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JANUARY 2020
ORDER IN THE COURT Pulling Back the Curtain on Trials
s I wrapped up 2019, I spent a lot of time in trial. It was a busy few weeks, but I enjoy the challenge of going to trial and guiding my clients through the experience. Few people know what to expect during a trial beyond what they’ve seen on TV and in movies.
It’s that story and the way I’m able to tell it that will ultimately determine the outcome of the case.
clients, as well as prepare them for how we’re going to tell their story. It’s important that we keep our clients from getting too wrapped up in the formality of it all. There’s so much formality in the trial — the judge in their robes, the lawyers at the tables, the court attendant, the podium; it’s all part
For example, most people don’t realize the importance of pretrial motions. Not all of the evidence comes into the trial. The judge’s ruling on evidence can make a huge difference and add value to the case. The jury will only hear about evidence the judge determines is fair and relevant during pretrial. This is why things are constantly moving in a trial. As a lawyer, that’s part of the excitement. It’s difficult to say what’s going to happen because there are so many variables we don’t have any control over. Back when I was a public defender, I could get very caught up in what the arguments were going to be during the trial. Opening statements and rebuttals were my focus. When I started working on personal injury cases, I realized the importance of being able to tell a client’s story. It’s that story and the way I’m able to tell it that will ultimately determine the outcome of the case. Going to trial is scary for a lot of clients. We understand that. Most lawyers would rather settle cases so our clients don’t have to deal with the stress. But when it becomes necessary to go to trial, we have to prepare our clients. This can be difficult for lawyers to do because we go to trial all the time. Fighting for cases in the courtroom is part of our everyday lives, but most people have never set foot in a courtroom before their case. Lawyers need to remember our clients are human. In order to tell their story to the jury, we need to stay in touch with our clients emotionally. When we go to trial, we have to lay out the framework and the legality of the situation for our
of the formality that sanitizes the court and sucks the emotions out of the experience. While it’s important for juries to make decisions based on facts, it’s also important for the lawyers to bring emotion back into the case. The cases we fight for do have a great deal of emotion underneath. Juries are giving money as compensation for loss as well as pain and suffering — which is another way of saying emotional loss. I don’t want my clients pulled into the sanitized version of events. I want them to help me tell their true story, to bring real emotion into the courtroom so the jury feels it. There are a lot of confusing, intimidating, and overwhelming things about going to trial, but in the end, it really boils down to the client being able to tell their story. That’s why it’s called their day in court. When we do that right, all those formalities don’t seem quite so intimidating anymore.
–Case Barnett
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And Set Alternative Goals for the New Year THROW AWAY YOUR RESOLUTIONS
At the start of each year, Ferriss spends an hour going through his calendar from the past 12 months and making a note of every person, activity, or commitment that sparked the strongest emotions, both positive and negative. The most
At the start of each new year, about half of all Americans set at least one New Year’s resolution, a promise to themselves that they will thrive in the coming year. Unfortunately, research from YouGov Omnibus, an international market research firm, found that only 1 in 5 Americans stuck to their resolutions. The fallibility of New Year’s resolutions is why few successful CEOs or leaders bother making them. Around this time of year, plenty of articles pop up with hot takes like, “Don’t set New Year’s resolutions; make goals instead!” Unfortunately, if you haven’t been making goals already, you’ve likely been setting yourself up for failure. Setting goals, achieving them, and making new ones should be a habit all year long, not just something you do on Jan. 1. The start of a new year is still a great time to reflect and strategize, but rather than fall on an old cliche, take a page from two of the most successful people in business. Reflect on 2019 with Tim Ferriss. For decades, entrepreneur and best-selling author Tim Ferriss made New Year’s resolutions every year. Then, he developed a better strategy. “I have found ‘past year reviews’ (PYR) more informed, valuable, and actionable than half-blindly looking forward with broad resolutions,” Ferriss said in a 2018 blog post.
positive events get rescheduled immediately for the new year. Meanwhile, the negative ones get put on a “Not-To-Do List” and hung up where Ferriss can see them. Pick a word of the year with Melinda Gates. “I do believe in starting the new year with new resolve,” says Melinda Gates, co-founder of the Bill & Melinda Gates Foundation, “but instead of adopting a resolution, I choose a word of the year — a word that encapsulates my aspirations for the 12 months ahead.” Gates says that words like “spacious” or “grace” have helped her center herself and serve as a reminder about what she really wants to focus on. In 2019, Gates chose the word “shine,” stating that, “It’s a reminder for all of us to turn on the lights inside of us, lift each other up, and shine together.”
OUR CLIENTS SAY IT BEST “Look no further! We all have preconceived ideas about lawyers, but when our child was involved in a traumatic accident in California miles away from home, we needed help. We needed someone who could help us in understanding specific legal details and insurance issues involved in California, but even more importantly, we needed someone who would be an advocate for our child and help get life back to normal. We were very fortunate to find Case Barnett. He and his team were immediately there for our child — assisting in all of the details, big and small, necessary to deal with the difficulties following an accident. Our relief was immediate that we’d found someone who cared about our child’s well-being first and foremost ... and who was going to help us ‘make it right’ again. If you’re in need of an outstanding and caring legal team in Southern California to help you ... you’ll have found them with Case Barnett.” –Terri H.
This publication is intended to educate the general public about personal injury and elder abuse. It is not intended to be legal advice. Every case is different.
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3-YEAR FIGHT ENDS IN CONFIDENTIAL SETTLEMENT CASE CLOSED!
Our final trial of 2019 was one Case Barnett Law has been fighting for three years.
Simple Pancakes From Scratch
Inspired by The New York Times
After our client was tragically injured, we were hired to represent them in a complicated products liability case against one of the largest corporations in the world. Prior to the trial, the defendant offered our client nothing, instead focusing on spending more than $1 million in expert fees fighting the case. We were not intimidated by the corporation's deep pockets and remained steadfast in our fight to seek justice for our client.
1. Heat a griddle or skillet to medium-low. 2. In a mixing bowl, combine dry ingredients (including sugar if you like a sweeter pancake). In a separate bowl, beat eggs into milk. Gently stir the liquid ingredients into the dry ones. Mix only until flour is moistened. Clumps are fine. 3. Add some butter or oil to the skillet. If the butter foams or oil shimmers, the temperature is correct. Pour in a pancake of any size, cooking until bubbles form, about 2–4 minutes. 4. Flip and cook other side for 2–4 minutes. Serve warm. • 2 cups all-purpose flour • 2 tsp baking powder • 1/4 tsp salt • 1 tbsp sugar, optional • 2 eggs • 1 3/4 cups milk • Unsalted butter or canola oil, to grease skillet Everyone should be able to make pancakes without a boxed mix. This recipe is no-frills fantastic and can probably be made without so much as a trip to the grocery store. Ingredients Directions
When the case finally went to trial, we spent six weeks in court. In the end, we succeeded in securing a confidential settlement for our client. Though the confidentiality of the resolution prevents us from sharing additional details of the case, we can say we are proud of the outcome. Our client has gone through a painful ordeal. We are glad they can finally start the next chapter of their life. We fought three trials in the final five months of the year. Our team is tired, but proud, as Case Barnett Law finished the year out strong.
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INSIDE THIS ISSUE: Page 1 Do We Have to Go to Trial? Page 2 Are New Year’s Resolutions a Waste of Time?
Our Clients Say It Best
Page 3 Case Barnett Law Reaches Settlement After 3-Year Fight
Simple Pancakes From Scratch
Page 4 The World’s Tiniest Animals NOWYOU SEE THEM ...
THE WORLD’S TINIEST ANIMALS
much bigger than an ant. These reptiles are the smallest in the world. At night, they climb high into the trees to sleep —
Often, it’s the big animals in the room — er, forest — that get all the attention. But a look at their smaller counterparts reveals a bustling world of fascinating creatures. From reptiles no larger than your fingernail to tiny primates that only come out at night, these animals are proof that size is not a limitation. Tiniest Primate: Madame Berthe’s Mouse Lemur Jumping from tree to tree, Madame Berthe’s mouse lemur is a tiny ball of nocturnal energy. At 3.6 inches long and weighing in at just an ounce, this is the world’s smallest known primate. First seen about 20 years ago in western Madagascar, it was named for charismatic conservationist and primatologist Madame Berthe Rakotosamimanana. While its body may be small, its large round eyes help it see in the dark, allowing it to catch insects for food. Found only in Kirindy Mitea National Park in western Madagascar, this species is identified as endangered by the International Union for Conservation of Nature and Natural Resources. Tiniest Reptile: Pygmy Leaf Chameleon The pygmy leaf chameleon also calls Madagascar home, but at half an inch long at birth, it is much tinier than its primate neighbor and not
though, for them, this might only mean a foot or so off the ground. Just like their larger counterparts, the pygmy leaf chameleon uses its tongue to capture its prey. Tiniest Mammal: Etruscan Shrew At an average of 3.5 centimeters long and weighing about 2 grams, the Etruscan shrew is the smallest living terrestrial mammal by mass. These timid creatures aren’t keen on being startled. In response to sudden noises, they’ve been known to jump, faint, and even drop dead. Don’t be fooled by their small stature though; relative to their body size, their brains are larger than most creatures (even humans), and shrews have a higher metabolic rate than any other animal. Because of this, they must eat 80–90% of their body weight in food each day. Of course, these are only the smallest known animals in their respective categories. As scientists and conservationists continue to explore remote parts of the world, it’s likely they’ll uncover many more natural wonders.
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