Understand Your Rights. Solve Your Legal Problems
In today's digital age, criminal and civil investigations increasingly rely on technical evidence. Computer forensic expert witnesses play a crucial role in analyzing data from electronic devices, recovering deleted files, and presenting findings in court. Their expertise helps bridge the gap between complex technological information and legal standards, providing clarity for judges and juries.
These professionals are instrumental in various legal cases, from cybersecurity breaches to intellectual property disputes. Their ability to methodically investigate and validate digital evidence can significantly influence case outcomes.
Computer forensic experts possess specialized skills and knowledge that are critical in legal cases. Their expertise encompasses various qualifications, tools, techniques, and methodologies to extract and analyze digital evidence.
Computer forensic experts typically hold degrees in computer science, information technology, or related fields. Many have additional certifications, such as Certified Computer Examiner (CCE), Certified Information Systems Security Professional (CISSP), or EnCase Certified Examiner (EnCE).
These credentials validate their proficiency in forensic methodologies and legal processes. They often undergo continual training to stay updated with the latest technologies and legal standards. Personal injury attorneys in Beverly Hills may rely on these experts for thorough investigations, ensuring that the evidence meets court standards.
Computer forensic experts employ various tools to gather and analyze data. Common software includes EnCase, FTK, and X1 Social Discovery, each designed for specific forensic tasks.
Techniques such as data carving, memory analysis, and network traffic analysis allow experts to uncover deleted or hidden data. They must follow strict protocols to ensure the integrity of the evidence. The tools used are legally defensible, ensuring personal injury lawyers can rely on their findings in court.
The forensic investigation process starts with identification, where the expert determines what type of data or device is relevant. This is followed by the acquisition phase, where data is copied without altering the original.
Analysis of the data involves examining files, emails, and logs to find relevant information for the case. Lastly, reporting includes documenting findings in a way that is understandable for legal teams and courts. Each step is crucial, especially when personal injury cases hinge on digital evidence.
Reconstructing digital information is a vital function of computer forensic experts. They analyze fragmented data to piece together events leading to an incident.
By using specialized tools and logical analysis, they can recover deleted files, reconstruct timelines, and reveal user actions. This information can significantly impact personal injury cases by establishing liability or negligence. Accurate reconstruction helps build a compelling narrative for attorneys, especially those working in high-stakes environments like Beverly Hills.
In legal proceedings, computer forensic expert witnesses play a crucial role in presenting digital evidence and clarifying technical aspects for the court. Their effectiveness relies on their ability to navigate courtroom dynamics and engage with the legal system.
Expert witnesses must present digital evidence clearly and understandably. They often use visual aids, such as charts and graphs, to illustrate their findings effectively. This helps jurors grasp complex information quickly.
Forensic evidence is typically organized chronologically to reflect its relevance to the case. This method allows the court to follow the evidence trail easily. Expert witnesses must also be prepared to explain technical terminology in layman's terms to ensure comprehension.
When providing testimony, the credibility of the computer forensic expert is essential. They should possess relevant certifications and experience to establish authority. Courts often look for experts recognized in their field.
Moreover, they must anticipate potential questions from the opposing counsel. Preparation involves rehearsing responses and addressing potential weaknesses in their findings. This can significantly impact how the jury perceives the expert's reliability.
Cross-examination is a critical aspect of courtroom dynamics. Opposing counsel will challenge the expert’s findings to undermine their credibility. Thus, the expert needs to maintain composure and confidence during questioning.
Strategies include addressing each question directly without becoming defensive. Experts should also clarify misconceptions without oversharing. This approach helps to reinforce their expertise while navigating potentially difficult interactions.
Examining studies highlights the impact of computer forensic experts in legal outcomes. For instance, in cases reminiscent of those involving Beverly Hills car accident lawyers, digital evidence can determine liability by analyzing accident reconstruction footage.
Precedents establish how courts have previously treated digital evidence. Understanding these cases can guide experts in presenting evidence relevant to current proceedings. Familiarity with landmark cases solidifies the expert's understanding of legal expectations.
International investment disputes rarely unfold in headlines, but their consequences can be profound. At stake are infrastructure projects, energy investments, natural resources, financial services operations and regulatory decisions that can affect entire economies.
When disputes arise between foreign investors and sovereign States, the forum most frequently designated to resolve them is the International Centre for Settlement of Investment Disputes (ICSID).
Established in 1966 under the ICSID Convention, ICSID was created to provide an independent, depoliticised mechanism for resolving investment disputes between States and nationals of other States.
Today, it remains the world’s leading institution devoted to international investment dispute settlement, having administered more than 1,000 cases across a wide range of sectors and treaty frameworks. Its rules and procedures are embedded in the majority of bilateral investment treaties and numerous investment laws and contracts worldwide.
Yet investor-State dispute settlement (ISDS) is not static. Over the past decade, questions surrounding transparency, efficiency, arbitrator independence, cost, and systemic legitimacy have driven reform efforts at both institutional and multilateral levels.
ICSID has played a central role in responding to these pressures — modernising its procedural rules, developing its first dedicated mediation framework for investment disputes, and contributing to the drafting of the Code of Conduct for Arbitrators adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 2023.
Against this backdrop, Frauke Nitschke, Senior Counsel and Team Leader at ICSID, reflects on two decades within the institution and discusses how ISDS is evolving to meet contemporary demands.
September 2023 marked my twentieth anniversary at ICSID. I currently serve as Senior Counsel and Team Leader on one of ICSID’s Case Management Teams, leading the staff handling proceedings in English.
In this role, I act as Secretary to arbitral tribunals, conciliation commissions and ad hoc committees in investor-State proceedings conducted under the ICSID Convention and the ICSID Additional Facility Rules. These disputes span a broad range of economic sectors and legal instruments.
In addition to case administration, I lead ICSID’s investor-State mediation activities. This includes overseeing the drafting of the ICSID Mediation Rules and amendments to ICSID’s conciliation frameworks. I have conducted mediation skills trainings for mediators and government officials and regularly speak at international conferences on investment mediation. I also recently chaired ICSID’s Investment Mediation Insights seminars.
Prior to joining ICSID in 2003, I worked in the World Bank’s Legal Vice Presidency and the Inspection Panel. I hold law degrees from Freie Universität Berlin and Georgetown University Law Center, as well as a master’s degree in organisational psychology focused on alternative dispute resolution. I am admitted to the New York and D.C. Bars and am an accredited mediator.
Investment dispute settlement has always been dynamic, but reform discussions have intensified in recent years.
One important development is the Code of Conduct for Arbitrators in International Investment Disputes, adopted by UNCITRAL in July 2023. Developed jointly by UNCITRAL and ICSID, the Code reinforces arbitrators’ duties of independence and impartiality. It addresses issues such as double-hatting, disclosure obligations and the requirement to charge reasonable fees and expenses. The objective is to strengthen confidence in the integrity of the system.
Another major reform priority concerns efficiency and cost. ICSID completed a comprehensive modernisation of its arbitration and conciliation rules in 2022. The revised rules introduce clearer procedural timelines, enhanced transparency provisions and measures designed to streamline proceedings. By establishing more precise deadlines for procedural steps and decisions, the updated framework promotes greater predictability for parties.
A third area of reform is the growing emphasis on amicable dispute resolution. ICSID’s Mediation Rules, which entered into force in 2022, are the first institutional mediation rules specifically tailored to international investment disputes. They reflect increasing interest from States and investors in resolving disputes at earlier stages or alongside arbitration.
There is sustained international attention on mediation as a complementary mechanism to arbitration.
The Singapore Convention on Mediation has strengthened the enforceability of mediated settlement agreements internationally, contributing to greater confidence in cross-border mediation outcomes. ICSID’s Mediation Rules were developed while the international community was finalising the Convention, and alignment was an important consideration to ensure coherence where parties wish to rely on its enforcement framework.
More broadly, mediation offers flexibility and can preserve relationships between investors and States. In complex, long-term investment projects — particularly in sectors such as energy, infrastructure or natural resources — maintaining dialogue can be as important as resolving a specific legal claim.
We are also seeing domestic-level reforms, including the creation of dedicated government units to manage investment grievances before disputes escalate. These developments signal a broader shift toward early dispute management and structured dialogue.
First and foremost, our priority remains delivering high-quality, neutral and efficient services to parties, tribunals, commissions and mediators.
The 2022 rule amendments were a significant milestone, but rule reform is not a one-off exercise. We have already published a report analysing the first year of practice under the revised rules, and ongoing assessment is essential. Continuous refinement of procedures, investment in technology and data analysis, and engagement with users all form part of that process.
At the multilateral level, discussions continue at UNCITRAL and in treaty practice more broadly. ICSID contributes institutional experience to those conversations, drawing on the cases we administer and the practical lessons learned.
ISDS remains a central feature of the international investment framework. At the same time, it continues to evolve.
The adoption of the Code of Conduct, the revision of ICSID’s procedural rules, and the introduction of dedicated mediation frameworks demonstrate that reform is active and ongoing. These changes reflect an effort to respond to stakeholder concerns while preserving the system’s core objective: providing an independent and effective forum for resolving disputes between investors and States.
Given the policy developments at institutional and treaty levels, and the growing use of mediation and conciliation mechanisms, I am optimistic that the system will continue to adapt constructively. The emphasis on procedural integrity, efficiency and amicable resolution mechanisms suggests a more diversified and responsive dispute settlement landscape going forward.
Frauke Nitschke is Senior Counsel and Team Leader at the International Centre for Settlement of Investment Disputes. She joined ICSID in September 2003 and serves as Secretary to arbitral tribunals, conciliation commissions and ad hoc committees in investor-State proceedings. She leads ICSID’s investor-State mediation activities and regularly speaks at international conferences on international investment dispute resolution.
In this exclusive Lawyer Monthly feature, we speak with Lisa Ortega, Doctor of Nursing Practice (DNP) and founder of Ortega & Associates, LLC, about the vital role legal nurse consultants play in today’s litigation landscape. With over 15 years of experience in clinical care, nursing leadership, and expert witness consulting, Ortega has become a trusted figure at the intersection of healthcare and the law.
Through her firm, she helps attorneys decipher complex medical records, assess standards of care, and identify key clinical insights that can determine the success of a case. In our conversation, Ortega shares her journey from bedside nursing to legal consulting, offering a candid look at how her medical expertise can shape the outcome of even the most challenging lawsuits.
Could you begin by telling us about your journey into nursing and what led you to establish Ortega & Associates?
Growing up, I was always sure I wanted to go into healthcare. I chose nursing because I felt it allowed me to truly connect with and support my patients. Nursing was not just a job — it was something that aligned with who I am as a person.
Throughout my career, I was promoted into leadership positions that gave me a deeper understanding of the complexities of the healthcare system. As a nursing leader, I developed an interest in root cause analysis and the investigation of clinical errors. This curiosity led me to explore the field of legal nurse consulting, where I later obtained my Certified Legal Nurse Consultant (CLNC) certification and founded Ortega & Associates, LLC.
As a DNP, you have achieved the highest level of nursing education. How has this influenced your approach to legal nurse consulting?
As a Doctor of Nursing Practice (DNP), I have developed a broader understanding of the obligations and clinical expectations of nurses, as well as the standards of care. At the bedside, nurses understand documentation, escalation of concerns, and patient care on a case-by-case basis.
However, as my education and leadership experience expanded, I began to understand the “why” behind clinical decision-making — the policies, accountability, and chain-of-command dynamics that influence how care is delivered. This perspective allows me to analyze cases not just from an individual nurse’s standpoint, but from a system-wide lens encompassing the healthcare organization as a whole.
Could you provide a brief overview of the services that Ortega & Associates offers?
At Ortega & Associates, we support both plaintiff and defense attorneys in medical-related cases. Our services include:
Screening cases to determine merit and assess damages or injuries
Summarizing and interpreting complex medical records
Preparing case chronologies and timelines
Identifying deviations from the standard of care
Detecting potential medical record tampering
Assisting with discovery, mediation, arbitration, and trial preparation
Recommending potential defendants
We also attend Independent Medical Exams (IMEs) to ensure compliance with the Code of Civil Procedure, and provide written medical reports for use in litigation.
Many people might not be aware of the role of a legal nurse consultant. Could you shed some light on how you work with attorneys and the unique perspective you bring to legal cases?
As consultants, we often help attorneys build the clinical foundation of a case. I translate medical information into clear, legally relevant terms that help them understand standards of care, causation, and liability.
I bring a unique perspective drawn from experience in acute care, nursing homes, and ambulatory settings. Having served as both a bedside nurse and a clinical director, I understand not just what nurses do, but why certain decisions are made under pressure. This allows me to explain expected clinical responses and decision-making processes that might otherwise be misunderstood in court.
What are some of the most challenging aspects of your role, and how do you navigate them?
One of the biggest challenges is being brought into cases too late. Many attorneys believe they can handle initial case reviews themselves, but involving a legal nurse consultant early can save time, money, and prevent misdirection.
When we join late, we sometimes discover that the real issue is entirely different from what was initially believed. Early involvement ensures stronger strategy and more accurate case framing.
Can you share an example of a case where your expertise influenced the legal outcome?
I once worked on a case involving concerns about a hospital’s response to a patient with a gastrointestinal (GI) bleed) — specifically regarding escalation of care and notification of the chain of command. After my review, deposition, and expert statement, the case against the nurses was settled.
I created a detailed 24-hour timeline of events showing what nurses did at each critical point and how their actions aligned with clinical expectations. This context helped clarify that the nurses acted appropriately under the circumstances.
Why is continuing education so critical in your field?
Healthcare evolves constantly — and often not fast enough. As both a healthcare leader and legal nurse consultant, it’s crucial to stay current with new regulatory standards. Many regulations emerge as a response to safety events that redefine accepted standards of care. Staying updated ensures compliance and protects both patients and healthcare providers.
What qualities are essential for success in this field?
A strong attention to detail, organization, and confidence are essential. These cases often involve thousands of pages of medical records, and the smallest detail can change everything. You must also be confident in communicating with attorneys — translating clinical expertise into clear, defensible insights.
How do you see the field evolving, and what role will Ortega & Associates play in that future?
The field of legal nurse consulting is expanding beyond litigation. Today, LNCs are also involved in mediation, arbitration, and workplace injury assessments. Companies with high injury rates are hiring LNCs to investigate incidents and differentiate between workplace-related and pre-existing conditions.
As awareness grows, so will the demand for LNCs. At Ortega & Associates, we plan to remain at the forefront — helping bridge the gap between healthcare and the justice system.
Lisa M. Ortega, DNP, CLNC
President, Ortega & Associates, LLC
25876 The Old Rd #181, Stevenson Ranch, CA 91381, USA
Tel: +1 661-237-0732
Email: [email protected]
Lisa Ortega is the founder and president of Ortega & Associates, a California-based firm specializing in healthcare-related legal consulting. With over 15 years of clinical and leadership experience, she provides expert consulting on cases involving medical or nursing malpractice, personal injury, product liability, toxic torts, and workplace injury.
When construction projects or facility systems fail, the consequences can be complex—and costly. Few understand this better than Bill Acorn, an internationally recognized forensic engineer, expert witness, and founder of Acorn Consulting Services, LLC (ACS).
In this exclusive Lawyer Monthly feature, Acorn offers a detailed look at the world of forensic engineering, explaining how expert witnesses help legal teams resolve disputes in construction, design, and facilities management.
ACS provides expert services related to the built environment, specializing in HVAC, piping, plumbing, fire protection, and energy management systems that affect the operation and performance of commercial, institutional, and industrial buildings.
“We evaluate both the design and construction of these systems,” Acorn explains, “and opine on matters related to defects, standard of care, environmental control, and contractual disputes.”
ACS also advises on intellectual property cases, including trade secret misappropriation and patent infringement related to building systems and technologies.
Each case involves a unique set of facts, participants, and technical challenges. Acorn and his team evaluate the who, what, where, and how behind each claim and develop a strategic plan to support the litigation process.
This often includes on-site investigations, component testing, document review, and collaboration with other subject-matter experts such as electrical, structural, or metallurgical engineers. In complex disputes, ACS helps coordinate expert efforts to avoid overlap and ensure consistency in the findings presented to counsel.
The firm customizes its methods to each case, depending on the technical complexity and nature of the alleged failure. Evaluations may include:
Observation and documentation of construction sites
Review and reconstruction of design calculations
Testing of materials, components, and systems
Long-term performance trend analysis
Non-destructive and destructive testing
Based on these results, ACS prepares authoritative expert reports, advises on discovery strategy, or develops rebuttal reports addressing opposing expert opinions—all while maintaining transparency and cost-effectiveness.
ACS works with both plaintiff and defense teams, always maintaining scientific integrity.
“For plaintiffs, we build affirmative expert opinions based on sound engineering and verified evidence,” says Acorn. “For defendants, we evaluate the opposing expert’s methods and conclusions, recognizing those that are valid and rebutting those that are not.”
Through careful analysis, testing, and clear communication, ACS provides objective, defensible insights that help shape legal strategy on both sides of the courtroom.
ACS’s expertise spans a wide range of forensic engineering and construction-related disputes, including:
HVAC system performance issues
Cleanroom and humidity control failures
Power and process piping system malfunctions
Energy management system defects
Fire, explosion, and chemical exposure claims
Code compliance and design negligence cases
The firm frequently evaluates advanced manufacturing sites, hospitals, data centers, and large commercial buildings—anywhere technical failures have serious operational or legal consequences.
“In complex facility disputes,” Acorn explains, “a forensic expert should be brought in as soon as possible.” Immediate engagement ensures that critical evidence, such as damaged components or environmental conditions, is preserved.
Delays can make it much harder—and more expensive—to determine the root cause of a system failure. A seasoned forensic engineer can help organize evidence, coordinate specialists, and present technical findings clearly to attorneys, judges, and juries.
Forensic engineering is both analytical and interpretive. “A skilled forensic analyst,” says Acorn, “must reconstruct what went wrong using limited data—facts that a layperson might find completely inadequate.”
Essential skills include:
Deep technical experience and applied engineering judgment
Strong written and verbal communication
Objectivity under cross-examination
Ability to simplify complex theories for lay audiences
Acorn adds that confidence, composure, and intellectual humility are equally vital. “The best experts know when to acknowledge weaknesses and prepare their clients accordingly.”
To maintain credibility, experts must stay at the forefront of their discipline. Acorn prioritizes continuing education, teaching, and publishing, noting that instructing others sharpens one’s understanding and communication.
“Teaching seminars or writing for professional journals forces you to organize information, challenge assumptions, and explain complex topics in simple terms,” he says.
By engaging in professional organizations like FEWA and NAFE, experts also learn the legal nuances that distinguish effective expert testimony from routine technical consulting.
Acorn encourages emerging professionals to cultivate both technical mastery and credibility:
“Be known as the go-to person in your field. Teach, publish, and stay active in professional organizations. Learn to communicate technical ideas clearly—and never stop challenging yourself.”
He emphasizes humility and lifelong learning: “There will always be someone with greater experience. The best experts never stop learning from others.”
William R. Acorn, P.E., DFE, FASHRAE, CFLC
Founder, Acorn Consulting Services, LLC
16420 N 92nd St, Suite 200B, Scottsdale, AZ 85260, USA
Tel: +1 602-888-7250 | Fax: +1 520-577-0851
E: [email protected]
Bill Acorn is an internationally recognized authority on forensic engineering and facility system analysis, with over 45 years of experience. As an expert witness and litigation consultant, he has represented plaintiffs, defendants, and insurers in high-value cases exceeding $250 million.
Founded in 1999, Acorn Consulting Services specializes in diagnosing and resolving issues involving design, construction, code compliance, environmental control, and performance of mechanical and building systems.
In this in-depth discussion, California attorney Steven Glickman shares his expert insights on what constitutes legal malpractice, the common ways it can occur, and how affected clients can seek recourse. Drawing on decades of trial experience, Glickman explains the ethical duties lawyers owe to their clients, the most frequent mistakes he’s seen in practice, and why malpractice insurance plays a pivotal role in these complex cases.
As the name implies, legal malpractice is a type of professional negligence committed by a lawyer. It occurs when a lawyer fails to provide competent and diligent representation to a client, resulting in harm to the client. To prosecute a successful legal malpractice claim against their lawyer, a client must show not only that the lawyer was negligent, but also that they would have obtained a better result if their lawyer had acted as a reasonably careful attorney.
Legal malpractice can take many forms, including:
Failure to file a lawsuit within the statute of limitations
Failure to investigate a case thoroughly or to uncover crucial evidence
Failure to advise a client of their legal rights
Failure to communicate with a client
Failure to represent a client zealously
Failure to prepare thoroughly
Failure to appear in court
Missed deadlines
Conflict of interest with the client
Lacking the necessary knowledge or expertise to handle a case effectively
Misleading a client to induce them to accept an unfavourable settlement
Engaging in dishonesty, breaching client confidentiality, or other unethical behaviors
In my professional capacity as a lawyer, I have seen the following forms of legal malpractice most commonly:
Failure to file a lawsuit within the statute of limitations
Failure to investigate a case thoroughly before filing suit
Failure to advise a client of their legal rights or to communicate with a client
Failure to appear in court
Failure to respond appropriately to an opponent’s legal filings
Missed deadlines
Lawyers play a crucial role in counseling their clients and advocating for them in court. In doing so, lawyers have ethical duties that they must uphold. The State Bar of California and the American Bar Association have established rules that govern how lawyers perform their duties competently.
Most attorneys follow these rules, but some fail in one way or another due to human error or recklessness. The following are three examples of ethics violations by a lawyer.
Your lawyer should communicate with you in depth. They should inform you about your case and get your consent for crucial decisions. You should also be informed about how they plan to accomplish your objectives. If you have a reasonable request, the lawyer should comply with it.
It is inappropriate for an attorney to withhold information or fail to provide thorough details about an issue. This makes it hard for you to make informed decisions.
Of course, new lawyers are always coming into the market. While experience matters in the industry, new advocates are also knowledgeable. However, some may lie or exaggerate their experience to win your business. Even though using false or misleading statements may seem harmless, it can be an ethics violation. You should be given all the information you need that allows you to choose a lawyer with care.
Fee agreements may be on a fixed or contingency basis. Regardless of the payment structure, the attorney fees must not be unreasonably high. Overbilling, changing fees without a discussion, or failing to disclose details about the fee arrangement are ethics violations.
Ethics violations in the legal field are serious and may create a basis for legal malpractice. Understanding these violations helps you to identify them and act suitably.
The majority of lawyers are competent at their jobs and will give you adequate representation. However, the reality is that lawyers are not immune from making errors. What causes lawyers to make mistakes? The two main reasons are:
Any lawyer that you hire owes you a duty of care. This means that they must act upon your instructions and in your best interests.
Your case may be complex, but the firm you have approached may simply not have the expertise that you require. The firm wants your business and therefore, may act like they are well-equipped to handle your case. Dishonesty like this may significantly disadvantage you when your case is heard in court.
In any area of law, there is never a shortage of cases. The more cases a firm takes on, the more profitable the firm becomes.
This is all well and good, but it should never be at the expense of good service to a client. An overworked lawyer might make errors in law because they are so rushed. They might even miss crucial deadlines that grind your case to a halt.
Legal malpractice can compromise a client's case in many ways, including:
Losing a case that could have been won
Losing the chance to file a case because the statute of limitations has passed
Receiving a smaller settlement than what was deserved
Having to go through a more drawn-out and expensive legal process
In order to prove legal malpractice, a client must show that:
The lawyer had a duty to the client
The lawyer breached that duty
The client was harmed as a result of the breach
The harm was caused by the lawyer's negligence
Keep in mind that the client was not harmed by the lawyer’s conduct if the same harm would have occurred to the client anyway, without the lawyer’s conduct. A client has to show that they would have obtained a better result if their lawyer had acted as a reasonably careful attorney.
‘Collectability’ refers to the ability to have obtained a ‘collectable’ judgment in the underlying matter. Unless you can show you would have been able to collect on your claim in the underlying case, you will not have a viable malpractice claim.
Here is an example: imagine the underlying claim is a rear-end car crash in which the injured driver was paralysed for life. Then, the lawyer representing the paralysed driver failed to timely file the personal injury claim. What is the value of the legal malpractice case?
Answer: it depends on the insurance and assets the at fault driver had. For example, if the at-fault driver only had the minimum insurance limits ($15,000 per person) and no assets, the value of the case – even with a severe injury – is only $15,000.
Thus, it is extremely important to analyse the collectability issue along with all other significant issues in a legal malpractice case.
Ethics violations in the legal field are serious and may create a basis for legal malpractice.
If you believe you have been the victim of legal malpractice, your first step should be to consult with another lawyer who can help you assess your case and determine if you have a valid claim. If you do have a valid claim, the lawyer can help you file a lawsuit against the negligent lawyer.
A client can help get their case ready for review by gathering all relevant documents, correspondence, and records related to their lawyer’s legal representation. However, should the client not have access to all their files, they may still consult with a legal malpractice specialist. If they decide to move forward with a legal malpractice claim, they can obtain their full legal files through the discovery process.
It is not a secret that physicians generally invest in medical malpractice insurance to safeguard their personal liability if a patient sues them for causing harm. However, few people are aware that lawyers regularly invest in the same kind of malpractice coverage.
Legal malpractice insurance is a financial investment that allows attorneys to cover losses sustained by clients who have been wronged due to allegedly substandard approaches to professional representation.
Individuals and companies invest in professional insurance coverage for two primary reasons. First, they believe that they are at risk of incurring a specific kind of liability. Second, they expect that someone may try to hold them accountable for alleged wrongdoing.
Lawyers, like physicians, understand that because they are human, it is inevitable that they will make mistakes. If a lawyer’s mistake leads to a client’s harm, a lawyer who is covered by malpractice insurance will be less likely to incur personal liability when covering the losses suffered by the wronged party. Essentially, the very fact that most – but not all -- lawyers carry malpractice insurance illustrates that malpractice happens and that lawyers expect to be held accountable if they misstep in ways that cause harm.
Generally, without insurance covering the defendant lawyer, the malpractice case is not economically viable. If there is insurance, it is what is known as a ‘burning limits’ policy, where the cost of defence ‘burns down’ the total policy limits. This creates a different dynamic than a typical personal injury case where the insurance company may choose to spend unlimited funds on defending the case without those expenditures impacting the amount of coverage to pay the claim. In a ‘burning limits’ policy, the cost of defense comes out of the policy limit thereby eroding the amount available to settle the claim or satisfy a judgment on behalf of the insured.
Legal malpractice is a serious problem that can significantly impact a client's life. Establishing effective mechanisms for preventing, identifying, and addressing legal malpractice is crucial for maintaining the integrity and trustworthiness of the legal profession. Ongoing professional development, ethical adherence, and clear communication are essential in mitigating the risk of making an error that amounts to legal malpractice.
If you believe you have been the victim of legal malpractice, it is important to seek legal help as soon as possible by talking to a lawyer experienced in bringing legal malpractice claims. A lawyer can help you assess your case and determine if you have a valid claim. If you do have a valid claim, the lawyer can help you file a lawsuit against the negligent lawyer and seek compensation for your damages.
Here are some additional things to keep in mind about legal malpractice:
The statute of limitations for legal malpractice claims varies from state to state. In some states, the statute of limitations is as short as one year. This means that you may only have a limited amount of time to file a lawsuit after you discover the malpractice.
Legal malpractice cases can be complex and expensive to litigate. If you are considering filing a lawsuit, it is important to speak with an experienced lawyer who can help you assess your case and determine if it is worth pursuing.
Even if you are successful in winning a legal malpractice lawsuit, you may not be able to recover all of your damages. The amount of damages you can recover will depend on the facts of your case and the laws of your state.
Oftentimes an attorney accused of legal malpractice will be defended by their malpractice insurer. The specifics of an attorney’s legal malpractice insurance policy can affect the client’s ultimate recovery in their claim against their lawyer. Understanding the policy and its effect on the client’s case are important elements of a claim that are best handled by an experienced legal malpractice attorney.
Please tell us a little about your journey into law.
I was born the year my father graduated UCLA law school and was no doubt destined to follow in my father's legal footsteps. Gracing my baby book photo album is a picture of me holding a gavel with a UCLA pennant in the background. When I graduated from UCLA Law School in 1982, I was honoured with a special award for "excellence in preparation for trial practice of the law".
Since trying my first case as a lawyer in 1984, I have enjoyed every day. I usually compare our practice to the famous opening of Forrest Gump, when Forrest is sitting on the bench explaining to the other waiting bus passenger, that life is like a box of chocolates. Our practice is like that – each case is a chocolate taken from that magical box.
One exciting thing about legal malpractice work: you get to learn all areas of law outside of what you otherwise might focus on. For example, back in law school, I never thought I would need to use my knowledge of easements in practice. Well, sure enough, I have now had several cases where easement law was the basic area involved in the case.
We are fortunate to have added Morgan Metzger to our team. I met Morgan when she was on the other side of me on a case (she was a defence lawyer for 13 years) and was very impressed with her skills. I told her I would hire her when the partner she was working with (a friend of mine) retired. He did, and we hired her. She has shown incredible promise now that she is working on the plaintiff side and is a great addition to our team.
Steven Glickman, Principal
Glickman & Glickman, ALC
15233 Ventura Blvd Suite 400, Sherman Oaks, CA 91403, USA
Tel: +1 310-746-5116
E: [email protected]
Steven Glickman is a principal at Glickman & Glickman, ALC, where he and his father David R. Glickman (1932-2020) practiced as a trial team for decades. Glickman & Glickman today remains one of California’s premiere boutique plaintiff’s-side law firms, with offices in Los Angeles and San Francisco. Steven has been recognised both locally and nationally for his expertise in and contributions to the field of professional negligence liability, specifically legal malpractice and medical malpractice.
Few lawyers have fought as tirelessly for environmental justice as Marc Bern. Over the past four decades, he has taken on some of the most powerful corporations and government agencies in America — giving a voice to victims whose health and livelihoods were destroyed by pollution and toxic exposure.
From the poisoned waters of Camp Lejeune to the aftermath of 9/11 at Ground Zero, Bern has stood at the front lines of cases that shaped how the U.S. confronts environmental harm. As founder of Marc J. Bern & Partners LLP, he has recovered billions in compensation for workers, families, and communities suffering from contamination and negligence.
In this exclusive interview, Bern reflects on the hidden dangers that still threaten public health, the evolution of environmental law, and why — even after nearly 50 years in practice — he believes the fight for accountability is only just beginning.
What kinds of environmental hazards most often give rise to litigation in the U.S.?
At the top of the list, says Bern, are toxins that cause various forms of cancer — including lung and kidney cancers — as well as long-term pulmonary conditions such as asthma and COPD. These illnesses frequently stem from exposure to harmful chemicals in air, soil, and water, and they form the backbone of many toxic tort and environmental injury cases across the country.
What laws and legal principles do these cases typically rely on?
The foundation of environmental injury cases depends heavily on the source of contamination — whether air, water, or soil. Bern points to examples ranging from negligent incinerator emissions to the notorious Camp Lejeune water contamination, where toxic dumping by the U.S. government poisoned the base’s drinking water for decades. He also recalls the MTBE gasoline additive cases, where a federally approved chemical seeped into groundwater nationwide, triggering some of the largest environmental remediation costs in U.S. history.
How is liability demonstrated in these complex lawsuits?
“These cases are won on the strength of the science,” Bern explains. Expert testimony is critical — from air and water quality specialists to oncologists and pulmonary experts who can link exposure to disease. Establishing a clear causal connection between a toxin and an injury requires meticulous documentation and collaboration between scientists, physicians, and attorneys.
What major changes have you witnessed during your career?
Practicing since 1975, Bern has seen environmental law transform from a niche discipline into a central pillar of public health protection. He cites the recent surge in litigation surrounding PFAS “forever chemicals”, as public awareness grows about the dangers of substances once considered safe. “People now understand that toxic releases and industrial chemicals can cause lifelong harm,” he says.
Are similar large-scale legislative responses likely in the future?
Bern believes so. Drawing on his experience with the World Trade Center litigation and the creation of the Zadroga Act, he foresees similar congressional action for Camp Lejeune victims. “Hundreds of thousands of people were exposed over many decades,” he says. “We hope compensation will come swiftly — even for those exposed half a century ago.”
What recent cases highlight the continued need for environmental vigilance?
Bern references the train derailment in East Palestine, Ohio, where toxic chemicals may have contaminated soil and water, as a reminder of how fragile environmental safety remains. He also points to incinerator mismanagement and toxic burn pits in Iraq and Afghanistan, where harmful emissions have caused lasting damage to both people and ecosystems.
Could you share a bit about your journey into law and the milestones of your career?
Bern began practicing law in 1975 in Wisconsin before relocating to New York, where he built a national reputation for handling complex environmental and mass tort cases. Since founding Marc J. Bern & Partners LLP in 2015, he has led major litigations spanning environmental contamination, railroad worker cancers, opioid-related claims, and large-scale personal injury cases.
Which achievements stand out most to you?
Bern’s proudest work includes representing Ground Zero responders after 9/11, helping secure compensation and pushing for the passage of the Zadroga Act. He also represented victims of the Costa Concordia disaster, the Aurora Theater shooting, and the national opioid litigation — each case reflecting his commitment to holding institutions accountable and amplifying the voices of victims.
What drives your lifelong dedication to this work?
“I want to help people,” Bern says simply. “The civil justice system allows us to right wrongs — whether from negligence, corporate misconduct, or environmental harm. The people who need a voice are the ones I’ve always wanted to stand up for.”
Marc J. Bern, Founding Partner
Marc J. Bern & Partners LLP
One Grand Central Place, 60 East 42nd Street, Suite 950, New York, NY 10165, USA
Tel: +1 212-702-5000
Email: [email protected]
Solicitors and law firms are essential in helping UK individuals, families, and businesses protect their legal rights, resolve disputes, and secure financial support. However, access to these vital services is currently uneven, leaving many in dire need without the necessary legal support. The industry must proactively address this gap.
Despite the legal services sector being larger and more diverse than ever, a significant percentage of individuals and businesses remain either unaware of their legal options or lack the resources to access them.
This article will explore the key barriers preventing people in the UK from getting proper access to legal services, and examine current and potential solutions to broaden access to justice.
The challenges facing UK consumers and businesses have been clearly documented by the Legal Services Board (LSB), notably in its 2020 report on the Legal Needs of Individuals in England and Wales. This research, compiled in partnership with The Law Society and YouGov, surveyed 28,633 individuals and revealed concerning statistics on the prevalence of unmet legal needs:
The LSB’s subsequent 10-year report reinforced this picture, highlighting that:
These figures show a clear problem: a substantial part of the UK population feels locked out of high-quality legal services and requires better guidance on accessing the support they need.
Determining the legal viability of a case is highly fact-dependent, yet many people are unsure where to seek preliminary guidance or whether professional advice is warranted.
LSB findings indicate that people are most likely to seek legal support for issues involving injury, wills, conveyancing, or family law. Conversely, they are much less likely to seek help for common issues like employment, welfare, property, and consumer problems (e.g., complaints over faulty goods or neighbour disputes). This suggests that many people are not seeking help when they most frequently need it.
To help individuals and businesses determine when to seek legal advice, they should consider the following questions:
For those with low legal confidence, efforts are needed to communicate this process clearly and reduce the perceived barriers to accessing initial legal assistance.
The legal industry already provides a range of services and support measures to ensure individuals and businesses can access free or affordable legal advice:
While these approaches are improving accessibility, the industry is committed to further progress. Examples include the LSB's campaign to promote legal expenses insurance and The Law Society's efforts to reintroduce legal aid for early legal advice, particularly in family and housing law.
The UK legal sector is respected globally for the quality and variety of its services. By continuously working to broaden access to legal help, the industry will help ensure that every member of society can benefit equally from its essential work.
The challenges of legal service affordability and access are not new, but the response from the legal sector has been transformed by a new wave of LegalTech and JusticeTech solutions. These innovations do not replace the expertise of the solicitor, but rather act as essential tools to lower costs, remove geographical barriers, and triage problems for the millions of UK adults with unmet legal needs.
The shift to digital was accelerated by recent events, resulting in permanent changes that dramatically enhance access:
The most significant recent development is the integration of Generative AI. For a solicitor, this technology is not a competitor but a powerful efficiency tool that ultimately benefits the client:
To address the cost crisis, clients are increasingly turning to services outside of the traditional solicitor-client model for routine matters:
The goal of LegalTech and these alternative services is singular: to ensure that the solicitor's invaluable time is reserved for the complex, strategic matters that truly require their years of training, making legal services more available and affordable for the UK public.
Lee Marston, Managing Partner Clough & Willis Address: 2 Manchester Road, Bury, Lancashire, BL9 0DT Tel: +44 (0)800 038 0815 | Email: [email protected] | Website: www.clough-willis.co.uk
Clough & Willis is a full-service law firm based in the UK, offering high-quality legal advice on a broad range of personal and commercial matters. Lee Marston is Managing Partner and Head of Family Law at Clough & Willis. In addition to practicing solely in family law, he is also a Resolution Accredited Specialist in the financial side of divorce and children disputes and was a founding member of the Family Law Panel in 2005.
In an era when fewer and fewer cases make it to trial, the art of courtroom advocacy is becoming a rare skill. Yet for experienced trial attorneys Lee Previant and John Noland, founders of NP Law Firm, it remains the heart of their practice. Speaking with Lawyer Monthly, the pair shared what it truly takes to be an effective trial lawyer—from mastering preparation and evidence to telling a client’s story with authenticity.
With decades of combined experience, Previant and Noland have built a reputation for their hands-on approach, fearless courtroom presence, and dedication to mentorship. Here, they reveal the mindset, techniques, and principles that drive their work and inspire a new generation of litigators.
According to Previant and Noland, three elements define an effective trial attorney: preparation, authenticity, and competency.
“Preparation begins at the onset of the case,” they explain. “Even though most cases settle, you must assume every case is going to trial. In fact, the more prepared you are for trial, the more likely the case will settle.”
Every attorney, they say, should build a trial binder—a comprehensive manual containing pleadings, research, evidence, witness lists, voir dire information, and draft arguments. Starting early ensures that when trial day comes, the lawyer can focus entirely on strategy rather than scrambling for documents.
Authenticity is the foundation of persuasion. “Authentic is credible, and credible is believable,” says Noland. “The story must be authentic: don’t make your client something they’re not.”
Jurors connect to genuine stories, not sales pitches. Overly dramatic language or embellished testimony can undermine credibility. “If a jury thinks a witness or attorney is overreaching, they won’t believe the story,” adds Previant. “You must be yourself.”
Knowing the rules of evidence is critical to success at trial. “You must be able to get evidence in and keep evidence out,” says Previant. During discovery, attorneys should constantly ask: Do I need this evidence? Can I get it admitted?
A trial lawyer’s understanding of admissibility often determines the strength of their case. “If an attorney doesn’t know the rules, they’ll miss key objections,” Noland warns.
Insurance carriers know which firms take cases to trial—and which ones don’t. That distinction has a direct impact on settlement value.
“Firms that never go to trial often receive lower settlement offers,” explains Previant. “Carriers know who will make them spend money to defend a case.”
Conversely, when an insurer knows that an attorney is willing to take a case to verdict, they must account for the risk of a high jury award—often leading to higher settlement offers. “Trial readiness improves negotiation leverage,” Noland says.
Discovery reveals more than just facts—it exposes a lawyer’s mindset. “An experienced attorney structures discovery with trial in mind,” Previant notes. “They ask for information that matters to a jury, not irrelevant fishing expeditions.”
Even depositions, Noland adds, should be strategic. “Don’t impeach a witness unless you don’t expect them to appear at trial. The power of impeachment lies in surprise.”
Focus groups are a powerful tool for trial preparation. “They highlight issues you didn’t think were important but that could distract a jury,” Noland explains.
These mock trials allow attorneys to test their themes, refine phrasing, and see how real people respond to a case. “It’s like a football team running plays—you learn what works before the big game,” says Previant.
They also help prepare clients. “When clients watch jurors discuss their case, it grounds them in the reality of trial,” he adds.
Modern juries expect visual and digital engagement. NP Law embraces technology—from trial prep software to interactive exhibits and AI-powered visualizations.
“Static slides can bore juries,” says Noland. “Animations and 3D models of accidents or anatomy can make complex facts clear and compelling.” Integrating technology not only improves clarity but keeps jurors emotionally invested throughout the trial.
Both attorneys agree that public speaking and storytelling are essential. “You have to be a good storyteller—and to do that, you must truly know your client,” says Previant. “Jurors can sense authenticity. When they believe in your client’s story, they’ll want to help.”
Experience is equally crucial. “You get rusty if you’re not trying cases,” Noland admits. “Trial work is demanding, but practice keeps you sharp.”
For NP Law, service extends beyond the courtroom. “Writing a check isn’t enough—you have to engage,” says Previant. The firm encourages attorneys to participate in local bar associations, schools, and charitable programs, helping to strengthen the connection between the legal profession and the public.
Previant and Noland met while working at a large Los Angeles firm but soon realized they shared a deeper goal—to build a firm dedicated to true trial advocacy.
Previant, raised in rural Minnesota, began his career as a commercial real estate appraiser before entering law and representing plaintiffs in asbestos litigation nationwide. After volunteering in Africa, he returned to the U.S. and crossed paths with Noland.
Noland’s journey began in the U.S. Navy as a combat medic before serving as an emergency paramedic in Los Angeles. His background in medicine led him to study medical illustration, where he collaborated with trial lawyers—and ultimately decided to become one himself.
Together, they built NP Law around one mission: to prepare, practice, and pursue justice with integrity.
Every case, they say, begins with three guiding questions:
Who are we? “We’re legal professionals bound by ethics to put our clients’ interests first.”
What do we do? “We explore every option for the best possible outcome.”
How do we do it? “We treat every case as a mission, developing a plan that prepares us for trial from day one.”
Their guiding principle echoes President John F. Kennedy’s challenge to pursue hard goals for the sake of excellence:
“We choose to do these things not because they are easy, but because they are hard.”
As NP Law continues to grow, Previant and Noland remain focused on mentoring young lawyers, sharing trial experience, and advocating for clients across California.
“Our goal,” says Noland, “is to keep improving as trial lawyers and to help others develop the skills to try cases with confidence.”
Lee Previant and John Noland, Founding Partners
NP Law Firm, APC
28494 Westinghouse Place, Suite 311, Valencia, CA 91355, USA
Tel: 855-675-2901 | Fax: 818-334-5043
E: [email protected] | [email protected]
For many people with a criminal record, even a dismissed or acquitted charge can linger in the background—affecting job opportunities, housing, and peace of mind. As Lawyer Monthly explores this growing area of criminal law, Mississippi attorney Tangi Carter shares her insight on expungement—the legal process of erasing or sealing a criminal record—and how it has helped many of her clients rebuild their lives.
Carter, a veteran defense lawyer and founder of The Law Firm of Tangi Carter & Associates, has spent over 25 years helping clients navigate Mississippi’s complex criminal justice system. Here, she explains what expungement means, who qualifies, and why the process offers more than just a clean record—it offers a genuine second chance.
“An expungement,” Carter explains, “is a mechanism by which an individual can petition the court to have a criminal record removed.” Once approved, that individual may legally state on job or school applications that they have never been convicted or arrested for the expunged crime.
Many people don’t realize that even if a charge is dismissed or a jury returns a not-guilty verdict, an arrest record still exists. Only a formal expungement order removes the record from all relevant local, state, and federal databases.
The process depends on the type of charge and the sentence imposed. “Some cases—like violent felonies—are not eligible,” says Carter.
Generally, a person must first complete their court-ordered sentence, then file a civil petition to expunge in the same court where they were charged. Because the process can be complex, most applicants benefit from legal representation.
Once the petition is approved and signed by both the judge and prosecutor, the clerk forwards the order to the Mississippi Criminal Information Center, which removes the record from all applicable systems.
According to Carter, expunging a DUI conviction can be life-changing. “Many employers and licensing boards won’t hire or approve someone with a DUI on their record,” she explains. “Beyond that, removing the stigma of a DUI helps restore a client’s confidence.”
For many, it’s one of the most embarrassing events of their lives—and expungement provides both emotional and professional relief.
Under Mississippi law, individuals can expunge only one felony conviction, though they may expunge multiple arrests that did not result in convictions.
For felony or DUI convictions, applicants must typically wait five years after completing their sentence before petitioning for expungement.
“Expungement law is nuanced,” Carter notes. “Different statutes apply to different charges and sentences.” An experienced attorney ensures that petitions are properly filed and that every agency involved in recordkeeping receives and processes the expungement order correctly.
Even when a charge cannot be expunged, Carter’s firm often helps clients petition to restore firearm rights or regain other privileges. “We’ve helped hundreds of clients move forward with their lives,” she says. “Expungement or not, there’s always a way to advocate for a second chance.”
Carter’s passion for law began early—her family’s deep ties to the Mississippi legal community inspired her career path. After serving as an Assistant Public Defender in Florida and later with the Federal Public Defender’s Office, she founded her own firm in 2013.
Today, she represents clients across Mississippi and Louisiana, and is admitted to practice in Tennessee and Florida. She has been recognized among the Top 100 Criminal Trial Lawyers in Mississippi and named a Mississippi Leader in Law by the Mississippi Business Journal.
“I never want my clients to be just another name on the docket,” Carter says. “To tell their story effectively, I have to truly know them.” She views each case as a collaboration—often involving clients’ families and friends to prepare the best defense possible.
Her philosophy is simple: “This is my client’s life on the line. I’m here to serve them—not to be the smartest person in the room.”
With over two decades in practice, Carter continues to expand her firm. In January, she hired associate attorney Lindsay Arevalo, bringing new energy to the team. Supported by her experienced paralegals and staff, Carter’s goal is to make her firm the leading criminal defense practice in Mississippi—while maintaining the personal touch that defines her work.
“I love being a criminal defense lawyer,” she says. “I want to keep fighting for people—and still have time to travel with my husband, Mark. The goal is a firm that runs smoothly so I can focus on what matters most: our clients and their stories.”
The Law Firm of Tangi Carter & Associates
912 W Pine St, Hattiesburg, MS 39401, USA
Tel: +1 601-544-1313 | E: [email protected]
For many U.S. expats in the UK, buying a home eventually comes onto the radar. Most people start out renting, which works well at first, no mortgage to worry about, fewer responsibilities when it comes to repairs, and the freedom to move around. But once you’ve reached financial stability or started thinking about raising a family, renting can begin to feel temporary. At that point, owning a place is a real possibility.
The challenge is that the UK housing market doesn’t follow the same playbook as the U.S. As an expat you’ll probably bump into stricter mortgage hoops, steeper deposit requirements, and the joyless reality of exchange rates deciding how much your savings are worth that month. And hovering somewhere in the background is the IRS, ready to remind you that they still have a say in your life abroad.
Getting a mortgage here is possible, but it can feel a bit like slogging through wet cement. Lenders tend to see expats as risky, especially if you haven’t been in the country long.
A few sticking points come up again and again. Residency status matters. If you’ve got Indefinite Leave to Remain, lenders are friendlier, but with a work visa the choices narrow fast. Credit history is another hurdle. Your U.S. score doesn’t cross the Atlantic with you, so you have to build it here through little things like utility bills or a phone contract. Then there’s proof of income. Banks usually want two years of payslips or tax records. That sounds simple until you remember how many people move abroad precisely because their work is a bit more flexible or unpredictable.
Because of this, many expats end up calling in brokers who know which banks will even entertain the conversation. Without that, you risk running in circles.
This part often shocks Americans. What was the 10 percent down payment you might have expected? Forget it. Expats are usually asked for 20 to 25 percent, and if you’re relatively new to the UK, some lenders push it closer to 30. It feels harsh, but the upside is that bigger deposits usually unlock better rates.
Saving that much isn’t quick. I’ve known people who were almost there, only to have a sudden dip in the dollar against the pound wipe out months of progress overnight. Which brings me to…
If you’re earning in dollars but buying in pounds, exchange rates quietly dictate your budget. A strong dollar stretches it, a weak one shrinks it. Some expats move large sums when the rate looks good. Others spread it out to soften the swings. Honestly, either way is a bit of a gamble. Even the so-called experts rarely guess right. At some point you just have to accept you won’t control this part.
And then there’s the U.S. tax system. Buying in the UK might feel local, but Washington will still want the paperwork. You need to file US taxes from the UK whether you like it or not. If your UK bank account for the mortgage creeps above $10,000, you file an FBAR. If you rent the place out, you report that rental income to both HMRC and the IRS. In theory, credits protect you from paying twice, but it’s still extra filing. Depending on how the property is held, FATCA rules may come into play too.
It’s all manageable, but it creates stress. A lot of Americans underestimate how strict the IRS when it comes to implementation of their rules.
Buying a home in the UK is something that we need to think . For some expats, it’s a milestone that says “I’m staying.” For others, it feels like too much commitment, especially when you factor in tax headaches and the possibility of moving again. Both reactions are fair.
If you decide to go ahead, the smartest route is usually to get help on both sides. A UK mortgage advisor who knows expats, and a U.S. tax professional like Expat US Tax who can keep the IRS from surprising you later.
With that in place, you can get past the red tape and focus on the more personal side of it all: choosing whether you want a Victorian terrace in Manchester, a modern flat in East London, or maybe that slightly crooked cottage you spotted in the countryside.
