Articles Posted in Litigation Process

I am in a personal injury lawsuit.  The other side has sent a bunch of interrogatories and I do not want to answer them.  It is just too much work and they are asking a lot of questions that are not of their business.  What happens if I don’t answer them?

If you don’t provide answers within the time required by law your opponent can file a motion to compel you to answer.  The judge will give you additional time to answer.

If you don’t answer in the extended time the judge gives you the judge may order sanctions against you.  The judge could even dismiss your lawsuit.

I live in Nashville and just got served with a subpoena to attend a car accident trial in Franklin, Tennessee.  I was a witness to the car wreck but really don’t want to take time off work to go to trial.  Do I have to go? 

Yes, unless you can work something out with the lawyers involved in the case and the court.  A subpoena is a court order that must be obeyed.  The court in Franklin has the power to order you to come from Nashville attend a trial.

Call the lawyer who had the subpoena issued and ask if you can be released from the obligation to attend.  If not, ask if you can show up at a particular date and time and not just be present on the first morning of trial and then have to wait until you are called as a witness.  Most lawyers will be happy to accommodate your schedule if it is at all possible to do so.

I have a tractor-trailer wreck case that goes to trial in about six weeks.  I am afraid that the jury will learn that I served two years in prison on a burglary charge about 15 years ago.  I feel like I paid my debt to society and I don’t want my mistake of many years ago held against me now.  Will the jury be told about my crime?

No, assuming that you told the truth about it in this litigation any time you were asked about it.

During the discovery process it is  common to ask  an opponent about past criminal charges and convictions.  These questions must be answered truthfully.  Proof of a prior felony conviction ordinarily  is not admissible at trial in Tennessee if the conviction is more than ten years old., but it is permissible to ask about "old" convictions and charges during the discovery phase of the case.

I have heard about a movie called "Hot Coffee" and that it discusses that crazy case where the woman spilled coffee on herself and got a bunch of money from McDonald’s.  Who made a movie about that? 

Susan Saladoff did.  Susan is a lawyer from Oregon who felt inspired to tell the real story about what happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end. 

Susan explains that 

I was in court recently and the judge asked a man he called the "bailiff" to hand a witness a piece of paper.  What is a bailiff?

A bailiff is a court employee who provides security for the judge and helps the judge maintain order in the courtroom.  He or she also may hand papers from a lawyer to a witness or from a witness to the jury.

The bailiff is also the person usually entrusted with the job of escorting the jury from the courtroom to the jury deliberation room and for passing questions from the jury to the judge.

My lawyer settled my personal injury case.  He said that he put the check for $60,000 in his trust account and that I would get my share in 10 days.  Ten days later I received a check for $38,500 – the amount I was supposed to receive.  However, I deposited the check from my lawyer’s trust account in my checking account and just found out it bounced.  What should I do? 

This should not happen.  Lawyer trust accounts are accounts that are kept separate from a lawyer’s operating account – the account he or she uses for rent, payroll,etc.  Trust accounts are a "parking place" for client money.  There should never be a bounced check on that account because the account is holding client funds that have already "cleared" the bank  – and client funds can only be used for client purposes.

Thus, you need your attorney to explain exactly how this happened.  If you do not get an immediate, satisfactory answer,  call the Tennessee Board of Professional Responsibility immediately.

 I am involved in a car accident  case in Tennessee state court .  How many jurors must agree to a given result?

I have a personal injury case in Tennessee.  My doctor has to give a deposition in my case and my lawyer just told me that the doctor charges $1500 per hour for a deposition.  What is going on?  I have already paid this doctor over $15,000 to care for me and now he wants to charge $1500 per hour to talk about it!!! 

Unfortunately, this is getting to be a bigger and bigger problem.  A doctor is permitted to charge for their time when  asked to give a deposition involving care which he or she gave to a patient who is involved in a lawsuit.  The charge must be "reasonable."

So, the question is $1500 per hour "reasonable?"   Part of it depends on how much the doctor ordinarily charges for his time.  In a 2000 hour year a charge of $1500 per hour results in revenue of $3,000,000 per year.  

My truck wreck case is coming to trial before a Nashville, Tennessee jury soon. There will be a 12-person jury.  Must they all agree on the result?

Yes, unless the lawyers agree otherwise, all 12 jurors must reach an agreement on the result in the case.

In some states, the law permits jurors to reach a result based on the votes of a "super majority" of the jurors.  For example, some states allow 9 jurors to agree or 10 to agree on one result and the other 3 or 2 jurors can reach a different result.   That is not true in Tennessee – all 12 must agree.