Friday in an Oregon Attorney's Office

July 15, 2011

Okay, I'll tell you how my week was.

I probably talked with between 12 to 20 people who thought they had cases, and I responded to probably another dozen people who filled out contact forms. Some of their problems were in my "wheelhouse:"

  • Car Accident: a distracted driver crossed the center line and ran an oncoming driver off the road. The distracted driver's insurance company said, "No collision - no claim." I say, "Valid case."
  • Sexual Harassment & Retaliation: Woman pressured by boss to have sex. When she stopped, the boss-owner continued sexual harassment and retaliated against her by treating her so badly that she had to quit
  • Medical Malpractice: Man went to the hospital over 100 times before they diagnosed him correctly.
  • Employment Law: Several people claimed wrongful termination or discrimination. Some may be right; some are definitely wrong.

For clients with cases in court, I prepared motions and gathered evidence. I counseled clients on the next steps of the litigation and what mediation is all about. I read and wrote countless E-mails and letters to move litigation forward toward conclusion.

Some cases are in the stage between the forming our attorney-client relationship and filing a lawsuit or other claim. This is a critical stage. What is the appropriate approach? Are we ready to file? Can we improve the case before filing? Should we start with a letter seeking settlement? Should we file a complaint with the Bureau of Labor and Industries? Should the first salvo be a lawsuit?

Every person is different. Every situation differs. The key is apply a quarter-century of experience to work through what is best for each person. That's the fun part of the job. The not-so-fun part of the job is dealing with the occasional jerk, whether it's an insurance company lawyer or someone who gets angry at me because I offered a free opinion that what they think is a case is not something they can or should sue about.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234