prepared. Before the trial or arbitration hearing, I discuss potential outcomes, case value, and my assessment of the case with the client. I always provide a range of possibilities to help clients understand that the results can vary. This is a fundamental part of practicing law and often drives settlements, as clients tend to be risk-averse in my experience. In your experience, how does the involvement of expert witnesses differ between arbitration and trial in personal injury cases? In arbitration, you can submit a declaration in lieu of live testimony from an expert. While this is permissible, I believe there is no substitute for live testimony, especially on crucial issues. If you have a strong expert, their live testimony can be a key factor in your case, particularly if the opposing side has an expert on the same issue they plan to call. What emerging trends or changes in California’s legal landscape do you foresee impacting personal injury litigation and arbitration in the coming years? One potential change is the adjustment of the percentage of legal fees that attorneys can charge in personal injury contingency cases. This could impact the quality of counsel available to take on cases. Most personal injury lawyers work on a contingency fee basis, meaning they front all costs, including their time, staff payroll, office overhead, and case-related expenses. Since they only collect fees if they prevail, this creates a significant financial burden. Changes to the permissible fee structure could affect the number of lawyers willing to take on these high-risk cases. WWW.LAWYER-MONTHLY.COM 33 Contact Dawn L. Hassell Managing Attorney The Hassell Law Group, a P.C. 4079 19th Avenue, San Francisco, CA 94132 Tel: (415) 334-4111 www.hasselllawgroup.com I believe there is less risk of bias when there are 12 people deciding a case.
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