I always provide a range of possibilities to help clients understand that the results can vary. What strategies do you employ to effectively advocate for clients in arbitration, given the differences from traditional courtroom litigation? In arbitration, the case is decided by a sole arbitrator, which I believe is a disadvantage. My strategy often involves highlighting instances where the other side has misrepresented the evidence, mischaracterized facts, or been dishonest. I also focus on pointing out when the other side is grossly overreaching. Credibility is everything and attacking it in a well-thought-out manner can help persuade an arbitrator to favor your side. Can you share an example of a particularly complex case where arbitration led to a successful resolution for your client? In one arbitration case, the defense repeatedly attempted to file discovery motions before the arbitrator, trying to influence him. However, the rules only allowed such motions by stipulation or agreement. I believe it’s best to have discovery motions heard by the courts in arbitration cases, depending on the subject matter, especially when the information could influence the arbitrator’s final decision. For example, if the defense seeks to compel the disclosure of prejudicial medical history that could negatively impact the arbitrator’s view of the case, it’s critical to ensure that such evidence is excluded. How do local regulations and jury perceptions in San Francisco influence the outcome of personal injury trials compared to other jurisdictions? San Francisco is a fast-track county, which accelerates the litigation process, helping to facilitate quicker case resolution. This can promote early resolutions in many of my cases, as the cost and risk of trial are carefully considered by all parties. The sooner the trial date is set, the more likely the parties are to consider resolving the case before trial. What steps do you take to ensure clients are fully prepared for the trial or arbitration process, and how do you manage their expectations? I spend a significant amount of time preparing clients for their testimony in arbitration. It’s crucial that they are well32 LAWYER MONTHLY DECEMBER 2024
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