most predictable risk windows of the year.
Halloween is one of the highest pedestrian injury nights of the year.
Drivers know it. Parents know it. The data is consistent.
And every year I will read at least one police report from this evening that begins the same way. Twilight, residential street, child between parked cars.
"I do not want the kids fighting" is the most common goal in estate planning.
"I do not want the kids fighting" is also the goal that requires the most direct conversation during life.
The plan that achieves it is rarely the plan that splits everything equally and quietly.
A negligent entrustment claim is not the same as a negligence claim.
It is a claim against the person who handed someone else the keys, the gun, the equipment, the vehicle.
It opens a different policy and a different defendant. Lawyers who only look at the driver miss it routinely.
Oliver Cushing | Attorney ⚖️ retweeted
New in Claude for Legal: a gallery of ready-made artifacts for contract review, regulatory horizon scans, cite checks, and more.
Start from the built-in example, add your own documents and connectors, and share it with anyone across the business.
"We will fight this one all the way" is a phrase that should make a personal injury lawyer ask harder questions, not work harder.
Sometimes the right call is trial.
Sometimes "all the way" is a slogan that costs the client more than the case is worth. Knowing the difference is part of the engagement.
Oliver Cushing | Attorney ⚖️ retweeted
Not sure what they do here but whatever it is it’s regulable by the federal government
Pre litigation negotiation is mostly about whether the carrier believes you will file.
Letters do not convince them. History does.
A lawyer who files when they should and settles when they should creates leverage that lasts across cases, not just within one.
A digital assets clause in a will from before 2018 is usually inadequate today.
Cloud accounts, crypto, social media, two factor authentication, password managers.
A successor who cannot access the accounts cannot administer the estate. The technical access problem is now a legal access problem.
Oliver Cushing | Attorney ⚖️ retweeted
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A power of appointment is one of the most powerful and least understood tools in estate planning.
The right to redirect assets at a later date, by someone other than the original grantor, under conditions only revealed when needed.
It is how a 1990s plan can still respond to 2040s problems.
Oliver Cushing | Attorney ⚖️ retweeted
Effective Immediately, all organizations using PHP for their systems are advised to be prepared for an update addressing two critical vulnerabilities. PHP is widely used for web applications. These vulnerabilities often provide a direct path to the server's file system or database. If an immediate update is not feasible, it is recommend that organizations take the system offline until it can be fully mitigated. NSA will follow up shortly with more specific guidance.
A scheduling order in a personal injury case is not a suggestion.
Missing deadlines is how good cases become weak ones.
Disclosure deadlines, expert deadlines, discovery deadlines. Defense lawyers track them carefully because every one they catch is leverage in the next negotiation.
The fastest way to ruin an executor relationship is to make the executor explain decisions they were never told they would have to defend.
A letter of wishes alongside the will fixes most of that.
Not a binding document. A context document. Future you, talking to future them.
A property damage settlement is not a personal injury release unless the document says it is.
Carriers sometimes send broad releases for property damage only checks.
Signing one of those without reading every paragraph can quietly waive the bodily injury claim that has not even been evaluated yet.
"Gifting" to a child for Medicaid planning is one of the most misunderstood concepts in elder law.
There is a five year lookback in most contexts.
A transfer made too late triggers a penalty period exactly when the family was hoping for benefits. Timing is the entire game.
A 529 account passes outside of probate.
It is also not exactly the donor's. It is also not exactly the beneficiary's.
The tax code treats it like a Schrödinger asset, and estate plans that do not address it directly often leave control in the wrong hands at the wrong time.
The defense IME doctor is rarely your client's actual doctor.
They are not making a treatment decision.
They are making a litigation opinion, in writing, that will be deposed and cross examined. Helping your client understand the difference before that appointment changes how they show up.