Episode 8. Trial Attorneys: Open for Business - a podcast by Jeremy E. Poock, Esq.

In this episode, Trial Attorney Ben Rubinowitz of Manhattan based Gair Gair Conason (www.gairgair.com) and Defense Attorney Chris Kenney of Boston based Kenney & Sams (www.kslegal.com), together with Boston based Attorney Sarah Worley of Sarah E. Worley Conflict Resolution (www.worleyconflictresolution.com), discuss how Personal Injury Law matters continue progressing while courts remain closed in New York and Massachusetts as a result of the Coronavirus pandemic. Kenney explains incentives that insurance companies have to move cases along reasonably and efficiently, together with examples of conducting discovery while maintaining social distancing. From a Trial Attorney’s perspective, Rubinowitz provides examples for moving clients’ matters forward, including preparing pleadings and conducting video depositions. Rubinowitz and Kenney both address the benefits that virtual mediation presents in Personal Injury Law matters. Worley, who has conducted over 5,000 Personal Injury law mediations, explains that during the 2 week period since mid-March 2020, Worley had already conducted 12 mediations, including a 10 party fire subrogation matter with 17 participants and 8 breakout rooms. Worley also addresses best practices for conducting virtual mediations, including how Trial Attorneys can encourage their plaintiff clients to trust the virtual mediation process. Rubinowitz explains that “patience wins” and advises his Trial Lawyer colleagues to focus on the best interest of the client and: “Don’t ever panic.” As practical advice, Kenney suggests the following 4 points for defense attorneys and adjusters to make daily, linear progress on their open matters: communicate, plan, execute, and assess.

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