"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.
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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.
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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.
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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.
The most expensive word in a fiduciary engagement is "informal."
Informal accountings. Informal approvals. Informal distributions.
Each one saves time in the moment and creates risk later. A clean record is slower and cheaper than a contested one.
Drafting a trust for a beneficiary with addiction issues is different work.
Distribution standards have to be tighter. Trustee discretion has to be broader. Reporting may need to be limited.
A pure HEMS standard in that situation gives a trustee a fight they did not sign up for.
Most legal problems are not legal problems at the moment they happen. They are decisions made earlier, by people who did not know they were making decisions. The work is mostly noticing.
Most contested estate matters do not turn on the law.
They turn on whether the family can sit in the same room.
Mediation works in this space at a rate that surprises people who only know commercial mediation. The reason is simple. The disputes are emotional, and the law is not built for that.
A "soft tissue case" is a label invented by carriers.
There is no medical category called soft tissue. There are cervical sprains, lumbar strains, ligament injuries, disc injuries, and persistent pain syndromes.
Letting the defense define the case in their language is the first thing not to do.
A lot of folks have asked me: "why open source your core legal docs -isn't that your IP?" no. our exceptional lawyers are our IP. our massive deal flow is our IP. our precedent docs r like a programming language: underlying scaffolding to enable the work.
github.com/General-Legal/leg…





